San Marcos Criminal Defense Attorney & DUI Lawyer

Whether you are a student at California State University San Marcos who is arrested for DUI or a dad falsely accused of sexual molestation or spousal abuse during a divorce, San Marcos criminal defense attorney David M. Boertje can help. We are committed to tenaciously protecting the Constitutional rights of those accused of criminal conduct by the government. We offer non-judgmental legal representation to individuals charged with the full spectrum of criminal offenses including misdemeanors and felonies such as DUI, date rape, assault and battery, theft offenses, murder, or any other criminal offense.

The government will utilize a team of experienced law enforcement investigators and law enforcement officers along with virtually unlimited financial resources, so you need a San Marcos criminal defense lawyer with the experience, legal knowledge and litigation resources to level the playing field. Mr. Boertje has devoted his career to protecting the rights of those who are falsely accused or that have their rights and freedom threatened. When you retain Mr. Boertje to represent you against a DUI, a felony drug charge, a misdemeanor solicitation charge or any other criminal charges, he closely scrutinizes every aspect of police conduct from your initial contact with law enforcement.

Many criminal cases are built on evidence that would never have been available to the prosecution if the criminal defendant had immediately asserted the right to counsel and refused to speak to the police. While many people know on an intellectual level that they are not required to talk to the police or permit a search of their home, the fear and intimidation associated with a jailhouse interrogation can make it difficult to say no. Police officers and detectives are well aware of the subtle (or sometimes not so subtle) pressure that suspects feel when they are alone in a room with armed officers who have the power of arrest.

Although many people assume that cooperation will work in their favor, voluntarily providing statements and access to evidence through searches will only make your situation worse. Admittedly, the majority of San Marcos criminal cases are resolved through plea bargains. However, the best plea agreements are based on weaknesses in the prosecutor’s case that increase the probability of a not guilty verdict at trial, dismissal of the charges by the judge or a hung jury. When you provide the police with critical evidence prior to plea negotiations, the prosecutor will have less reason to agree to a plea bargain on terms favorable to you. THE BOTTOM LINE IS THAT YOU SHOULD POLITELY DO THE FOLLOWING:

• DECLINE TO TALK TO THE POLICE WITHOUT YOUR SAN MARCOS CRIMINAL DEFENSE LAWYER

AND

• WITHHOLD CONSENT TO A SEARCH OF YOUR PERSON, RESIDENCE OR VEHICLE.

At the San Marcos law office of David M. Boertje, we know that those who are arrested and/or charged with a crime often are overwhelmed with questions and concerns. We have provided some answers you should know to questions commonly asked by those facing a criminal case in San Marcos.

Do I need an attorney if I am arrested for a DUI without any prior convictions?

While most people do not serve jail time for a first-time DUI offense, you technically have exposure to up to six months in county jail, as well as other penalties, including probation up to 5 years, as well as the potential to have a criminal conviction and loss of driving privleges. There are many facts that can make the risk of jail time higher for a first offense DUI, such as:

• Minors in the vehicle
• Car accident while intoxicated
• Presence of a controlled substance in blood
• Extremely high Blood alcohol concentration (BAC) significantly above 0.08 percent
• Other concurrent traffic safety violations (e.g. reckless driving, speeding)
• Any injuries during a crash
• Refusal of blood alcohol testing

However, you might not be forced to suffer additional penalties if you are represented by an experienced San Marcos DUI defense lawyer. Mr. Boertje carefully reviews the basis for the initial stop, law officer conduct during the stop, field sobriety test and/or breath/blood test procedures, factors that compromise chemical testing results and other aspects of a DUI arrest. If the evidence can be attacked or the BAC is close to the legal limit, we may be able to get the charges dismissed or obtain a not guilty verdict.

Doesn’t it appear that I am guilty if I refuse to answer an officer’s questions or agree to let him conduct a search?

Absolutely not! The framers of our Constitution provided the accused with certain important protections, and your decision to assert these rights only shows that you understand your rights. The police may be fishing for information because, they lack sufficient evidence for an arrest or search. If this is the case, your decision to insist on an attorney before speaking or consenting to a search gives you the best chance of going home without being arrested and charged.

Why do I need a private San Marcos criminal defense lawyer if I qualify for a court appointed attorney?

If you are indigent and qualify for a public defender, you do not necessarily need to hire a private attorney. However, we hear from many families who elect to provide funds to a loved one to retain our services because they want their family member to have the best chance to avoid a criminal conviction and incarceration. While public defenders typically are competent and dedicated, the public defender program is often underfunded. This means that court appointed attorneys need to divide their time between a much higher volume of clients. The public defender’s office may also lack resources to obtain expensive testing or top experts. Finally, communication with your public defender may be limited to brief meetings at court which you might fine insufficient when facing the prospect of going to jail.

Will I serve time in jail or state prison?

There is no straightforward answer to this question because many factors affect whether you will be forced to do jail or state prison time. These factors include:

• Nature of the charges
• Strength of the evidence
• Conduct of the police/prosecutor
• Prior criminal record

Mr. Boertje will aggressively represent you with a primary objective being preventing incarceration. He also will provide a candid appraisal of your situation after reviewing the charges and facts.

If you or a loved one has been arrested in San Marcos, 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 Marcos criminal defense attorney David M. Boertje can meet with you during regular 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 (760) 476-0901 or (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.