Encinitas Criminal Defense Attorney & DUI Lawyer

When you have been arrested and/or charged with a misdemeanor or felony, your liberty, reputation and future may depend on the expertise, skill and tenacity of the experienced criminal defense attorney that represents you. A criminal conviction can adversely impact many areas of your life, including your financial well-being, career path, personal relationships, standing in the community and freedom. As a criminal law firm that serves the Encinitas area and has represented many clients from Encinitas, we understand the high stakes that you face when your future is clouded by the scrutiny of a criminal investigation and the specter of a criminal prosecution.

Encinitas criminal defense attorney David M. Boertje understand the apprehension that those confronted by criminal charges endure so he is committed to explaining the process, keeping his clients reasonably informed and diligently fighting for their future. Mr. Boertje provides legal representation in the full range of criminal cases ranging from misdemeanors to serious felonies. We use private investigators, forensics experts, state of the art litigation technology, scrutiny of the facts, diligent legal research and tenacious advocacy. We provide zealous representation in defense of the rights, freedom and future of our clients. While our objective is to obtain dismissal of the charges or a not guilty verdict or hung jury, we also pursue plea bargain negotiations to obtain the best possible outcome for our clients.

As a criminal law firm that has represented many Encinitas clients accused of crimes, we provide aggressive criminal defense for the full spectrum of criminal offenses, including but not limited to the following:

• Homicide/Murder
• Vehicular Manslaughter
• Domestic Violence
• Drug Crimes
• Theft Offenses
• White Collar Crimes
• Sex Crimes
• Violent Offenses
• Three Strikes
• Capital Offenses
• Domestic Assault and Battery
• Juvenile Offenses
• DUI/DWI
• Traffic Offenses
• Driving without a License
• Driving on a Suspended License
• Probation Violations
• Post-Conviction Matters

While it is natural to be stressed and uncertain about how to proceed if you are stopped and/or arrested, the actions you take and statements you make when confronted by a police officer can dramatically impact the outcome of your criminal case. The county jails and state prisons in California are overflowing with individuals who failed to assert their rights or made ill-advised decisions to cooperate with police officers or detectives. Whether you are stopped on the street, pulled over when driving or taken into custody at your home or workplace, you can improve the prospective outcome of your criminal case by taking the following actions:

1. Do Not Speak to Police without a Lawyer: Confrontations with police officers can be intimidating. While it may be tempting to assume that you might be released from custody if you are cooperative, the exact opposite is true. Police officers and detectives usually have a substantial amount of experience conducting interviews designed to yield conflicting statements, confessions and damaging admissions. If you are arrested by a police officer, you should assert your right to have a criminal lawyer present and decline to answer any questions.

2. Retain a Criminal Defense Attorney: A criminal defense attorney can protect your interest during all stages of a criminal case from the investigation phase to post-trial proceedings. You have powerful rights that can protect you during the criminal process, and an experienced Encinitas criminal defense lawyer will understand how to maximize these protections to achieve the best possible outcome in your case.

3. Do Not Consent to a Search: The police may conduct a search if they have a valid warrant or an applicable exception to the warrant requirement exists. However, a search that is unlawful may justify a suppression motion to exclude not only the illegally obtained evidence but other evidence that was found as a result of the illegally obtained evidence as “fruit of the poisonous tree.” Many searches are defective because of the lack of a warrant, searches that exceed the scope of a warrant, insufficient evidence to constitute probable cause and other reasons. If you provide your consent to the search, this may waive your right to assert these defects as a defense.

Public Defender vs. Private Criminal Defense Attorney

Many people presume that there is no need to retain a private criminal defense attorney because they can rely on the public defender. While an indigent defendant may have no alternative, there are advantages to having a private attorney that include:

• Availability: Public defenders generally have heavy caseloads that can preclude meeting with you to answer questions and discuss your case. These client-attorney meetings often must occur in the hallways of the courthouse prior to a hearing. David M. Boertje limits his caseload so that he has time to answer questions and keep his clients apprised regarding the progress of their criminal case. We attempt to respond to emails and telephone calls the same day or by the next day.
• Resources: When you are represented by the public defender, there may be limitations to the types of scientific testing that is financially viable. While Mr. Boertje understands that we need to be prudent when incurring costs to keep your defense affordable, we are prepared to use experts, scientific testing and other types of technology that provide the best chance of protecting your reputation and keeping you out of jail.
• Trial Readiness: As the vast majority of criminal cases end with a plea bargain, Mr. Boertje is firmly committed to the proposition that being thorough prior to and at the readiness conferences creates the most desirable environment for negotiating a favorable plea agreement. The massive number of files handled by public defenders can create pressure to settle cases early. By contrast, we prepare our cases as if it will be going to trial which maximizes the effectiveness of the negotiations.

Pre-Charge Intervention/Avoiding Criminal Charges

When Mr. Boertje is retained before criminal charges have been filed, he works diligently to narrow the scope of the investigation and influence the prosecutor’s charging decisions. Mr. Boertje challenges searches, protects a client’s rights during questioning, conducts independent testing/examination of forensic evidence and engages in other strategies to weaken the prosecutor’s case prior to the filing of formal charges. These strategies may result in fewer or less serious charges being filed in a criminal case. Sometimes we are able to prevent any formal charges from being filed or negotiate diversion.

Tenacious Negotiation and Representation

Whether Mr. Boertje is negotiating with the district attorney or representing you at trial, he uses all appropriate procedural and substantive defenses to obtain the best possible result. Some of the defenses that he might employ include:

• Filing pre-trial motions like Motions to Suppress Evidence or Motions in Limine
• Objecting to the legal sufficiency of evidence justifying a stop or arrest
• Attacking the reliability and credibility of witnesses
• Exposing Miranda violations or involuntary confessions
• Conducting forensic testing
• Revealing contamination or mishandling of physical evidence
• Challenging illegal search and seizures
• Arguing the prosecutor has failed to meet the prosecution’s burden of proof

While the specific defenses that may be available when you are facing criminal charges in Encinitas, these are just a few of the many defenses that we might employ when fighting for your reputation and freedom. If you are charged with a misdemeanor or felony, you can face some or all of the following:

• Incarceration in jail/prison
• Fines, penalty assessments, restitution other costs
• Mandatory participation in counseling, AA, drug rehabilitation or anger management classes
• Suspension/revocation of driver’s license
• Forfeiture of certain constitutional rights
• Probation
• Damage to your reputation
• Loss of some immigration benefits
• Disqualification for certain types of employment
• Housing restrictions
• Mandatory sex offender registration

If you or a loved one has been arrested, we invite you to contact us to discuss your case. If you call, email or visit us, we can evaluate your case, explain your rights and outline potential defense strategies. Encinitas criminal defense attorney David M. Boertje can meet with you during normal business hours, as well as on weekends or evenings and returns calls 24 hours/7 days per week. Call us today at (760) 476-0901 or (619) 229-1870 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.