When you are arrested in North County, the shock can be a disturbing and upsetting experience. The decisions you make and legal representation you receive can have an enormous impact on your future. A misdemeanor conviction can result in a one year jail term and substantial fines. If you are charged with a felony, your exposure might include a lengthy term in state prison, more substantial fines and severe long-term consequences. North County criminal defense attorney David M. Boertje understands these high stakes and aggressively asserts his clients rights while providing a tenacious defense.
Mr. Boertje has extensive experience handling criminal and DUI cases throughout North County so he is familiar with the prosecutors, judges and local court nuances. A criminal conviction can have a far reaching impact on your life that extends far beyond the formal sentencing terms. Criminal convictions can adversely impact your current employment, future occupational and educational opportunities, custody or visitation of your children and rental housing alternatives. The ease and low cost of online background checks also means that virtually anyone can obtain information about your record of conviction.
Whether you were arrested for possession of drugs when driving home from the Del Mar Race Track or arrested for public intoxication at a local Carlsbad bar, your reputation, freedom, livelihood and financial security may be threatened. Mr. Boertje represents clients in cities and unincorporated areas throughout North County that include but are not limited to the following:
We recognize that those charged with a misdemeanor or felony in North County will have many questions so we have attempted to provide answer to some of the common questions we receive from those facing criminal prosecution. The information below is intended as general information and should not be construed as legal advice, so we invite you to contact David M. Boertje directly to schedule a free consultation if you want specific information about your case.
What if I have not decided that I want to hire a private criminal defense lawyer?There is absolutely no reason that you need to make a decision on whether to retain a particular attorney prior to scheduling a consultation. North County criminal defense lawyer David M. Boertje offers a free consultation so that you can ask questions, learn about your rights, discuss your case and obtain information about potential resolutions. A free consultation provides an opportunity for you to obtain information so that you can make an informed decision.
Can I just go to court and talk to the deputy district attorney or prosecutor if I am only charged with a misdemeanor? There is no question that the prosecutor will be more than willing to discuss the case with you directly. If you meet with the prosecutor without an attorney, there will be no one to prevent the prosecutor from trampling your constitutional rights. The prosecutor’s role is not to work in a cooperative fashion to reach an amicable resolution. Prosecutors will not watch out for your interests or legal rights. Further, any information you tell the prosecutor might be used later to obtain a conviction or more severe sentence. While misdemeanors are less serious than felonies, they can result in jail time of up to a year in county jail depending on the charge, so they cannot be taken lightly.
Why do I need a private attorney if I can qualify for a public defender?
Although public defenders may be both skilled and experienced, the public defender program operates under adverse financial constraints stemming from tight budgets. These financial obstacles often result in heavier caseloads with less time and financial resources to devote to each individual case.
Can I be arrested if the police officer does not have a warrant for my arrest?
A police officer may perform a lawful arrest without a warrant in a number of situations that include but are not limited to crimes committed in the officer’s presence; the officer has probable cause that an arrestee has committed a criminal offense; exigent circumstances (i.e. emergencies), and some other circumstances pursuant to the law.
Does a police officer have the authority to force an individual take a blood alcohol concentration (BAC) test of blood, urine or breath?
Breath tests are the most common form of BAC testing. While you have no legal obligation to take a roadside breath test administered with the portable breath testing device (preliminary alcohol screening device), your license can be suspended for one year or more for a refusal to participate in formal chemical testing of either a breath test or blood test, as well as cause additional punishment such as mandatory jail time. The one year license suspension imposed for violation of California’s Implied Consent law is an administrative penalty that is separate from your North County DUI criminal case. It is important to promptly request a hearing if you are arrested for DUI so that you can contest the driver’s license suspension. At the DMV administrative hearing, the officer must establish that there was probable cause to believe that you were driving under the influence and that you refused to submit to blood, breath or urine testing.
Will evidence obtained when my vehicle was searched be excluded from my case if I did not consent to the search?
While you should never consent to a search of your vehicle (person or home), the specific circumstances will dictate whether such a search results in suppression of evidence discovered during the search. The officer must have reasonable suspicion that you are engaged in criminal activity to pull you over. During the stop, the officer may or may not develop enough evidence to lawfully search your vehicle. However, the police can lawfully conduct an inventory search of your vehicle if you are arrested. The bottom line is that you should never consent to a search of your car even if it looks like the officer plans to search the vehicle without your consent.
David M. Boertje – North County DUI and Criminal Defense Law FirmWe recognize that you may have other questions if you are arrested for a crime in North County so we invite you to contact us to learn how we can help. David M Boertje works diligently to seek a not guilty verdict or dismissal of charges prior to trial. If this is not possible, he will pursue a plea bargain that results in a favorable outcome, which might include diversion, reduction in the charges and/or mitigation in sentencing. 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 North County, 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. North County San Diego criminal defense lawyer David M. Boertje can meet with you during regular 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 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.