San Diego Criminal Lawyers Blog

October 31, 2025

How Do You Feel About Big Brother Watching?

Surveillance by law enforcement has had extensive growth in recent years, advancing capabilities to an often-worrisome level. Inarguably, it has made it easier to capture criminals. But it has led to some sober ethical questions, as well.

License Plate Readers

What could possibly be troublesome about automated license plate readers (ALPRs)? It seems they are everywhere these days, helping police to monitor traffic infractions and much, much more. They can identify stolen vehicles, trace victims of human trafficking and kidnapping, and assist in crime-solving. Moreover, they provide information to inform policymakers about traffic flow and potential transit interventions.

Conversely, privacy intrusions are a major concern. Innocent people can have their conduct and whereabouts tracked, which ultimately means their habits and activities exist in a database somewhere. There are documented instances of data being compromised, misused, or leaked. That can be particularly egregious when one considers the possibility of certain communities being targeted based on their zip code, race, religion, or other such grouping.

But You Have Nothing to Fear if You are Innocent…

The timeworn adage offered by some is that if you have done nothing wrong, you have nothing to worry about. But taking that logic a few steps further, its simplicity and inadequacy become clear. The “you have nothing to worry about” mantra becomes problematic when the problem extends outward. What if the government required all citizens to carry location trackers? Even the most avid enforcement proponents would admit that seems pretty invasive. But modern technology allows the government to track people’s mail, phones, purchasing patterns, online activities, and driving habits. In other words, full-on tracking is already possible, whether or not citizens consent to carrying tracking devices.

The slippery slope society is on is dangerous. What might be the future of, say, biometric tracking? Nearly 30 years ago, former NYC Mayor Rudy Giuliani advanced the idea of collecting the DNA data of newborns. In Britain, police now want to collect the DNA of kids who “exhibit behavior indicating they may become criminals later in life.” Is that, or is it not, a breathtaking leap in government intrusion?

Sure, modern abilities help law enforcement to pinpoint and capture criminals. But databases are also vulnerable to hacks, misuse, abuse, and theft. How can the use of such technologies be balanced against the potential for injury?

Questions Worth Considering

MIT professor Gary Marx, who studied the issue, suggested it is worthwhile to evaluate surveillance methods before implementing them by considering:

Does the public know and consent to its use?
Are the goals of the community served?
Does the technology lead to unjustifiable psychological or physical harm?
Are the people responsible for the surveillance subject to it, as well?
Are conclusions subject to human review?
Can decisions be challenged and grieved?
Are less expensive/problematic approaches available?
Are legitimate ends being sought?
Are sufficient safety measures in place to guard against misuse?

October 24, 2025

Fire Forensics and Arson Investigations

by David M. Boertje

Have you been charged with arson? If so, an emotionally charged trial could be in your future. That’s because when fire destroys property and life itself, it is difficult to ignore the catastrophic impacts. It is up to prosecutors to prove that a fire was intentionally set, and that is generally not as easy as it looks on television.

Questioning the Science

There’s no dispute: fires are destructive. In fact, accidental fires and those intentionally set manage to leave exactly the same kind of damage. Logically, then, it means that evidence relating to the fire’s initiation is destroyed with everything else, leaving experts to make inferences about what happened based on whatever is left. Some critical problems related to fire investigation include:

October 17, 2025

Hate Crimes in California

by David M. Boertje

A crime that is motivated by certain characteristics outlined in state and/or federal law can be charged as a hate crime. Penalties may be increased beyond typical guidelines for the original crime. In other words, a sentence that might normally be for ten years could be extended by months or years based on the added hate crime enhancements. If you find yourself charged with a crime that has hate crime enhancements attached, a tough criminal defense attorney on your side is needed more than ever.

Enhancement Categories

A number of areas are called out in state and federal hate crime legislation, allowing additional punishment when crimes are committed based on bias against a victim who has, or is perceived to have, certain characteristics:

A particular ethnicity, race, or national origin;
A specific religion;
A certain gender, gender identity, or sexual orientation;
A person with a disability;
Someone who is associating with a person or group having one or more of these characteristics.

Common Crimes With Enhancements for Hate

Generally speaking, hate crimes are associated with criminal activities intended to demean and/or crimes of violence. Crimes such as vandalism, arson, assault, and murder could result in enhanced penalties if the crime was based on bias in a specified category. Simply planning it or trying to convince someone else to do so could be costly in terms of consequences. It’s estimated that 250,000 or more such crimes—largely unreported—occur annually in this country.

California’s Hate Crime Statistics

Hate crimes in California have risen in the past year by nearly three percent, to over 2,500 reported hate crimes. The most prevalent rise in hate crimes has been directed at the Jewish community and LGBTQ+ individuals. The number of hate crimes directed at particular groups in 2024 is as follows:

Over 500 hate crimes directed at LGBTQ+ individuals;
Over 500 hate crimes targeting Black individuals;
Over 400 hate crimes targeting individuals based on religion;
Nearly 120 hate crimes targeting Asian individuals.

