Oceanside Criminal Defense Attorney & DUI Lawyer

When people are convicted of misdemeanor or felony offenses in Oceanside, the consequences can adversely impact the accused and his or her family members. Oceanside criminal defense attorney David M. Boertje focuses his energy, resources, legal knowledge and experience on proving the innocence of his clients to keep those we represent out of jail or prison. When someone is convicted of a criminal offense in Oceanside, the harsh penalties might include incarceration, a criminal record, fines, loss of certain rights, court ordered counseling or classes and other forms of punishment.

Mr. Boertje is committed to aggressively fighting for the rights of the criminally accused, reigning in overzealous law enforcement officers and challenging prosecutor attempts to prove every element of charged offenses beyond a reasonable doubt. Our Oceanside criminal law firm represents those accused of the full array of crimes from simple misdemeanors to capital felonies. Our law firm is not a firm that handles many areas of law, rather we focus all of our time and resources on criminal defense. We assert your rights under the U.S. Constitution, other federal statutes and California law to protect your right to a fair trial, right to counsel at all stage of the criminal proceedings and right to be protected from unreasonable searches and seizures.

At our Oceanside criminal defense law firm, we provide aggressive advocacy and representation for those charged with the full range of criminal offenses in Oceanside and the surrounding areas. We recognize that our clients have much more at risk than paying a monetary judgment like in a civil case. Our clients’ liberty, reputation, future and lives are at-risk. Some of the cases that Oceanside criminal defense lawyer David M. Boertje handles include:

• Aiding and abetting
• Homicide (murder/manslaughter/vehicular manslaughter)
• Three strikes cases
• Expungements
• Theft crimes (e.g. robbery, armed robbery, burglary, shoplifting, grand theft auto)
• White collar crimes (embezzlement, fraud)
• DUI defense
• DMV administrative license hearings
• Assault
• Appeals
• Domestic violence
• Drug charges (drug sales, transportation, possession for personal use)
• Obstruction of justice
• Serious motor vehicle violations
• Probation violations
• Bench warrants
• Criminal attempt/conspiracy
• Sex offenses (e.g. forcible rape, date rape, statutory rape, sexual assault, prostitution, solicitation)
• Juvenile offenses
• Battery

When you are charged with a crime in the Oceanside area, representation by a highly qualified and experienced criminal defense attorney can mean the difference between loss of your freedom and going home to your family. Even if you qualify for a public defender, Mr. Boertje offers a free consultation so that you can learn how we can help. Although the public defender’s office is filled with conscientious attorneys, they must divide their time and resources among a high volume of clients. Mr. Boertje carefully limits the cases he takes so that he can focus all of his time and financial resources on the more limited number of cases we represent.

Oceanside criminal defense attorney David Boertje understands that those transported in the back of a police car or locked away in a jail cell have many concerns and questions about their legal rights, the criminal process and the potential outcome of their criminal case. We have covered four questions that everyone needs to know if they are involved in the criminal justice system in Oceanside.

Question 1: How the choice of a criminal defense attorney can affect your experience?

Our Oceanside criminal defense law firm focuses a large percentage of our practice to criminal and DUI cases. Mr. Boertje devotes a substantial amount of his time to criminal cases and has handled over 1500 criminal cases, as well as attends criminal law continuing legal education. Mr. Boertje has over 10 years experience, has substantial research and litigation resources relating to criminal law.

Because facing criminal charges is an extremely unsettling experience, those embroiled in criminal proceedings typically have questions and concerns. If you are represented by a court appointed attorney, the attorney’s heavy caseload might only permit brief rushed meetings in the courtroom halls at court hearings. When you retain our Oceanside criminal defense law firm, we provide reasonably timely updates and endeavor to respond to telephone calls and emails the same day or by the next business day.

Question 2: Will I go to jail/prison if I am charged with a crime?

If you are convicted of a misdemeanor, you can be sentenced to county jail. A felony conviction also can lead to incarceration in county jail or state prison. We explore affirmative defenses, file pre-trial motions to suppress evidence, investigate the credibility of witnesses and use experts to re-evaluate forensic evidence so that we give our clients the best chance to obtain a dismissal or acquittal. When neither option is realistic, we will negotiate with an eye toward diversion, probation and other non-incarceration alternatives.

Question 3: How do I get my family member out of jail?

We can help facilitate bail arrangements to help get your loved one out of jail promptly. While the criminal justice process is scary for many people, the process is a little less frightening if people are not forced to endure the time from arrest to disposition of the case in a jail cell. While there is a bail schedule for different types of criminal offenses, the judge has broad discretion to determine bail amounts within the suggested range or even deviate from the bail schedule entirely. We may be able to get the bail amount reduced or convince the judge to authorize a release on the accused’s own recognizance (“O.R. Release”). Although some people arrange cash bail, which simply means posting bail in the cash amount, most people use a bail bondsman to post a bond. The typical fee collected by the bondsman is 10 percent of the bail. In other words, the bail agent will collect a non-refundable premium of $4,000 if bail is set at $40,000.

Question 4: Can I qualify for some form of diversion if I am accused of a drug crime?

While law enforcement and prosecutors take drug crimes very seriously, there are a range of diversion options that might keep you from being locked up and even result in a dismissal of the case against you upon successful completion of the program. While we always explore weaknesses in the prosecutor’s case and the basis for exclusion of evidence based on law enforcement misconduct, Mr. Boertje also explores diversion options like drug court, California Proposition 36 (“Prop 36”) and California Proposition 1000 (“Prop 1000”). While the facts and circumstances of your case will determine eligibility for these diversion programs, they all emphasize rehabilitation over incarceration.

If you or a loved one has been arrested in Oceanside, 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. Oceanside criminal defense lawyer David M. Boertje can meet with you during regular business office hours and even on weekends or evenings if necessary 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.