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David Michael Boertje
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David Boertje’s Answers

320 total


  • 1. How get probation if convicted DV violator? 2. If sentenced to jail could I choose to go back China (Green Card holder

    1. I am a domestic violence violator, I slapped my wife's face and left a bloody scrape on her face (the only injury, not serious), I kicked and so on. I think I only committed the misdemeanor of DV, but I will go to court five business days afte...

    David’s Answer

    In order to get probation without jail time, and also to reduce or possibly dismiss charges against you, you should retain a lawyer to handle and negotiate your case on your behalf. If you are sentenced to jail they will require you to serve your jail time before you go back to China. You also might have some deportation issues depending on the outcome of the case and your immigration status. You should certainly speak to some local experienced criminal lawyers as many of us offer free consultations.

    David M. Boertje, Esq.

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  • MY HUSBAND GOT CHARGED FOR DOMESTIC VIOLENCE BESIDE THAT HE GOT CHARGED FOR KIDNAPPING, FORCING, BATTERY ETC. WHAT CAN I DO TO H

    I WOULD LIKE TO KNOW IF WE CAN DO SOMETHING TO GET HIM OUT IN JAIL. WE CAN'T AFFORD THE BAIL WHICH IS 100,000 AND WE NEED TO PAY THE FRONT OF 10,000 NEITHER OF THAT MONEY OR EVEN THE ATTORNEY.. PLEASE IM BEGGING YOU WHO EVER CAN READ THIS HELP ME....

    David’s Answer

    A lawyer can request a bail reduction on his behalf. As these are very serious charges you should consult with local experienced criminal lawyers on his behalf as many of us offer free consultations.

    David M. Boertje, Esq.
    (760) 476-0901

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  • I am charged with two counts of pc242 what will happen at my arraignment

    i got in a fight and was arrested

    David’s Answer

    You enter a plea a the arraignment, either a not guilty plea or guilty. Sometimes at a misdemeanor arraignment your lawyer can negotiate the case with the prosecutor, but normally most negotiations occur at future court hearings called readiness conferences or pretrial hearings. Judges also decide bail issues at the arraignment. You should speak to some local experienced criminal lawyers as many of us offer free consultations.

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

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  • What do I do? Where do I go? My daughter was sexually assaulted a year ago and I just found out last night.

    My 18 year old daughter (17 at the time). Had gone to a get together at her assistant managers house with another male adult who worked at this FFR (fast food rest). She had gotten herself drunk and the male stuck his hands down her outfit at one...

    David’s Answer

    She should contact the police to report the assault. She should also speak to some local lawyers as she may have a civil claim and potential lawauit against the individual and also against the fast food restaurant. Many lawyers offer free consultations and you and/or her should speak to some local personal injury lawyers.

    David M. Boertje, Esq.
    1808 Aston Ave., Suite 240
    Carlsbad, CA 92008
    (760) 476-0901

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  • Should I hire an attorney for my court case involving being under the influence of a controlled substance?

    I am a college student and went to my friends party where the cops showed up for a noise complaint. Me and 14 others were in a room where I decided to try this drug for the first time (along with everyone else). I stayed in the room a little longe...

    David’s Answer

    At the very least you should speak to some lawyers over the phone or in person regarding the specifics of your case as many of us criminal lawyers offer free consultations. You want to minimize the impact this could have on your record and also want to minimize the punishment. A lawyer can advocate on your behalf and will know what issues to present to the prosecutor to negotiate a successful resolution. Additionally, there might be legal defenses to your case that could potentially lead to an outright dismissal.

    David M. Boertje, Esq.
    (619) 229-1870
    www.boertjelaw.com

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  • Wrongful death suit against the driver in malibu

    my cousin was driving. i was the passenger suspect ran stop sign and t boned my cousin killing him and i have emotional problem (fear of driving, depression, nightmares etc) cousin was 18 just graduated highschool no dependants children ...

    David’s Answer

    I am very sorry for your loss. You have your own claim against the driver for your injuries, any physical injuries and also for mental injuries/suffering from the incident. Your cousin's family (parents) also have a wrongful death claim against the driver. You should speak to some personal injury/wrongful death lawyers immediately to preserve your rights. Most personal injury lawyers would handle this case on a contingency basis (a percentage basis) where you only pay lawyers fees when a settlement or verdict is reached, so you wouldn't have to pay out of pocket to hire a lawyer. Many lawyers offer free consultations and you should speak with some regarding your case.

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  • What happens if your case is dismissed, and you don't pay the bail bondsman the rest of your 10%?

    I had a squeaky clean record, planned on being in the criminal justice field, had a job, my car, schooI.I got charged with domestic violence for punching my boyfriend, once and I hurt my own hand more than I hurt him. But now I'm stuck with all of...

    David’s Answer

    If you don't pay the rest of the money to the bondsman, you will not be arrested since no case was filed. The bond company can sue you for the rest of the money, however, they cannot put in you jail. Also, be mindful that criminal charges could be filed at a later date by the District Attorney's office or the City Attorney's office. If charges are filed they would likely send you a letter in the mail notifying you of the court date.

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  • Live scan and NCIC rap sheet

    Hi, I was cited 12500(a) Misdemeanor but at court it was direct filed as 12500(a) Infraction. I was not arrested. I plead guilty to infraction and paid fine. I'm an immigrant here. I would like to know whether my misdemeanor citation has opene...

    David’s Answer

    You won't have any criminal record with DOJ/FBI since you weren't arrested/booked on it and since it was a plea to an infraction.

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  • I was not aware I had to appear in court!

    I was charged with a 56.61B MC and was supposed to appear in court. The problem is I was extremely nervous and when the officer handed me the ticket, (trying to calm me down) he told me that it was not a big deal, that all I had to do was sign som...

    David’s Answer

    A lawyer can clear this warrant without you having to post any bail and can get it cleared immediately. You would never even have to go into court if you hire a lawyer to handle it for you. You should speak to some criminal attorneys over the phone or in person regarding your case as most offer a free consultation.

    David M. Boertje, Esq.
    (619) 229-1870
    www.boertjelaw.com

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  • If this is my first time offense will I go to jail for a misdemeanor grand theft in San Diego?

    I was arrested on this case back in November. I was told they dismissed the charges but I guess the city attorney didn't file a complaint at that time. They haven done so now and I have a court date for arraignment. I spent 3 days in jail and they...

    David’s Answer

    Yes, a good criminal lawyer would likely be able to negotiate a resolution for you that would not require you to do any additional jail time especially since this is a first time offense. Many criminal lawyers offer free consultations and you should speak to some of us AVVO criminal lawyers over the phone or in person regarding the specifics of your case.

    David M. Boertje, Esq.
    (619) 229-1870
    www.boertjelaw.com

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