Additional Penalties

The enhanced penalties attached to hate crimes are nothing to sneer at. When a felony, such as assault, arson, or murder, is charged by the state as a hate crime, it could add up to three years of time in prison, while federal law allows for an additional 10 years in federal prison. If the crime included an attempted or successful aggravated sexual abuse, kidnapping, or murder, federal law provides for a life sentence in federal prison. For misdemeanors such as graffiti, property crimes, and stalking, the added time could be up to one year in jail, on top of $5,000 in fines. Continue reading

October 10, 2025

California Concealed Carry Laws

by David M. Boertje

If you imagined that it was no big deal to carry a concealed firearm in California even though you did not have a permit to do so, you could not be more mistaken. It is a misdemeanor crime and could land you behind bars for a full year, on top of sticking you with a $1,000 fine. It could also mean you are prohibited from possessing any firearms for the next ten years. Any aggravating factors could increase the penalties to three years in prison and $10,000 in fines. If you are facing any type of gun charges in the state, having aggressive legal counsel fighting for you is a must!

What are Aggravating Factors?

A number of issues could lead to more severe sentencing if you are arrested carrying a concealed weapon without a permit in an incorporated city. Those issues include:

Having a previous firearm offense;
Being a felon;
Being prohibited from carrying firearms due to past violence;
Participating in a criminal gang;
Knowing the weapon in question was stolen.

Additional Rules

Although it is possible to carry a concealed weapon under certain circumstances, under no circumstances can the weapon be loaded. Additionally, if the weapon is in a vehicle, it must be kept in a secure box and cannot be kept in a glovebox.

Permit Required

Under current law, citizens or legal residents aged 21 or older who wish to carry a concealed weapon and who have passed an approved safety course and background check must apply for a permit through the county or local sheriff’s office. Permits cannot be issued to anyone who:

Has an outstanding warrant for their arrest;
Has been declared insane or incompetent;
Is determined by the sheriff to be unsuitable;
Has a felony conviction in California or elsewhere;
Has a misdemeanor conviction related to the threatened or actual use of force or violence;
Has a stalking or domestic violence conviction, or is the subject of a protective order;
Is on probation or parole;
Has entered false information on a concealed carry application or permit renewal application;
Is residing in the United States illegally;
Is a fugitive from justice.

Restricted Locations

Anyone who does have a concealed carry permit is required to carry the permit whenever they are concealing a weapon, and is still restricted from carrying a concealed weapon in certain locations, including:

Airports;
Post offices;
Banks;
National parks;
State parks except in designated hunting areas;
Military bases;
Federal buildings;
Movie theaters;
Public buildings where prohibited;
Prisons and jails;
Schools;
Libraries;
Most playgrounds and public parks;
Stadiums;
Casinos;
Establishments that serve alcohol;
Businesses posting “no-firearms” signs.

October 3, 2025

Bail Hearings and More

by David M. Boertje

After an arrest, anyone could be worried about the possibility of a lengthy jail stay while awaiting trial. It is important for you to make immediate contact with the aggressive and experienced legal team at Boertje & Associates. Our attorneys will fight for pretrial release. Having an attorney who can think on his or her feet, develop a convincing legal strategy, and articulate the points of your defense well is critical going forward.

What is Bail?

After an arrest, the arrestee is allowed to appear before a judge within 24 hours. At that hearing, there is a chance that the judge will give a defendant the opportunity to pay a set amount of money or establish a property or commercial surety bond in exchange for a pledge to appear for scheduled court dates. It is the best way to avoid pretrial confinement. If you are granted bail, your attorney from Boertje & Associates will put you in touch with reputable companies that can assist with bail.

Judge May Consider Multiple Factors

At the hearing, the defense attorney must ensure that all relevant factors are weighed as the court makes a judgment regarding pretrial release. Issues under consideration may include:

The type of crime being prosecuted;
The circumstances of the arrest;
The defendant’s employment status;
The defendant’s links to the community;
The defendant’s history of criminal activity;
Character issues;
Financial issues;
Safety concerns;
Recommendations from opposing counsel and from the defense attorney.

What to Expect at a Bail Hearing

The purpose of the bail hearing is to determine whether it is appropriate to set bail in the case or whether the accused should be released on their own recognizance. Your attorney should have already reviewed the charging documents with you and discussed the plan to address the situation.

At this time, the merits of the case will not be argued, although in some cases an attorney may claim that there was no probable cause for the arrest to begin with. If the judge believes otherwise, several other important decisions will be made as to the progression of the case.

Challenging Probable Cause

If you have been accused of a felony that cannot be heard in District Court, you may choose to have a preliminary hearing, which your attorney must request within just 10 days of your appearance before a commissioner. At the preliminary hearing, State witnesses will be questioned by your attorney to determine what evidence has been collected against you. This will, in all likelihood, be the last chance for a defense attorney to argue that there is no probable cause and that the charges should be dropped. If that does not happen, the case will be moved to the appropriate court. Depending on the situation, the defendant will need to determine, in consultation with the defense lawyer, whether a judge or a jury trial would be best. Continue reading

September 26, 2025

Understanding Grand Jury Indictments

by David M. Boertje

If you have been indicted for a federal crime, or with any capital crime or felony at the state level– you likely have questions about the grand jury process. It is a procedure that is cloaked in secrecy, making it something of a mystery to the public. While we hear terms like “grand jury” and “indictment” in relation to high-profile cases, making sense of the terms when they directly affect you can be seriously troubling.

