Carlsbad Criminal Defense Attorney & DUI Lawyer
If you or someone close to you is the target of an investigation by a law enforcement agency or you have been arrested, you may be experiencing a range of emotions including fear, anxiety, bewilderment and anger. The jails and prisons of Southern California are filled with people who exacerbated their problems by consenting to searches, providing incriminating statements and waiting to exercise of their constitutional right to legal representation. At the Law Offices of David M. Boertje, we provide zealous defense to people charged with misdemeanors, felonies and DUI offenses in Carlsbad and the surrounding areas of San Diego from the initial stages of a law enforcement investigation through trial and/or appeals.Why Should I Retain a Carlsbad Criminal Defense Lawyer Prior to the Filing of Criminal Charges?
When we are contacted during a pending investigation before formal charges have been filed, we can often influence the direction of a criminal case so that our client is never formally charged or exert influence over the charging decision. We may utilize private investigators to interview witnesses, conduct forensic testing, analyze law enforcement procedures, evaluate the legality of searches and engage in other defense strategies designed to prevent or mitigate the seriousness or number of criminal charges. We may also challenge the legality of searches and represent our client’s interest during any questioning. The bottom line is that Carlsbad criminal defense attorney David M. Boertje zealously defends clients even before formal charges have been filed when he is retained early in the process.
Because many people make their situation worse by admitting damaging facts, you should never speak to the police without an experienced criminal defense lawyer. Police officers and detectives have years of experience in interrogating witnesses and obtaining contradictory statements. Tactics that might be employed include deceiving you regarding the strength of the evidence against you or suggesting that you will improve your situation by admitting damaging information. It is important to keep in mind that the job of the officer interrogating you is to develop evidence to justify your arrest and prosecution. The bottom line is that you should clearly and repeatedly exercise your right to counsel and to remain silent. You also should not consent to any search of your person, home, business or vehicle.What Kinds of Criminal Cases Does the Law Offices of David M. Boertje Handle in Carlsbad?
Carlsbad criminal defense attorney David Boerjte has the experience and expertise to provide effective representation in cases across the spectrum from minor misdemeanors to serious felonies. We tenaciously represent our clients in every stage of a criminal case to obtain a dismissal, reduction in the charge, mitigation of punishment or the best possible outcome. Some of the criminal cases we handle include the following:
Sex Crimes: Forcible rape, statutory rape, child molestation, pornography, prostitution, solicitation, indecent exposure, lewd acts in public
Driving Under the Influence: DUI, DWI, vehicular manslaughter
Drug Crimes/Narcotics: Possession, manufacturing, distribution, transportation, sale
Homicide: Murder, voluntary manslaughter, involuntary manslaughter, gross vehicular manslaughter
Theft Offenses: Residential burglary, grand theft, commercial burglary, petty theft
White Collar Crimes: Embezzlement, identity theft, bad checks, fraud
Violent Criminal Offenses: Domestic violence, assault and battery, weapons crimes, robbery, arson
Other Criminal Matters: Bail Issues, vandalism, expungements, probation violations, hit and run, warrants and all criminal cases
Our criminal defense law firm is committed to the principle that every citizen facing the virtually infinite resources of the government in a state or federal prosecution deserves a zealous and competent defense. This defense may be based on effectively challenging physical evidence, forensic testing, accuracy of eyewitnesses, chemical testing results, law enforcement conduct and/or procedures and other defense strategies. We devote the full weight of our legal knowledge, investigative resources and persuasive advocacy to fighting for our clients’ future, freedom and reputation. State and federal prosecutors have law enforcement agencies, investigators and access to forensic testing that may be employed to deprive you of your liberty, so we are committed to safeguarding your constitutional rights and balancing the scales of justice. We force the state to prove every element of a crime beyond a reasonable doubt.
Whether you are facing misdemeanor or felony criminal charges or have been arrested for DUI/DWI, Carlsbad criminal defense lawyer David Boerjte provides a vigorous defense that may include but is not limited to the following:
- Filing motions for suppression of scientific evidence, illegally obtained physical evidence, witness testimony or other evidence to compromise the prosecutor’s case
- Use of polygraphist, ballistic experts, blood experts, chemist and other experts
- Preventing charges from being filed or seeking less serious or fewer charges
- Undertaking an investigation that may include use of experts or forensic investigators
- Highlighting inconsistencies, distortions and outright lies by the alleged victim, law enforcement officers or other witnesses
- Exposing unlawful searches and seeking exclusion of evidence obtained in such searches
While our law firm works diligently to provide a zealous defense, we also provide straight talk regarding the charges and potential penalties. People accused of serious criminal offenses need to have a realistic understanding of the potential consequences of a conviction and the various options available in terms of a plea bargain or their prospects at trial. Depending on the offense, a criminal conviction can lead to serious sentencing penalties that might include:
- Incarceration in county jail or state prison
- Heavy fines, penalty assessments and/or restitution to the victim
- Mandatory counseling, anger management, drug rehabilitation or other education programs
- Suspension or revocation of driving privileges
- Mandatory use of an ignition interlock device (IID)
- Sex offender registration
While these penalties can be harsh, they only tell part of the story if you are convicted of a criminal offense in Carlsbad. There are other long-term consequences that can impact a person’s future for decades after the terms of a formal sentence have been satisfied, especially in the case of a felony conviction, such as:
- Loss of certain constitutional rights to vote, serve on a jury or own a firearm
- Criminal record that is easily discovered by employers, landlords, nosey neighbors and others
- Potential obstacles in securing loans and financial aid for school
- Immigration consequences such as deportation, exclusion from re-entry or inability to obtain citizenship
- Barrier to entering certain state licensing occupations like real estate, car sales, stock broker
- Ineligibility for certain professional licensing including a law license
- Denial of admission or expulsion from college or graduate school
Our first priority at the Law Offices of David M. Boertje is to seek a dismissal of charges or an acquittal after trial when this is a viable alternative based on the facts and circumstances. When this is not an option, Mr. Boertje might seek alternative sentencing options like work furlough, community service, house arrest, rehabilitation or other strategies to mitigate the impact of your conviction. If you are charged with a felony, we build the strongest defense possible so that we are in a position to urge the prosecutor to charge a misdemeanor rather than felony with the goal of ultimately expunging the conviction to prevent future employers, universities and landlords from using the conviction to deny you opportunities to rebuild your life following a criminal conviction.
We invite you to visit us in our Carlsbad office so that we can evaluate your case, explain your rights and outline potential defense strategies. Our office is available and returns calls 24 hours/7 days per week. Call us today at (760) 476-0901 to arrange a free no obligation confidential consultation. You also can also submit an inquiry by completing the form on our Contact Us page or emailing us.