Coronado Criminal Defense Attorney & DUI Lawyer

Whether you have been stopped by a police officer after have had one too many at a Coronado bar or you have been arrested following a domestic altercation with your spouse, the prospect of criminal charges that lead to a misdemeanor or felony conviction can suddenly cast a veil of uncertainty over your future. Whether you have learned that you are the subject of an investigation by a law enforcement agency or have been taken into custody, the most prudent course of action is to immediately seek legal advice and representation from an experienced Coronado criminal defense attorney. Coronado criminal defense lawyer David M. Boertje provides the experience, legal knowledge and tenacious advocacy to present an effective defense for his clients.

While you are required to provide identification like a driver’s license if you are pulled over or stopped on the street by a police officer, you should avoid answering questions and ask if you are free to go. It is never a good idea to answer questions posed by police officers without an experienced Coronado criminal lawyer to protect your interest and control the scope of the interaction. Although it can be intimidating to confront a uniformed officer with a gun, uniform and the power of arrest during a DUI stop or other face to face confrontation. This natural feeling of intimidation can motivate a person to cooperate by answering questions, consenting to searches or agreeing to provide DNA samples. Despite what the officer may tell you regarding the benefits of “explaining your side of the story” or “showing you have nothing to hide”, the best thing you can do is to firmly but politely “just say no.” There is no benefit to being rude or disrespectful, but you should clearly articulate your right to remain silent until you have a Coronado criminal defense attorney by your side.

If you are arrested in Coronado or the surrounding areas of Southern California, all crimes are divided into a number of classifications that include infractions, misdemeanors, felonies and wobblers. Infractions are minor violations that are punishable by a small fine. Most traffic tickets such as citations for running a red light and speeding constitute infractions. However, more serious driving offenses like DUI/DWI are misdemeanors, which are more serious because they can result in jail time and other penalties that do not apply to infractions. If you drive a tractor-trailer, armored truck, bus or other form of commercial vehicle, you may want an attorney because a conviction could jeopardize your job. Additionally some infractions may carry consequences of a license suspension, and a lawyer may be able to help you save your driving privilege.

A misdemeanor is much more serious than an infraction because it can result in a jail term of up to one year in county jail. If you are convicted of a misdemeanor that occurred in Coronado, you also may be subject to other penalties like a fine of up to $1000.00 plus additional penalty assessments that can substantially increase the actual fine amount, community services, public work service, house arrest, probation and restitution. Because the punishment for a misdemeanor conviction can mean incarceration, you are entitled to a jury trial, and indigent defendants have a right to have an attorney at government expense if they cannot afford a retained lawyer. Examples of misdemeanors include:

• Petty Theft
• Public Intoxication
• Driving on a suspended license
• DUI (first, second and third offenses)
• Domestic battery

Many people underestimate the serious nature of a misdemeanor. If you are convicted of a DUI, you may be forced to surrender your driving privileges and/or compelled to have an ignition interlock device installed on your vehicle, as well as possible jail time. A domestic violence conviction can result in restraining orders that may impact your interactions with your family and impair your custody and visitation rights during a divorce or child custody dispute.

If you are charged with a misdemeanor arising out of an arrest in Coronado, it is important to seek legal advice promptly because your freedom is at-risk. Further, a conviction of a misdemeanor is a matter of public record that can easily be discovered by future employers, landlords and others with a simple public records check.

Felonies constitute the most serious criminal offenses under California law with penalties that may include lengthy terms in state prison (including life imprisonment) as well as the death penalty. The most severe form of felonies are felony strikes, which are also called serious felonies and/or violent felonies. There are also crimes called “straight felonies” because these offense cannot be charged as a misdemeanor or reduced to a misdemeanor, as they can only be charged as felonies. Straight felonies include offenses like rape and murder. However, many non-violent offenses like possession of a controlled substance for sale also may constitute straight felonies. Because felonies can result in serious long-term consequences that include disqualification from certain occupations and professions, loss of constitutional rights, lifetime registration as a sex offender, a permanent record as a felony offender, ineligibility for designated immigration benefits and other lingering consequences, we work diligently to defend your rights and protect you from other consequences that can adversely impact your future.

The term “wobbler” refers to offenses that provide the prosecutor with discretion to charge crimes as a misdemeanor or felony. The decision about how to charge the offense will be based on a variety of factors including the underlying facts, degree of harm/injury, prior criminal record and more. Many times Mr. Boertje can challenge the sufficiency or veracity of the evidence during the investigative stage of a criminal case so that the prosecutor charges a misdemeanor instead of a felony.

While law enforcement agencies and prosecutors have a significant arsenal of prosecutorial weapons and extensive experience when pursuing a criminal conviction, experienced Coronado criminal defense lawyer David M. Boertje can significantly balance the scales of justice. Mr. Boertje works diligently to attack the government’s evidence, expose improper police procedure and obtain the best possible outcome for his clients. While the specific defenses that our Coronado criminal defense law firm will utilize to fight for you will depend on the specific facts of your case, some defenses that we employ include:

• Attacking the reliability and validity of scientific evidence
• Exposing bias or other credibility issues involving witnesses
• Demonstrating the lack of accuracy of eyewitness identification
• Filing pre-trial motions to have illegally obtained or unfairly prejudicial evidence excluded
• Effective cross-examination of witnesses
• Exposing unlawful or inappropriate conduct by police officers and/or prosecutors
• Demonstrating that the prosecutor has failed to prove every element of the offense beyond a reasonable doubt
• Exposing contamination or mishandling of evidence
• Revealing breaks in the chain of custody of evidence

These only constitute a small sampling of defenses that we may employ in a felony or misdemeanor criminal case, so the best way to learn about the defenses that may be available in your situation is to schedule a free consultation with Coronado criminal defense lawyer David M. Boertje.

Coronado criminal defense lawyer David M. Boertje meticulously investigates the facts, analyzes witness testimony, develops applicable defenses and utilizes compelling advocacy to defend the liberty and future of his clients. We develop appropriate litigation strategies based on the facts, which may involve use of forensic testing, private investigators, expert witnesses and state of the art courtroom technology to build a persuasive defense to misdemeanor or felony charges. Our initial goal is to seek a dismissal of the charges, hung jury or a “not guilty” verdict where these are realistic options. We also investigate potential plea bargains that might include options like diversion, house arrest, community service, drug court, probation and other alternative sentencing options. We carefully lay out potential objectives so that you can make informed decisions.

We invite you to visit us in our San Diego office which is just minutes from Coronado so that we can evaluate your case, explain your rights and outline potential defense strategies. We can meet with you on weekends or evenings if necessary 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.