Solana Beach Criminal Defense Attorney & DUI Lawyer

While many enjoy an affluent lifestyle in this small seaside community, the specter of criminal charges can permanently damage a thriving career, future financial security and freedom. Solana Beach criminal defense lawyer David M. Boertje recognizes that good people make mistakes. We do not judge people for decisions or actions that they may later regret, but fight to protect their rights and to mitigate the consequences of unfortunate decisions. Whether Mr. Boertje is challenging the legality of police tactics, exposing contamination of evidence or exposing witness bias, our Solana Beach criminal defense law firm works tirelessly to pursue a desirable outcome for our clients.

When you are accused of a crime, you face a difficult stage in your life. The Solana criminal justice system can be a daunting environment, so you need a skilled and experienced advocate to represent your interest. We are firmly committed to protecting our clients’ future by crafting the best available defense strategy given the facts and circumstances. Solana Beach criminal defense attorney David M. Boertje recognizes that many of our clients are concerned not only with safeguarding their own future but that of their loved ones. A spouse’s ability to pay the mortgage or child’s ability to continue college studies can be derailed by the conviction of a family breadwinner.

Our law firm uses all of our experience, skill and tenacity to make your encounter with the criminal justice system as painless as possible when arrested in Solana Beach. Whether we obtain a dismissal, acquittal, diversion or reduced charges, our goal is to facilitate your ability to move past this difficult phase in your life. We often receive inquiries from clients represented by a court appointed attorney who are frustrated because of a lack of communication about their rights and available options. Many public defenders are competent and committed, but they can struggle from the challenges of a burdensome caseload and limited financial resources. We strive to develop a strong bond of trust and open-door policy so that our clients know what to expect during what can be a frightening period in one’s life.

Can I refuse to speak to the police if I am arrested without making it look like I have something to hide?

Many people mistakenly assume that they are required to cooperate with the police by answering questions after they are arrested. However, you have the right not to talk to the police and to have an attorney present as explained in the Miranda warning provided by the arresting officer. If you exercise your right not to answer questions, it will demonstrate that you understand your rights not that you are guilty of a criminal offense. Any incriminating information you provide will be used by the prosecutor to prove your guilt.

Does the fact I am charged with a felony impact who I should hire to represent my interest?

Felony prosecutors are usually competent and benefit from more extensive litigation tools and resources. If you are charged with a felony crime, you need an experienced criminal defense attorney with significant experience representing those accused of felony offenses. Mr. Boertje has the necessary experience to defend you against felony charges that can carry especially harsh penalties.

Why do I need a Solana Beach criminal defense attorney if I am arrested for unfounded charges of domestic violence or child abuse?

Domestic violence and child abuse allegations are commonly exaggerated or fabricated to gain a strategic advantage in a divorce or child custody case, so you need an experienced attorney that can expose these ulterior motives. Whether this involves disputing the probative value of physical evidence, challenging the credibility of the complaining witness or exposing suggestive questioning by a counselor or school employee, Mr. Boertje aggressively challenges these types of allegations.

Will I be able to avoid being sentenced to jail or prison if I am arrested for possession of methamphetamine or other controlled substances?

When you are charged with possession of a small amount of methamphetamine or other controlled substances for personal use, we may be able to seek diversion. If you qualify for drug diversion, you will participate in drug treatment rather than be incarcerated. If you successfully complete the drug treatment program, the criminal charges against you will be dismissed.

Will I be required to register as a sex offender if I am arrested for a sex offense?

The penalty of mandatory sex offender registration is one of the most devastating penalties that can be imposed by a judge. Many though not all sex offenses in California may expose you to sex offender registration, so it is imperative to seek immediate legal advice from an experienced Solana Beach criminal defense attorney if you are arrested for a sex crime, even misdemenaors. Mr. Boertje understands the most effective defenses and compelling arguments that may be employed to persuade prosecutors not to charge an offense that will include sex offender registration.

What are the advantages and disadvantages of a plea bargain?

While the relative merits of entering into a plea agreement will depend on the specific circumstances of your case, at least to some degree, there are some pros and cons that pertain to most plea bargains. While a dismissal and acquittal is the hope in cases where it is merited, a plea bargain may be preferable under some circumstances. A plea agreement may result in fewer charges, a less serious charge or a favorable sentence. Mr. Boertje carefully reviews the terms of a plea offer with his clients so that his clients can make an informed judgment regarding this form of disposition.

Are there ways I can handle an encounter with a law enforcement officer that might reduce the likelihood of an arrest?

When you are stopped by a police officer, you should act in a polite manner. When you become confrontational and act like you have a chip on your shoulder, this type of demeanor will more frequently result in an arrest. The more brief the encounter the better so do not get into a long discussion. Any answers you provide should be brief and efficient. Another important step to preventing an arrest is not to consent to a search. If the officer asks if he can search your home, vehicle or person, you should politely decline to provide consent. Finally, you have the right not to answer questions so do not talk yourself into an arrest. It is fair to ask if you are under arrest and indicate that you do not want to answer any questions without speaking with an attorney.

If you or a loved one has been arrested in Solana Beach, 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. Solana Beach criminal defense attorney David M. Boertje can meet with you during regular business hours as well as on weekends or evenings and our office returns calls 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.