Mira Mesa Criminal Defense Attorney & DUI Lawyer
If you have been arrested and charged with a crime in Mira Mesa or other parts of San Diego County, we know that you probably have serious concerns about your future. Mira Mesa criminal defense lawyer David M. Boertje can help demystify the criminal justice process while zealously asserting your rights and advocating for a dismissal of the charges or acquittal after trial. When you have the full power of the government focused on depriving you of your freedom, including law enforcement agencies and prosecutors, the experience can be overwhelming. When you enter the courtroom with an experienced and proven Mira Mesa criminal lawyer from our law firm, you can have confidence that we will exhaust possible defenses, explore plea bargains involving diversion and prepare a compelling case for trial.David M. Boertje Provides Early Intervention Not a Wait and See Approach
We recognize the stress and anxiety that occurs when people find that they are shackled in handcuffs in the back of a police squad car or locked in a steel cage at the county jail house. Sometimes we are retained prior to a formal arrest or the filing of criminal charges. When we are retained at this pre-charge investigation stage of the proceedings, Mr. Boertje often pursues a variety of options depending on the facts of the case:
- Highlighting weaknesses in the prosecution’s case to discourage filing formal charges
- Discouraging the prosecutor from overcharging the case by filing more serious charges or a higher number of charges than the evidence supports
- Exposing police misconduct and illegally obtained evidence to mitigate any formal charges
- Analyzing law enforcement reports for procedural and evidentiary issues
- Utilizing experts in ballistics, chemistry, eyewitness identification, biometric identification, blood spatter, computer forensics, DUI field sobriety testing, DNA analysis, blood alcohol testing, forensic accounting, forensic pathology, forensic psychiatry or other areas of specialized knowledge to impact the charging decision.
We know that if you have been arrested in Mira Mesa, you may be uncertain about how to best safeguard your rights and avoid compromising your defenses to the charges. Our criminal defense law firm serving the Mira Mesa area has provided a number of suggestions:
Stop Talking: When you are scared and desperate to go home, a desire often exists to try to explain away the problem so that you will be released. In most cases, one of two situations exist that both warrant not speaking with the officer. The police officer or detective might already have probable cause for arrest but elect not to formally arrest you in the hope that you will confess to the charges or make incriminating statements rather than request a lawyer. Alternatively, the police may lack sufficient evidence to constitute probable cause for an arrest. In this situation, the officer is counting on you providing information or damaging statements that justify a lawful arrest. The best course of action in either situation is to immediately stop talking!
Request Legal Counsel: Whether you are talking to a police officer in the wake of a DUI arrest or a detective in an interrogation room at the jail, you are at a distinct disadvantage without a Mira Mesa criminal defense lawyer. The police often try to maximize the evidence obtained prior to suspects asserting their constitutional right to an attorney, requests for consent to conduct a search or questions designed to obtain damaging admissions. The police may use psychological pressure, misrepresentation of existing evidence or outright lies to trick you into an ill-advised decision, so you need someone protecting your best interest as soon as possible.
Do Not Admit Potentially Criminal Conduct: Sometimes people who watch police dramas accept the notion that being honest and admitting a mistake to the police will ensure a better outcome. When you confirm or admit engaging in certain conduct that may or may not constitute a criminal offense, you make the defense of your case far more complicated. Even if you are unsure that the conduct constitutes a crime, you should allow your attorney decide how to respond. If you admit engaging in conduct to which criminal culpability attaches, the chances of conviction increase dramatically and less favorable plea bargain terms will be offered because your statement may furnish the prosecutor with a strong case.
Withhold Consent to Searches: Citizens have a Fourth Amendment right to be protected from unreasonable search and seizures. Further, warrantless searches are presumptively unreasonable though there are many exceptions to the warrant requirement. Many searches are unlawful because the evidence used to obtain the warrant was inadequate, terms of the warrant are ambiguous or the execution of the warrant is improper. If a search is unlawful, we might be able to have all of the evidence obtained during the search excluded from your case. When a criminal defendant provides consent, this can essentially cure any defects in terms of probable cause, the terms of the warrant and warrant application or execution of the search.What Legal Defenses and Strategies Might Mr. Boertje Use to Protect My Future
Because Mira Mesa criminal defense attorney David M. Boertje handles all criminal cases from serious traffic offenses to capital felonies, he has the experience, skill and reputation to provide an effective defense to all types of criminal charges. Some of the criminal cases we handle include:
- Hit & run
- Driving without a license/driving on a suspended License
- Domestic violence (restraining orders)
- Drug charges ranging from simple possession to trafficking
- Child pornography
- Driving under the influence (DUI)
- DUI drugs
- Vehicular manslaughter
- Petty Theft Shoplifting
- White Collar/financial crimes
- Reckless driving
- Firearms and weapons charges
- Probation and parole violations
Mr. Boertje works with investigators and experts to develop a persuasive defense with the objective of obtaining a not guilty verdict, diversion or dismissal of the charges. During the process of seeking to exonerate our clients, we also explore favorable plea agreements so that we can obtain a positive outcome. While the specific types of defenses that Mr. Boertje might assert in your case will depend on the facts, some common examples of successful defenses in past cases include:
- Failure to prove guilt beyond a reasonable doubt
- Lack of witness credibility
- Lack of mental state (specific intent) to commit the crime
- Motions to exclude illegally obtained evidence
- Mishandling or contamination of DNA evidence, DUI blood samples or breath testing device
We offer a free consultation so that we can evaluate your criminal case and determine specific defenses that might be available to you. When you are facing the threat of county jail time, imprisonment, huge fines, mandatory education and/or counseling programs, restraining orders, sex offender registration, a criminal record, probation and other penalties associated with misdemeanors or felonies in Mira Mesa, we leave no stone unturned when seeking to protect your future.Diligent Mira Mesa Criminal Defense Lawyer to Fight for You!
If you or a loved one has been arrested in Mira Mesa, 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. Mira Mesa criminal defense lawyer David M. Boertje can meet with you during regular business hours or also on weekends or evenings and returns calls 24 hours/7 days per week. Call us today at (619) 229-1870 or (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.