Skip to main content
David Michael Boertje
Avvo
Pro

David Boertje’s Answers

320 total


  • With a DUI, is it possible to transfer your case or your community service, AA meetings, DUI class etc to another county?

    Technically a 2nd offense.

    David’s Answer

    Yes, it's usually not a problem to transfer DUI conditions to another county. You or your attorney simply needs to make the request to the Judge on your case.

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

    See question 
  • Was a passenger in a car accident and was injuryed what should I do

    who do I contact about my injurys I am also pregent they kept me over night at the hospital to moniter the baby

    David’s Answer

    Make sure you seek any necessary medical treatment. Also, speak to some local personal injury lawyers who might be able to help you make a monetary claim against the responsible party for your injuries. Many lawyers offer free consultations.

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

    See question 
  • My son got 1 misdemeanor for a hit and run and 1 misdemeanor for driving with a suspended license will he get jail time

    Driving with a suspended license will he get jail time

    David’s Answer

    It depends on his prior record and other factors. If he has no prior criminal record, a resolution can likely be negotiated with no jail time. You should speak to one of us criminal lawyers over the phone or in person regarding the specifics as many criminal lawyers offer free consultations.

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

    See question 
  • What are my rights & for how much should get a settlement ?

    accident happened on 10/2012 I was rear ended while waiting for my green light . I am having headaches neck aches, backaches stiffness on my neck, numbness on my left arm and leg , MRI results disc was damaged .. since October 2012 I have be...

    David’s Answer

    From what you have stated it sounds like $2,400 would be way too low. You should consult with some local personal injury lawyers to discuss your case as most offer free consultations. It sounds like the insurance company is not taking you very serious because you don't have a lawyer handling the case.

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

    See question 
  • Does the East County San Diego Courthouse do theft diversion programs?

    I was recently caught shop lifting at a store. I didn't go there with the intention of stealing. The police was called and I received a misdemeanor. He gave me a citation, but didn't not take me to the station because I cooperated. I stole a pair...

    David’s Answer

    Yes, I have seen many similar petty theft cases dismissed or reduced to infractions in East County courthouse through negotiations with the District Attorney's office. Many times they will agree to it on a first time offense especially if the person is willing to do some volunteer work in exchange. You should speak to some local criminal lawyers over the phone or in person regarding your case as many of us offer free initial consultations.

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

    See question 
  • Can I request an extention to seek legal council? I'm out on bail now.Court date is 5/21/13.

    I'm out on bond and wish to find a privat lawyer.I want a few more days to talk to a few lawyers.Can I do this?

    David’s Answer

    Most Judges in San Diego are willing to continue the first court date (arraignment) for 2 or 3 weeks to give you time to find and retain a lawyer.

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

    See question 
  • I been investigated by detective s for vandalism, how come i haven't gotten arrested yet, if they told me they have a Footage?

    I am being investigated by detectives, so far i havent giving them a statement but the detectives say. They have footage. Of me. Am i gonna be arrested preety soon? I think they want a civil compromise should i take? Or no?

    David’s Answer

    You could be arrested soon. However, you should consider retaining a local experienced criminal lawyer to speak to the detectives on your behalf and the prosecutor's office to see if charges might be prevented from being filed. A civil compromise might be possible but would need to be negotiated with the prosecutor's office and/or convince a Judge to grant it. Many criminal lawyers offer free consultations and you should speak to some regarding your case.

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

    See question 
  • What is the statute of limitations in California for a 314.1?

    I was arrested 20 years ago for a 314.1. I did not know this was on my record until 2012 during an employment background check. There's apparently a 20 year old warrant for my arrest. I've researched 314 and 314.1 along with penal code sections 7...

    David’s Answer

    The statute of limitations applies to when the case was actually filed/issued so by filing the warrant it was tolled. However, a lawyer can still file motion to dismiss based on your constitutional speedy trial rights being violated especially if you lived in the same state as the case and no attempts to arrest you were ever made. Additionally, it may be extremely difficult for a prosecutor to prove a case against you due to the passage of time. A good criminal lawyer should be able to help you get this case dismissed. Speak to some local experienced criminal lawyers as many offer free consultations.

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

    See question 
  • Need information on warrant's for failing to submit paper work for a DUI.

    Hello I am trying to get some information for my brother. He got a DUI in East San Diego County back in October 2012, he went to court & just pled guilty in December of 2012. He paid his court fine, completed his community service, & attened all h...

    David’s Answer

    He can hire a lawyer to clear the warrant for him ASAP or he can appear in court in person to request the warrant be cleared. He also can post the $5,000 bond to clear the warrant and then they will give him a court date he must appear at. He will need to provide proof of his completion of all the court ordered terms. He should take care of this right away to avoid being picked up on the warrant.

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

    See question 
  • I was tricked into transporting drugs without my knowledge!!!

    I was asked by a "friend" to drive a car for him to certain location, We got pulled over and there was 20 lbs of marijuana, I HAD NO IDEA!!! I have a clean record, i'm a student I don't do drugs, Is there a chance I can get a small sentence or pro...

    David’s Answer

    If you had no knowledge of the marijuana you have a valid defense and are not guilty of the offense. You should hire a lawyer and fight the case as a conviction for transporting and/or possession of marijuana for sales could stay on your record permanently, in addition to possible jail time. Speak to some local experienced criminal lawyers as there are many of us here on AVVO who offer free consultation.

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

    See question