La Jolla Criminal Defense Attorney & DUI Lawyer

La Jolla criminal defense attorney David M. Boertje is well aware that people who are arrested typically cope with a wide range of emotions that include fear, anxiety, sadness and anger. These overwhelming emotions can paralyze people so that they make ill-advised decisions like trying to explain their side of the story or agreeing to allow police to search their home. Those of us fortunate enough to enjoy the exceptionally low crime rate and affluent lifestyle La Jolla can offer still find the police knocking at our door with a search warrant or pulling over our vehicle after drinking at a beachfront restaurant. While violent crime is extremely rare in our community, arrests for theft crimes, domestic violence, DUI/DWI and similar offenses can occur in La Jolla just like other cities in and around the greater San Diego area.

La Jolla criminal defense attorney David M. Boertje has successfully built a professional reputation for providing tenacious advocacy with the skill, knowledge and experience to get results. Mr. Boertje is prepared to fiercely represent his clients during plea discussions, trial and/or appeal. We understand that criminal proceedings can threaten your reputation, career and future, so we immediately explore viable defenses, analyze law enforcement reports and documents, review witness statements, coordinate with forensic experts and engage in other activity to construct a compelling case for dismissal or an acquittal. While we frequently are able to obtain diversion or other desirable plea bargain terms prior to trial, Mr. Boertje firmly believes that the best plea agreements occur when a case is diligently prepared for a successful negotiations or for trial. This permits our La Jolla criminal defense law firm to negotiate during plea bargain discussions from a position of strength.

Although an arrest will not constitute a first contact with the criminal justice system for many people, there are a fair number of people arrested in La Jolla who are accused of a first offense for spousal battery, driving under the influence, fraud or other criminal offenses. While state and federal laws can provide formidable protections to those accused of crimes, law enforcement agencies count on the fact that many people are unaware of these rights or that suspects base their understanding of criminal proceedings on depictions in television or movies. We know that one of the most powerful weapons available to those charged with a crime in La Jolla is knowledge of their rights, the law and the criminal process. Admittedly, the best way to learn about then rights of the criminally accused, available defenses and the criminal justice system is to speak with a criminal attorney in La Jolla, but we have provided some information to dispel common misconceptions.

There is no need for a private La Jolla criminal defense lawyer because I can use the services of a court appointed attorney.

Income Qualification: The first issue to keep in mind is that many people do not qualify for a public defender or conflict panel attorney because there are strict income qualifications. Essentially, court appointed lawyers are only available to indigent defendants.

Time Limitations: The negative image of public defenders often presented by the media as criminal defense attorneys of last resort is unjustified. However, court appointed attorneys do face a number of limitations that do not impede private criminal defense lawyers in La Jolla. Public defenders generally have a more extensive caseload than private attorneys so we often hear clients complain that they had virtually no contact with their public defender outside the courtroom. This does not mean that public defenders care less about the people they represent, but they do have less available time because they must divide it between more clients. U.S. Attorney General Eric Holder has acknowledged that it is well-documented that public defender offices across the country are overloaded with an excessive caseload.

Participation in Civil and Administrative Proceedings: Private criminal defense attorneys also can assist you with administrative and civil matters related to your criminal conviction. The public defender cannot provide representation in non-criminal matters. If you are facing a California Department of Motor Vehicles (DMV) administrative hearing to suspend your driver’s license because you were arrested for DUI, you will need to retain a private criminal attorney to handle this part of your case or go it alone. Because the DMV administrative hearing provides a glimpse into the evidence that will be presented in the criminal case, the presence of your criminal defense attorney at this hearing can be a distinct advantage. Similarly, you will need a private criminal defense lawyer if you face an administrative proceedings to revoke a real estate license because of a mortgage fraud charge or a law license because of a criminal case involving allegations of improper handling of a client trust account.

Ability to Choose: When you work with a La Jolla criminal defense attorney, you have the option of interviewing and screening multiple attorneys so that you can make an informed choice. You do not have a choice when it comes to the public defender who will represent you. Even if your personalities clash or you lack confidence in the court appointed lawyer, usually you cannot change public defenders.

Lack of Funding: This is an ancillary point to the fact that public defenders have caseloads that are unrealistic. The lack of funding to public defender’s office means that they may not have the resources available to private defense lawyer for testing of forensic evidence and experts.

I can speak with the police because they have not given me a Miranda warning so my statements cannot be used against me.

Prosecutors can and do use statements obtained from defendants despite the fact that no Miranda warning was provided to the individual prior to the statement. The key is that spontaneous utterances offered by the accused, as well as statements provided prior to an individual being “in custody” are admissible. While an arrest may constitute the moment at which a person is “in custody”, the legal standard is whether a reasonable person would have felt free to leave. The bottom line is that you should never answer questions or talk to the police without an attorney present regardless of whether you have been given a Miranda warning.

I might as well agree to let the police search my vehicle, office, residence or person, because the officers will simply do so anyway if I refuse.

While this may be true, the police must have probable cause to believe that identified evidence will be discovered and a valid warrant or applicable exception to the warrant requirement. Admittedly, you may not prevent a search simply be denying permission, but the prosecutor and police may have to prove that the search was lawful. La Jolla criminal defense attorney David M. Boertje frequently files pre-trial motions in limine and motions to suppress evidence resulting from unlawful searches. If the motion is successful, the illegally obtained evidence will not be admissible, which can result in dismissal of the charges or a not guilty verdict.

These are only a few of the common misconceptions people have about the criminal process in La Jolla, California. We invite those with more specific issues and concerns to schedule a free consultation to discuss their unique situation. If you or a loved one has been arrested in La Jolla, 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. La Jolla criminal defense lawyer David M. Boertje can meet with you during regular business hours or 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.