Pacific Beach Criminal Defense Attorney & DUI Lawyer
Our Pacific Beach criminal defense law firm uses a team approach when defending individuals charged with misdemeanors and felonies. Our legal team combines the skills of experienced criminal defense attorneys, trained private investigators and forensic experts so that we can build a compelling defense that protects your future.
Our criminal defense lawyers do not view the specific charge levied against our clients as the paramount issue when crafting an effective defense because we are convinced that an unwavering defense that is meticulously crafted is more effective than a reactionary strategy. A criminal prosecution must be based on the evidence not allegations. Although we represent an impressive array of prominent clients, we view everyone we represent as high profile because a criminal prosecution can have a devastating impact on those who are convicted.
Whether you are facing a drug charge for possession with intent based on a search that found heroin, methamphetamine, marijuana, cocaine, ecstasy or prescription drugs, a violent crime or DUI, experienced criminal defense attorney David M. Boertje vigorously explores all procedural and substantive defenses so that he can pursue a verdict of not guilty or a dismissal of the charges. If he is retained before the prosecutor has filed formal charges, he may be able to negotiate a diversion option or persuade the prosecutor not to pursue the case. Mr. Boertje will explore police procedure to identify evidence obtained illegally, gaps in the evidence and other weaknesses in the prosecutor’s case that may discourage the district attorney from filing charges recommended by the arresting officer.Zealous Criminal Defense to the Full Spectrum of Criminal Charges in Pacific Beach
Our Pacific Beach criminal defense law firm defends clients against the full spectrum of offenses including serious traffic violations, misdemeanors and felonies. Some of the types of criminal offenses for which we provide a vigorous defense include:
Drug Offenses: Criminal defense attorney David M. Boertje has vast experience representing individuals charged with drug crimes from simple possession to felony drug trafficking cases in both state and federal court. We defend clients charged with drug charges related to the full array of unlawful narcotics and charges that include possession, manufacturing, narcotic sales and trafficking. Although law enforcement agencies take the war on drugs very seriously, we recognize that there are many people struggling to overcome drug addiction for whom rehabilitation is a more suitable alternative than incarceration. While fighting to exonerate you from drug charges, we also explore diversion options like drug court, PC 36 and PC 1000. Drug crimes are often built on unlawful searches that turn up cash, narcotics or paraphernalia, Mr. Boertje routinely files a motion to suppress evidence when the police violate Fourth Amendment protections against unreasonable search and seizure.
Sex Crimes: When you are accused of rape, child molestation, child pornography, internet solicitation of a child or other sex crimes, these offenses can carry both lengthy periods of incarceration and penalties that brand you forever. If you are ordered to register as a sex offender because you are conviction of a sex crime, the stigma can impact where you can live, work, visit and travel throughout your lifetime. California communities are increasingly passing laws that provide harsh special restrictions that intensify the impact on registered sex offenders. We know that many times allegations involving sexual offenses are the product of a complaining witnesses attempt to gain an advantage in a family law case or regret after a casual consensual encounter. Our law firm carefully evaluates the physical evidence and conducts an investigation to expose issues of credibility of the complaining witness.
Violent Crimes: If you are charged with murder, manslaughter, armed robbery, arson, kidnapping or other violent offenses, you may face some of the most serious penalties under California criminal law that might include lengthy terms in state prison or even the death penalty. The most serious criminal offenses require equally serious defense strategies that entail examining witness statements, police reports, physical evidence, expert testimoney and law enforcement procedure to mount the most effective defense strategy.
White Collar Crimes: When a respected professional is charged with a white collar crime like embezzlement, fraud, tax evasion, securities violations, money laundering or similar financial crimes, the outcome of the case can deprive you of your freedom and derail a successful career built on many years of higher education and experience. Our law firm understands that the potential consequences to your career, financial stability and reputation can be as disturbing as the threat of incarceration. We have the legal experience and background to untangle complex financial transactions while seeking to protect your future.
Driving Under the Influence/Driving While Intoxicated (DUI/DWI): If you are arrested for DUI after a night at a college party or at a bar or restaurant on Garnet Avenue, you can face time in county jail, suspension of your driver’s license, mandatory substance abuse classes, community service hours, probation and other penalties. While you should never consent to participate in field sobriety tests (FSTs), we know how to effectively attack such evidence. An individual might perform poorly in FST testing because of illness, lack of coordination, physical injury, inappropriate clothing/footwear or other adverse circumstances.
Similarly, portable breath testing comes in a voluntary form before an arrest – Preliminary Alcohol Screening (PAS) and an involuntary form that is covered by California’s Implied Consent Law following arrest. These roadside breath tests are not always particularly accurate so you need an experienced Pacific Beach DUI lawyer like Mr. Boertje who knows how to challenge these breath test results.
The police officer may also offer personal observations during a traffic stop that include red watery eyes, the odor of alcohol on one’s breath, slurred speech and lack of coordination. These physical traits may have more to do with an illness, fatigue or injury than alcohol consumption. Further, the odor of alcohol does not necessarily indicate criminal activity because it is not illegal to consume alcohol prior to driving unless you exceed the legal threshold of .08 percent, or your actual driving abilities are impaired. Mr. Boertje challenges police officer testimony, chemical testing, field sobriety testing and other evidence to obtain reduced charges such as a reduction to a “wet reckless” which is less serious than DUI or to seek exoneration from the charge.Fighting for the Future of the Criminal Accused – Established Pacific Beach Criminal Lawyer
If you or a loved one has been arrested in Pacific 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. Pacific Beach criminal defense lawyer David M. Boertje can meet with you during regular business hours or also on weekends or evenings if necessary 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.