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David Michael Boertje
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David Boertje’s Answers

320 total


  • Under investigation for a hit and run auto accident. Asking for advice on where to begin and what to expect. Thank you

    Without reculation of the accident, I'm under investigation for allegedly hitting a vehicle causing minor damage and leaving the scene of a crime. My vehicle and self were found 10 miles down the interstate, air bags deployed and myself laying unc...

    David’s Answer

    You should speak with local experienced criminal attorneys who can advise you on how best to handle this and minimize the potential consequences. Do not give any statements to law enforcement or anyone other than your lawyer.

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  • Will I be thrown in jail or just pay a fine for a misdemeanor shoplifting charge?

    Will I just have to pay a fine or will I serve time in jail? the Perfume was $92 and it was at JC Penny.

    David’s Answer

    You may be able to avoid the misdemeanor conviction by being proactive as there are many things you can do now that will help with the negotiations once your case is in court. Speak with a local experienced criminal lawyer who can provide you with a list of steps to complete that can help increase your chances at avoiding a misdemeanor conviction and to keep the petty theft from ending up on your record. It is highly unlikely this case would result in any jail time if you have no prior criminal record, but even more importantly, you should take steps to avoid a conviction on your record as it can have permanent consequences (employment, criminal record, immigration issues, etc).

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  • How long does a MIP charge stay on your record? Is there anyway to have it removed?

    It happened twice at 18 & 20

    David’s Answer

    You can file petitions to dismiss pursuant to Penal Code section 1203.4, oftentimes referred to as expungements. You should consult with local criminal lawyers to see if you are eligible and to explain the process to you.

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  • My husband got pulled over on a 3 year probation for two prior duis. How much jail time is he facing?

    alcohol level was 0.8 at the time of his arrest. He had just enrolled in the maac program.

    David’s Answer

    120 days minimum jail time for a third time DUI, however, there may be possible alternatives to avoid or minimize the jail time. Because he is on probation for two prior DUI's he may get additional jail time for the probation violations. You should consult with some local experienced criminal defense attorneys who can help minimize the consequences. A good lawyer can also advise your husband on things he can do to help increase his chances at reducing or avoiding jail time.

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  • What do I do if I'm not sure on what they are going charge me for . Yet it says petty theft.

    If I was charged for petty theft from a store. An the person from the security was trying get me for theft for other things in my bag. An the question the lady asked me made it look like I'm lien. Therefor the place question me about stealing from...

    David’s Answer

    You need a local criminal lawyer experienced with handling theft cases. A lawyer may be able to help you reduce your charges and minimize the consequences. Petty theft charges can have long lasting consequences on future employment and the ability to obtain professional licenses such as a nursing license. Speak to some local experienced criminal lawyers who can best represent you in your case.

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  • Should I take legal action?

    I was biking (sidewalk, wrong way) a car turned into a driveway, saw my, just stopped right in my way and I hit his car. I ended up fracturing a rib and having to fix my bike, just a little though. I'm not sure even if I would want to fight this s...

    David’s Answer

    You may still have a viable claim against the driver of the vehicle. You should speak to a local personal injury lawyer to investigate your case and explore the option of pursuing a claim against the driver. Liability is not always straightforward.

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  • My wife has a joint suspension for 2 years and violated probation for a dirty test. Is she gonna get the imposed sentence?

    She on probation for 2nd degree burglary.

    David’s Answer

    Depends on the outcome of the probation violation hearings, negotiations, and whether prop 47 might be applicable to her case to reduce the offense to a misdemeanor. There are many factors that come into play and there might be a way to avoid the 2 year sentence. You should consult with local experienced criminal lawyers to discuss her situation to see what options there might be.

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  • If DV charges against me are dropped, can I get it removed from my record and if so, how?

    I did not speak to a judge when the court date arrived.

    David’s Answer

    The only way to get the arrest record removed is to file a petition to seal and destroy the arrest record pursuant to Penal Code section 851.8. However, these can be difficult to get granted and you should consult with a criminal lawyer who can explain the process and risks associated with filing this petition.

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  • How do I go about starting a lawsuit against a driver who hit my son while riding his bike?

    My son was hit by a car while riding his bike thru a shopping center. Police were called but did not make a report because it happened on private property. I only got an incident report.

    David’s Answer

    You should speak with a local experienced personal injury lawyer who can make a claim on your son's behalf and who can file a lawsuit if necessary. A settlement might be able to be negotiated without filing a lawsuit. Many personal injury lawyers work on a contingency basis, meaning that the lawyer only gets paid when a settlement or judgment is obtained.

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  • Is there a lawyer who takes on the cases of asbestosis death due to working aboard a ship while in the Navy?

    His cause of death was verified by his dr and the VA & death certificate. My issue is with the asbestosis companies who suppled the product that took my husbands life.

    David’s Answer

    • Selected as best answer

    I'm sorry to hear about your loss. Yes, there are lawyers who handle these cases. You should talk to personal injury/wrongful death lawyers in your area to discuss this claim as many offer free consultations.

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