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David Michael Boertje
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David Boertje’s Answers

320 total


  • What California Law (code and section) makes it illegal to intentionally hit a pedestrian with a vehicle?

    A driver of a vehicle intentionally hit me, a pedestrian. There is no question that it was intentional, because he immediately got out of the car and beat the hell out of me in an attempted murder hate crime. (I had done nothing to his vehicle and...

    David’s Answer

    Penal code section 245 - assault with a deadly weapon (the vehicle is the weapon). You may want to talk to some lawyers about representation to sue the driver as it appears you may have suffered serious injuries as many offer free consultations.

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  • Negligent vehicular manslaughter

    My children's mother, my ex-wife then remarried was ran over and killed by a law enforcement motorcycle officer. What recourse does the family have in this case. She was not in the crosswalk, so basically she was jaywalking with groceries coming f...

    David’s Answer

    The family can make a claim against the police. You should consult with wrongful death lawyers to investigate the case and possibly make a wrongful claim/lawsuit if it is determined that there was negligence on the part of the officer. Many lawyers offer free consultations for this type of case.

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  • When my accidentmy injuries wasn't bad but now I need surgery on my foot I just have UM 50/100 its enough to pay lawer?

    I got attorney by "Los defensores" they assigned me a attorney, He told me they work on 33 % for the settlement, when my accident no broke bone but they find me a orthopedic for my paint on my foot and The Dr. found a fracture with 5 week, no ...

    David’s Answer

    If you are not happy with your current lawyer you should speak to some other lawyers to take over your case. Communication is important on your case and your lawyer should return your phone calls. Many personal injury lawyers offer free consultations and you should speak to some over the phone to discuss options on your case.

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  • Can I apply to have a misdemeanor expunged on my own, without having to hire a lawyer?

    In 1989 I pleaded "no-contest" to a misdemeanor. Paid restitution, did community service & completed 3 years of probation. I was 18 years old at the time of conviction and have not been in trouble with the law since. I was under the impression ...

    David’s Answer

    If this is in San Diego County, since the misdemeanor case was from 1989, the court file will most likely have already been destroyed. You will need to get a live scan/criminal background from the California Department of Justice to attach to the expungement/dismissal petition in order for the Court to process the expungement/dismissal. Also, some of the courts in San Diego require a court appearance for these. Speak to some local criminal lawyers as many handle these petitions for low cost, and they will also ensure it is filed correctly with all of the required supporting documents.

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  • Can my first time felony offense be reduced to a misdemeanor?

    i was arrested for second degree commercial burglary. i have no criminal record and have never done anything wrong in my life. it was a terrible mistake and a lapse in judgement. i have done an 8 hour theft prevention course and am looking for vo...

    David’s Answer

    Yes, a second degree burglary is a "wobbler" which means it can be reduced from a felony to a misdemeanor. If this is a shoplifting type case and you have no prior criminal record, it would likely be filed as a misdemeanor (even if you were arrested on a felony). Retain a local experienced criminal lawyer to increase your chances at obtaining a favorable resolution. Depending on the facts of your case, you might be able to even get the case reduced to an infraction or dismissed through plea negotiations.

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  • Question about wrongful death lawsuit in California?

    If a family relative asked you to cut down a tree in their backyard for free and the person ends of falling and dying while he is cutting it down, can the family home owners insurance be sued for wrongful death?

    David’s Answer

    Yes, it is possible depending on the facts and circumstances that led to the death. However, it may be important to secure and preserve evidence to strengthen the possible wrongful death suit, if appropriate, which a wrongful death lawyer can assist with. Witness statements may need to be obtained. Speak with a wrongful death lawyer soon as many offer free consultations.

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  • How does the court decide early termination of probation for a wet and reckless?

    I received probation of what I believe was 3 years for a wet and reckless and understand that early termination may be granted as well as expungement. Because I am looking to apply towards medical school, is this possible and is it likely to be gr...

    David’s Answer

    The Court will look at numerous factors such as your performance on probation, the reasons you are seeking to have it terminated early, and whether you have had any other criminal offenses. If this is a wet reckless case in San Diego County, another factor will also be which Judge/Court this is in. For example, in downtown San Diego, I have seen many wet reckless cases granted early termination of probation when half of the probation period has been served, especially when there are compelling reasons, such as applying to medical school. Once probation is terminated, you can file for an expungement. You should consult with some local criminal lawyers who are experienced handling these motions routinely in the Court your case is in and consider retaining one to handle this for you.

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  • Do I need to hire a defense lawyer for an arraignment on misdemeanor?

    My friend was charged with petty theft misdemeanor ($70 clothes merchandise). This is a first time offense for her. We have an arraignment on the 2nd week of April 2014. Do I need to hire a defense lawyer for the arraignment meeting or after?

    David’s Answer

    You should hire a lawyer as soon as possible if you are going to hire one. A lawyer can negotiate the case to try to get charges dismissed or reduced, so your friend does not end up with a misdemeanor petty theft on her record. You or your friend should talk to some local criminal lawyers as many offer free consultations.

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  • I got a dui this weekend in California. i am not a resident here and have a pennsylvania drivers license.

    i was planning on moving back to Pa in 2 weeks and now will have to stay until my court date. i want to no if once they charge me with a dui if they will transfer over all the things ill need to do to Pa so that i can go back home or if they can m...

    David’s Answer

    If you hire a lawyer you will not have to stay in California as a lawyer can appear on your behalf. Also, any terms imposed on the DUI can be transferred out of state. Speak to some local experience DUI lawyers regarding your case as many offer free consultations.

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  • What is the statue of limitations for a misdemeanor DV offense in San Diego? Does the statue of limitations prevent prosecution?

    My friend had an ex-girlfriend file a DV report against him and the San Diego DA filed misdemeanor charges and issued a warrant. It has been 1 year since the event occurred. Does the statue of limitations prevent the DA from prosecuting him for th...

    David’s Answer

    It depends on the charges that were filed but the statute of limitations could be 1 year or 3 years. However, the statute of limitations applies to the date the case was filed, not how long the warrant has been outstanding. There may be speedy trial issues and a Serna motion might apply if law enforcement basically sat on the warrant and did not make any efforts to arrest him and bring him to trial. If a Serna motion was granted it would result in the charges being dismissed.

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