Point Loma Criminal Defense Attorney & DUI Lawyer

Upholding and Defending Your Rights—Point Loma Criminal and DUI Attorney

Whether you are arrested in our seaside community of Point Loma while vacationing, visiting a family member in the armed forces or driving home from work, there are few experiences as disquieting and disruptive as being charged with a crime. The San Diego law enforcement authorities and prosecutors who pursue criminal cases based on offenses allegedly committed in the Point Loma area have experience and access to resources on their side. The best way to protect your rights and balance the scales of justice is to retain an experienced Point Loma criminal defense attorney. Point Loma criminal defense attorney David M. Boertje aggressively defends the rights and future of his clients by scrutinizing law enforcement procedure, re-evaluating evidence, exploring witness credibility, analyzing chemical testing and/or scientific evidence and other appropriate strategies.

Arrested for a Felony or Misdemeanor in Point Loma

Whether you are charged with a misdemeanor or a felony, a conviction could result in your incarceration. A misdemeanor conviction in Point Loma may carry a maximum sentence of up to one year in county jail depending on the offense. If you are convicted of a felony, you could face a lengthy term of confinement in state prison. Point Loma criminal convictions can have a devastating impact on your life because of potential penalties and consequences like the following:

  • Confinement in state prison or county jail
  • Fines, restitution, penalty assessments and other costs
  • Record of your felony or misdemeanor conviction
  • Required completion of anger management classes, drug rehabilitation programs, AA and similar programs
  • Ineligibility for certain occupations requiring professional licenses or state occupational licenses
  • Loss of the 2nd Amendment right to own or possess a firearm
  • Restraining orders that limit your contact with significant others as well as access to your children
  • Revocation or suspension of your California Driver’s License
  • Mandatory installation of an Ignition Interlock Device (IID)
  • Seizure of assets acquired by use of illegally obtained funds
  • Limitations on access to immigration benefits and restrictions
  • Disqualification for access to some types of financial aid and other loans
  • Loss or impairment of certain rights
  • Sex offender registration

This is hardly a comprehensive list of all of the potential punishments and adverse consequences that might be imposed if you are convicted of a criminal offense. However, these examples clearly reinforce the importance of obtaining an experienced Point Loma criminal defense attorney. The criminal lawyer can also explain which specific sentencing terms and consequences that might be imposed in your case.

How Our Point Loma Criminal Defense Law Firm Can Help

Because Point Loma criminal defense lawyer David M. Boertje has handled the full spectrum of criminal cases in the San Diego area from serious traffic offenses to major felonies, he has the knowledge, experience and resources to fight for a dismissal or not guilty verdict. This process begins from the inception of the attorney-client relationship, so the sooner you retain our office the sooner we can begin building your defense.

While some clients released on bail or their own recognizance (O.R.) take a wait and see approach to determine if charges are filed, Mr. Boertje takes an aggressive approach in challenging the prosecutor’s office even before clients are charged. If evidence was obtained through an unlawful search or a DUI blood test sample was not properly handled, we may expose such weaknesses in the prosecution’s case. Sometimes these efforts to expose deficiencies in the prosecution’s case are so effective that prosecutor decides not to move forward with criminal charges. In other cases, we can discourage the prosecutor from engaging in the common practice of “overcharging” a case by filing too serious charges or too many charges. This type of early intervention can prove valuable during subsequent negotiations regarding potential plea bargains.

Mr. Boertje also uses forensic experts, medical experts, psychological experts, private investigators and others when crafting an effective criminal defense strategy. We use pre-trial motions that include motions in limine and motions to suppress evidence to keep out critical evidence when officers trample the Fourth Amendment right against unreasonable search and seizure, Miranda rights of the accused and other rights guaranteed by state and federal law.

We are frequently able to use such strategies to get charges dismissed or avoid formal charges against our clients, as well as negotiate very favorable plea agreements, so most criminal cases will end prior to trial. Our aggressive approach during the investigation and pre-trial phases of a criminal cases often motivates prosecutors to agree to plea agreements that represent positive outcomes for our clients. Whether we are negotiating for diversion options, reduced sentencing or less serious charges, our goal is to diligently pursue an outcome that will protect our clients’ future, freedom and reputation.

What You Should Do Following an Arrest in Point Loma

The flashing lights of a police car, intimidating demeanor of an arresting officer and oppressive environment of a police station constitute an extremely compelling environment. Many people feel like they have no alternative other than to consent to searches and answer questions posed by the police or detectives. Despite the intimidating circumstances, the decision to cooperate with the police can mean the difference between many years behind bars and your freedom. If you are arrested by a law enforcement officer, you should do the following:

Rule No. 1 Do Not Talk: While you are required to provide your identification, you are not required to answer questions about other matter like your activities, prior location or activities. The officer is not asking you questions so that he can “clear up a misunderstanding” and send you home. The goal is to obtain damaging or inconsistent statements or an outright confession. The line heard often on police procedural television is completely accurate, “Anything you say can and will be used against you.” Although you are required to provide basic information, such as your name, date of birth, etc., you are not required to answer any investigative questions relating to any criminal actions as you have an absolute right against self-incrimination under the 5th amendment of the U.S. Constitution.

Rule No. 2 Ask for an Attorney: The one exception to the rule above is that you should clearly and unambiguously ask for an attorney. The officer may continue to engage you in a discussion or suggest that you do not need a lawyer if you did nothing wrong. However, these are nothing more than interrogation techniques designed to get you to forgo your legal rights. You have an absolute right to have an attorney present during any questioning, and you should insist this happen before you answer any questions.

Rule 3 Never Consent to a Search: The Fourth Amendment protects citizens against unreasonable search and seizure. You should never give consent to a search of your home, business, vehicles or person. This does not mean that the police will not conduct a search, but your consent can cure defects that would otherwise make a search illegal. If the officer has a search warrant, then they will do the search regardless. However, if asked by an officer whether you consent to a search, you should never give them your permission.

Passionate Advocacy against the Power of the State – Established Point Loma Criminal Law Firm

If you or a loved one has been arrested in Point Loma, 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. Point Loma criminal defense lawyer David M. Boertje can meet with you during regular business hours as well as on weekends or evenings and our office is available 24 hours/7 days per week. Call us today at (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.