David Michael Boertje’s Answers

David Michael Boertje

San Diego Criminal Defense Attorney.

Contributor Level 12
  1. Negligent vehicular manslaughter

    Answered 5 months ago.

    1. Robert Bruce Kopelson
    2. Wendy Marie Schenk
    3. James Otto Heiting
    4. David Michael Boertje
    5. David Lee Fiol
    6. ···
    13 lawyer answers

    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.

    5 lawyers agreed with this answer

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

    Answered 5 months ago.

    1. David Wesley Hiller
    2. Anna Reese Yum
    3. Howard C Williams
    4. David Michael Boertje
    5. David Allen Brooks
    6. ···
    9 lawyer answers

    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...

    5 lawyers agreed with this answer

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

    Answered 6 months ago.

    1. Dan Eugene Chambers
    2. David Wesley Hiller
    3. Victor Murray Hwang
    4. Michael Kevin Cernyar
    5. David Michael Boertje
    6. ···
    10 lawyer answers

    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.

    5 lawyers agreed with this answer

  4. Pending investigation on sex crime. confiscated cell phone with evidence not yet presented to the DA yet. not charged yet.

    Answered 12 months ago.

    1. Peter Charles Blair
    2. David Michael Boertje
    3. Andrew Michael Limberg
    4. Michael Kevin Cernyar
    5. William Peter Daley
    6. ···
    7 lawyer answers

    These are serious charges and you should not give any statements to any investigators and should retain an experienced criminal lawyer right away. Many lawyers offer free consultations and you should speak to some regarding your case. David M. Boertje (619) 229-1870 www.boertjelaw.com

    5 lawyers agreed with this answer

  5. Does the East County San Diego Courthouse do theft diversion programs?

    Answered over 1 year ago.

    1. David Michael Boertje
    2. William Peter Daley
    3. Peter Charles Blair
    4. Michael R Crosner
    5. Mark Lawrence Deniz
    6. ···
    6 lawyer answers

    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....

    5 lawyers agreed with this answer

  6. How can I get my license back asap? I called the DMV and they are lagging. What is the legal time frame for them to act?

    Answered over 1 year ago.

    1. David Michael Boertje
    2. Michael Jon Fremont
    3. Richard Franklin Taub
    4. Mark K Rosenfeld
    5. Paul Henry Neuharth Jr
    6. ···
    7 lawyer answers

    The DMV may require a hearing or interview and will also likely require you to take a written test and possibly another driving test. They also might require a period of time of "control" depending on what caused the fainting as they want to ensure it won't happen while driving. You may wish to retain a lawyer to represent you in this process, especially if they require a hearing. A lawyer also might be able to assist in speeding up the process. David M. Boertje, Esq. (619) 229-1870 www....

    5 lawyers agreed with this answer

  7. 3 armed robberys 2 atemeds clean record used a pellet gun with no bbs what kind of time am I looking at

    Answered over 1 year ago.

    1. David Michael Boertje
    2. Andrew Michael Limberg
    3. Elliot Rahmim Zarabi
    4. William Peter Daley
    5. Jay Scott Finnecy
    5 lawyer answers

    If you are convicted you are looking at quite a few years in prison as robbery is a strike and you have multiple counts being charged. You certainly should retain an experienced criminal lawyer to negotiate this case on your behalf. Many offer free initial consultations and you should talk over the phone or in person with some regarding the specifics of your case. David M. Boertje, Esq. 619-229-1870 www.boertjelaw.com

    5 lawyers agreed with this answer

  8. I was arrested for prostitution last week in CA and released with citation and I have court date.

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Paul Henry Neuharth Jr
    3. Andrew Stephen Roberts
    4. Andrew Michael Limberg
    5. David Philip Shapiro
    6. ···
    6 lawyer answers

    Since it is a misdemeanor, you can hire a lawyer to appear for you in court and to negotiate the case on your behalf. Since you have no criminal record an attorney can probably get the charges reduced so you don't end up with a prostitution charge on your record. Contact some local experienced criminal attorneys to discuss the specifics of your case and possible defenses and possible outcomes as many offer free consultations. David M. Boertje, Esq. (619) 229-1870 www.boertjelaw.com

    5 lawyers agreed with this answer

  9. Charged with a wet reckless and trying to join military. Anyway to shorten probation period?

    Answered almost 2 years ago.

    1. Robert Laurens Driessen
    2. David Michael Boertje
    3. Eric Paul Ganci
    4. William Mathew Concidine
    5. William Peter Daley
    6. ···
    8 lawyer answers

    Normally, most judges want at least half the probation period to be completed, and on a wet reckless it is normally three years of probation, so a year and a half into probtion is normally what they like to see. However, I have had clients get the probation period terminated earlier than that, even sometimes only one year into a three year probation period. Joining the military is a good reason for terminating probation and many judges would look at that favorably. You will need to have your...

    5 lawyers agreed with this answer

  10. Ok my older brother got charged with a sex offender charge can other people that know him help in his trial?

    Answered almost 2 years ago.

    1. Andrew Michael Limberg
    2. David Michael Boertje
    3. Joseph Briscoe Dane
    4. David Philip Shapiro
    5. Amber H Lunsford
    5 lawyer answers

    Yes, your brother can have character witnesses testify on his behalf. You should give the names and contact information for possible character witnesses and any other possible witnesses to your brother's attorney. If you brother does not have an attorney your family should be speaking with some local experienced criminal lawyers. Many lawyers offer free consultations and it would be good for your family to speak with some over the phone or in person. David M. Boertje, Esq. 402 W....

    5 lawyers agreed with this answer

Call now for a free consultation.

619-229-1870