Mission Beach Criminal Defense Attorney and DUI Lawyer

If you are accused of a misdemeanor or felony and/or arrested in Mission Beach or the surrounding areas, you may be understandably confused and frightened about your future and the well-being of your family. Most people are well aware of the Miranda warning, which provides an advisement of the right to counsel and right against self-incrimination. Nonetheless, some people are hesitant to assert these rights when questioned by armed police officers who will determine whether the person being questioned will go home or go to jail. Despite the intimidating nature of an arrest or criminal investigation, you should politely state “I want a lawyer” if you are questioned by the police. Mission Beach criminal defense attorney David M. Boertje does not wait for a formal arrest or a court hearing to begin defending his clients and neither should you.

Law enforcement officers are specially trained in the process of interrogating witnesses, gathering evidence and investigating criminal conduct. The vast majority of people convicted of misdemeanors like DUI and driving without a license or felonies like forcible rape or armed robbery furnish the prosecutor with the critical evidence that results in their conviction. This evidence may be a confession, incriminating statement or physical evidence obtained in a search. The rights of the accused and limitations on law enforcement overreaching may be bent or disregarded when you are not protected by an experienced Mission Beach criminal defense lawyer. Similarly, innocent statements might be misconstrued or distorted to justify a search that otherwise would be illegal or to provide probable cause for an arrest. IF YOU ARE ACCUSED OF A CRIME OR ARRESTED, YOU SHOULD POLITELY DECLINE TO ANSWER QUESTIONS UNTIL A LAWYER IS PRESENT.

Mission Beach criminal defense attorney David M. Boertje recognizes the enormous inequality of power and litigation resources in the California criminal justice system. When you are charged with a criminal offense in Mission Beach, the state and federal government have the benefit of experienced prosecutors, law enforcement agents, massive financial resources, forensic experts and sophisticated crime labs. If you retain Mr. Boertje, you effectively balance the scales of justice by putting a proven criminal defense law firm with a reputation for tenaciously fighting for the rights of the criminally accused on your side. A criminal conviction can have a dramatic impact on an individual that may include:

• Incarceration in county jail or a state correctional facility
• Fines, penalty assessments, administrative fees and other expenses
• Required completion of counseling, rehabilitation or classes
• Restrictions on where you can live or travel
• Registration as a sex offender accessible to the public on Megan’s law website
• Restraining orders that can impair personal relationships as well as access to your children
• Submission to random drug tests and searches without probable cause
• Loss of the right to own or possess a firearm
• Mandatory installation of ignition interlock device (DUI cases)
• Suspension or revocation of your driver’s license
• Adverse immigration consequences
• Forfeiture of jury service and voting rights
• Criminal record accessible through a simply online background search

If you are facing some or all of these life-altering consequences, the skill and experience of the Mission Beach criminal lawyer who represents you can significantly improve your prospects of avoiding a conviction or mitigating the charges or punishment. Even if you qualify for a public defender or conflict attorney, there are important reasons to obtain a private criminal attorney. While public defenders are generally competent and conscientious, they typically must allocate their time between more clients despite access to less expansive financial resources for experts and forensic testing.

If you are arrested by a police officer or other law enforcement officer, the police officer will forward the police report to the district attorney’s office where a decision will be made on whether to bring formal charges as well as the nature of any such charges. If you are charged with a misdemeanor, this type of criminal offense can carry up to a maximum punishment of a year in county jail and maximum $1,000 fine. Felony convictions can carry far more serious penalties of up to life in prison or death along with more exorbitant fines. Some of the misdemeanor and felony criminal offenses for which we provide legal representation include:

• Sex Offenses
• Kidnapping
• Assault
• White Collar Crimes
• Defense to Elder Abuse
• Juvenile Crimes
• Driving on a Suspended License
• White Collar Offenses
• Three Strikes Defense
• Internet Sex Crimes
• DUI/DWI Defense
• Driving without a Driver’s License
• Arson
• DMV DUI Administrative Hearings
• Drug Crimes
• Homicide
• Probation/Parole Violations
• Gang Related Crimes
• Vehicular Manslaughter
• Prescription Drug Fraud
• Reckless Driving

Mission Beach criminal defense lawyer David M. Boertje routinely utilizes private investigators, forensics experts and a thorough knowledge of the law when analyzing substantive facts and police procedure. We frequently file pre-trial motions seeking to exclude evidence like drugs obtained as the result of an unlawful search under the Fourth Amendment. We also file motions to exclude evidence that does not have sufficient probative value to outweigh its unfair prejudicial impact. The goal of these types of pre-trial motions is to suppress evidence which can significantly undermine the prosecutor’s case and result in a dismissal or favorable plea agreement.

If the prosecutor will not agree to an acceptable plea bargain prior to trial, we are prepared to provide compelling advocacy in the courtroom. From jury selection (“voir dire”) through the conclusion of a criminal case, we construct the most effective defense possible based on the facts and law while aggressively cross-examining police officers and other prosecution witnesses. We may expose faulty witness identifications, bias and other issues related to the credibility of witnesses. These efforts are augmented by exposing problems that compromise scientific or physical evidence. We often use forensic, scientific or medical experts to attack the reliability of the prosecutor’s evidence or to present persuasive evidence supporting our defense.

We construct our defense to fit the specific circumstances of your situation, so you should call us as soon as you know that you are the subject of a law enforcement investigation. If you or a loved one has been arrested in Mission Beach, 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. Mission Beach criminal defense lawyer David M. Boertje can meet with you on weekends or evenings 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.