San Diego Criminal Defense Attorney & DUI Lawyer

San Diego criminal defense lawyer David M. Boertje is committed to providing a vigorous defense to those accused of drug possession, DUI, sex offenses, murder, felony crimes and other criminal offenses. The legal system only achieves justice if those accused of crimes are intelligently, competently and aggressively represented by an experienced San Diego criminal defense attorney. Whether you are falsely accused or not, Mr. Boertje recognizes that his role is to ensure that your Constitutional Rights are observed and respected. We are committed to providing quality representation and candid advice. Our criminal defense law firm has obtained fair treatment, dismissals and acquittals in California State Courts, Federal Courts and DUI administrative hearings in front of the DMV.

If you are charged with a misdemeanor or felony in San Diego, you need an attorney who will tell you the truth about what to expect while tenaciously fighting for your future. Our San Diego criminal defense attorneys understand what conduct by law enforcement officers and prosecutors run afoul of the Constitutional protections of the accused. We do not rely on police reports to evaluate the facts of a case, rather we conduct an independent investigation that may involve the use of private eyes, DNA experts, ballistics experts, psychiatrists/psychologists, chemists, pathologists or other experts based on the facts of your case.

At our San Diego criminal defense law firm, we represent those accused with serious traffic offenses, misdemeanors, and felonies. We tailor our defense strategy to fit the specific circumstances of a criminal case. We may challenge the conduct of police, factual basis for the charge, physical evidence, veracity of witnesses and other aspects of the prosecutor’s case. A few of the cases we handle include the following:

Violent Offenses
Homicide
Terrorism
Murder
Assault & Battery
Manslaughter
Domestic Violencev Aggravated Assault

Drug Offenses
Distribution
Possession
Manufacturing
Cultivation

Sexual Offenses
Statutory Rape
Failure to Register
Lewd and Lascivious
Spousal Rape
Obscenity
Indecent Exposure
Child Pornography
Internet Sex Crimes
Forcible Rape
Prostitution
Pandering & Pimping

White Collar Crimes
Securities Fraud
Embezzlement
Wire Fraud
Health Care Fraud
Forgery
Extortion
Credit Card Fraud
Counterfeiting
Tax Evasion
Money Laundering
Insurance Fraud
Bank Fraud

Mr. Boertje has the expertise and dedication to defend those accused of these San Diego crimes and many others. Because a criminal conviction means exposure to serious penalties, individuals who have been arrested by a police officer or subjected to a law enforcement inquiry need to seek prompt legal advice. Law enforcement officers recognize that they have an enormous advantage when those arrested or investigated for a misdemeanor or felony are not represented by an experienced San Diego criminal defense attorney. Police officers may even delay making a formal arrest so that they can continue talking to someone being investigated without providing a Miranda warning. Anytime you are in this situation, you should decline to speak with police without legal representation and ask if you are under arrest. If the officers indicate that you are not under arrest, you should ask if you are free to leave.

The evidence obtained by law enforcement during the pre-arrest investigation stage of a criminal case or in the immediate aftermath of an arrest often becomes the foundation of a prosecutor’s case. When police officers and detectives conduct interviews, they have experience and skill in obtaining incriminating statements, contradictions, confessions and evidence to justify a search. If you do not assert your right against self-incrimination (right to remain silent) and right to counsel, the information obtained by the authorities will be used against you. Sometimes the information you provide will furnish the police with evidence to justify an arrest or a search.

While San Diego criminal defense lawyer David M. Boertje diligently investigates the facts and reviews police procedure to formulate defense strategies that might result in a dismissal or acquittal at trial, he also frequently explores diversion and other options. When we have clients accused of possession of marijuana, cocaine, crack, methamphetamine, OxyContin or other drugs, we often are able to protect our client from incarceration and other penalties through drug diversion programs like PC 1000 (“Deferred Entry of Judgment”), which permits participation in a rehabilitation program rather than jail time or Proposition 36 (“Formal Drug Probation”).

Mr. Boertje recognizes the importance of remaining out of jail and avoiding a conviction that can result in a permanent criminal record. If you are forced to serve time in county jail or a California state prison, it will impact your family, job, career and future. Alternative sentencing options can prevent these disruptions and even avert the hardship of being saddled with a criminal record by providing a second chance at freedom. There are a range of situations where alternative sentencing may be an option beyond drug cases, which include but are not limited to theft offenses, domestic violence and other crimes. Alternative sentencing can even be an option for non-violent felonies if probation is not prohibited as a sentencing option by statute. Some of alternative sentencing options we might explore include:

• Probation (supervised or unsupervised)
• House arrest
• Psychological counseling or therapy
• AA/NA programs
• Behavior management for anger or impulse control
• Out-patient drug or alcohol rehabilitation programs
• Electronic monitoring (ankle bracelet)

While we know that clients charged with crimes would much rather have their case dismissed or prevail in a criminal trial, these alternative forms of sentencing can mitigate the impact of criminal charges. When participating in an alternative sentencing program, individuals generally may be able to go to school and work while living with their family. At our San Diego criminal defense law firm, we do not judge our clients and strive to obtain a second chance for them to move past mistakes with minimal disruption of their lives.

If you or a loved one has been arrested in San Diego, 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. San Diego criminal defense attorney David M. Boertje can meet with you during normal business hours as well as on weekends or evenings if necessary and our office is available 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.