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David Michael Boertje
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David Boertje’s Answers

320 total


  • What is the likelihood of receiving no jail time if charged and convicted for felony grand theft?

    No priors, first time offense and estimating around $20k. Employer not interested in civil compromise. Nothing filed as of yet...what is the probability of receiving no jail time assuming charges will be filed at some point.

    David’s Answer

    It depends on a lot of factors, but with no prior criminal record and if you have the ability to pay back the $20k, this will increase your chances of negotiating a resolution that will avoid substantial jail time. It is also possible they might not have enough evidence to file charges yet. Detectives will likely be contacting you to try to obtain a statement from you and you absolutely should not provide them a statement. You need to retain a good criminal lawyer to handle the communications with law enforcement and the District Attorney's office on your behalf to protect your interests and to increase your chances at avoiding jail time. You should talk to some local experienced criminal defense attorneys as many offer free initial consultations.

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  • What happens next? I have a bail receipt with a court date, 1 charge: 273.5 PC. I believe this is felony DV?

    I was arrested Saturday night 3/15. Wife and I got in a fight we were both yelling, I shoved her then grabbed her and we fell to the ground. At that point I realized what I was doing and let her up to call 911. I waited and was cooperative when...

    David’s Answer

    You should strongly consider retaining an experienced criminal lawyer to represent you in this case, especially since you were booked on a felony domestic violence charge. A lawyer can contact the District Attorney's office prior to your first court date and provide their office information in your behalf that may assist in possibly preventing charges from being filed, or getting the charge filed as a misdemeanor instead of a felony. If charges are filed, at your first court hearing which is called an arraignment, you will enter a plea, which should be a "not guilty" plea and the Judge will issue a protective/stay away order to prevent you from contacting your wife and could force you to move from your residence while the case is pending. However, your lawyer can request this to be a "no negative" contact order in order to allow you to stay in your home as long as there is no negative contact with your wife. Your lawyer will negotiate your case on your behalf and try to get your charges dismissed and/or reduced. You should not be making any statements to anyone regarding the charges except your lawyer. As many lawyers offer free consultations you should speak to some experienced criminal defense attorneys regarding your case, and retain one as soon as possible to represent you.

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  • Will I be away from my family while paying restitution in another state?

    Recently moved to another state and received word at the end of last year that I'm being investigated for grand theft under $30,000. Once sentenced to pay restitution will I have to pay off my restitution in California before I can move back to ...

    David’s Answer

    It will depend on the outcome of your criminal case. If you are granted formal probation on your case you would likely be able to reside in the other state, however would likely need to go through interstate compact, and your home state would have to accept you and allow you to do the probation there. If you were granted summary probation/probation to the Court, you may be able to reside out of state without interstate compact. Also, restitution might not be the only punishment ordered, as with a theft of approximately $30,000, you might be looking at doing some time in jail/prison. You should consult with some experienced criminal lawyers in the city that your charges are pending.

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  • Foreign student with petty theft misdemeanor - will i have immigration issues?

    hello. i am 23 and got charged with a petty theft misdemeanor for shoplifting a pair of $32 sunglasses in california. I am a foreign resident and am here on a student visa. i have a court appearance on 24th april . please help me understand my opt...

    David’s Answer

    An experienced criminal defense lawyer who is familiar with the court your case is in can help you with this case. If this is in San Diego county, through plea negotiations, your lawyer may be able to negotiate a dismissal of the charges, or a reduction of the charges to an infraction (similar to traffic ticket where you just pay a small fine). You should speak to some local criminal lawyers as many offer free consultations.

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  • Driver owns a truck is in accident but previous owner's insurance and policy number given at accident. His fault, who pay?

    Insurance not sure who is insured?? $97,000. Medical bills,. Car is totaled storage is $40.00 a day at towing company. Still there! Cervical neck fracture, two veins thrombosis, 4 days in trauma unit at Hospital with severe concussion and s...

    David’s Answer

    You need to speak to local personal injury lawyers to investigate whether their is coverage that can cover this accident. Some other potential sources of insurance could be if the guy was working for someone such as a business or corporation at the time he was driving the truck. Many personal injury lawyers are willing to speak to you and give you information without charging you for their time. If there is an insurance policy or other pockets to pursue, most lawyers would be willing to take a case like this on a contingency fee basis, meaning you would not have to pay any money upfront, and any lawyer fees would come out on a percentage basis when the case settles or a judgment is obtained.

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  • I was charged with LSD possession with intent to sell and transporting charges. Do I qualify for prop 36 drug classes?

    I was arrested with LSD in california. I have 3 felony charges, Possession, Intent to sell, and transporting, since it was found during a traffic stop. It was 22 hits, there were 20 all in one strip but there was 2 tabs wrapped in there own foil s...

    David’s Answer

    You do not qualify for prop 36 with possession with intent to sale charges or the transporting charge. The only way to get prop 36 would be through negotiations or if the sales/transporting charges were dropped and only a simple possession for personal use charge remained. You should contact some local criminal lawyers to discuss your situation and options.

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  • Bench warrant

    I have a bench warrant out for not completing work release. I no longer live in California and need to get the warrant recalled. However the judge is requiring me to appear. This is not possible since I no longer live in California. Is there a way...

    David’s Answer

    If this is a misdemeanor case a lawyer can appear at court on your behalf without you and might be able to clear the warrant. You should call some criminal lawyers to discuss the specifics of your case over the phone as many offer free consultations.

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  • What does COTP stand for? On the inmate page after his court date

    My fiancée is on probation he was not home but he has a 4th waiver and our house was searched and they took him in for violations

    David’s Answer

    Court ordered to produce

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  • I need to get my CA DUI expunged to apply for nursing school.

    It happened in 2001. I have checked around and the cheapest service I can find is $795. Is there any other way to get it expunged? Any ideas on how to not spend as much? Maybe something more affordable...?

    David’s Answer

    There are more affordable attorneys for misdemeanor expungements. Call around as many attorneys will give you a quote over the phone. You will still need to disclose the conviction to the nursing board, but it will help as the nursing board will look at it more favorable if it has been expunged pursuant to Penal Code 1203.4.

    David M. Boertje, Esq.
    750 B Street, Suite 3300
    San Diego, CA 92101
    (619) 229-1870
    www.boertjelaw.com

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