Understanding the Role of the Grand Jury

A cross-section of adults living in the area where a purported crime occurred will comprise any grand jury. Randomly identified individuals are notified by mail that they’ve been called to serve. Police and/or other investigative bodies have already delivered evidence to a prosecutor, who will then present that evidence—including documents, witness testimony, and more– to the grand jury. At the conclusion of this presentation, the jury will weigh the evidence and decide whether the prosecutor has demonstrated that the crime occurred at the hands of the accused. To put it more succinctly, they will decide if there is probable cause to justify bringing the case to trial.

The Indictment

If the grand jury finds that there is probable cause to charge a suspect on one or more counts, they will indicate so by providing an indictment – a formal finding–to the prosecutor. At that point, the prosecutor must either elect to pursue the case in a trial, use the indictment(s) to pressure a suspect into cooperating in a deal that provides immunity in exchange for testimony against someone else, or drop the case altogether.

Grand Juries Differ from Other Juries

Grand juries are made up of everyday citizens who are arbitrarily selected, just like other juries. Still, they differ from other juries in many important ways:

Grand juries are undisclosed until after an indictment is delivered, with the public—and the suspect– typically unaware they are meeting.
Anywhere from 16 to 23 people typically serve on grand juries, higher than in criminal cases.
Grand juries are tasked with deciding whether there is enough evidence to support bringing the case to trial, as opposed to criminal juries, which are charged with determining innocence or guilt.
There is no defense presentation for a grand jury, as it is not a trial.
Criminal juries must unanimously find guilt beyond a reasonable doubt, while only half plus one is required to move the case to trial in a grand jury (a much easier standard to meet).
A defendant attends a criminal trial but is never present for a grand jury proceeding, as he or she is not even aware that a grand jury is looking into them until after there is an indictment.
Unlike typical juries, the grand jury can call witnesses with the help of the prosecutor,
Because a grand jury proceeding is not a trial, double jeopardy does not apply; therefore, if there is no indictment, the prosecutor can always gather more evidence and try again with a new grand jury in the future.

September 19, 2025

Charges of Violating a Protective Order

by David M. Boertje

If you have been accused of violating a protective order, you are not alone. Studies indicate that half of all survivors of domestic violence who have obtained protective orders in the country report their abusers violate those orders, with a result of escalating violence. When those orders are violated, survivors say nothing happens to abusers when the violation is reported to authorities. While that may be the case in some states, in California, the legal consequences for violating a protective order are significant.

Protective Orders

A protective order can be issued in a civil court in an attempt to protect applicants from harassment and harm from another person. An Emergency Order may be granted if the alleged victim of a crime calls 911 and requests help, and typically lasts no longer than one week. If the defendant is ultimately arrested and charged with a crime, a judge can issue a Criminal Protective Order, which is designed to protect alleged victims of domestic violence and witnesses. A restraining order might also be issued, which orders the accused to stay away from the victim while continuing requirements to pay child/spousal support.

September 12, 2025

Questions to Ask When You Need a Criminal Defense Attorney

by David M. Boertje

If you have had a run-in with the law, make no mistake: hiring the wrong criminal defense attorney is a regret you will carry long into the future. You want someone whose communication style fits your own, and who can help you to understand exactly what the strategy is, what your role in decision-making will be, and any potential outcomes. You need someone who is ethical, hard-working, and creative as they attack your issues. It is certainly worth your effort to find out about any potential firm that may be representing you, and it is easy enough to do with just a few simple questions.

Have you been practicing law for very long? Are you someone who is knowledgeable about not only the law itself, but who is familiar with the legal community, procedures, and customs in the area?
Have you been involved in cases comparable to mine previously? If so, will that experience impact how you choose to handle my case?
Do you have any referrals I can check?
How do you define success, and what’s your success rate?
How many cases have you taken to trial, and how many have you settled out of court? Are there benefits to plea deals, or am I better off fighting for a favorable verdict in court?
What will you expect from me throughout this process?
What are the best and worst scenarios for me? Will you be optimistic and fight for me, but also be straight with me if the news is unpleasant?
Are you familiar with the judge who’s been assigned to this case? What is your take on the judge?
Are there diversion programs that I might be eligible for? What are they like? What can you do for me in that regard?
In a trial, would you support my testifying in my own defense? What factors go into that kind of decision?
While you are working on my case, how often will you be updating me? How should I get in touch with you?
Will you, personally, be working on my case, or will it be assigned out to less experienced attorneys?
While awaiting trial, what should I be doing to improve my chances?
How long do you anticipate this will take?
What is this whole thing going to cost me? Are there payment plans? Are there any fees for the initial consultation?

September 5, 2025

Law Enforcement Accountability

by David M. Boertje

Are police accountable when misconduct occurs? Police have difficult jobs, there is no question about it. They deal with dangerous criminals and have to make weighty decisions in the blink of an eye. Monday-morning quarterbacking their decisions has become a national pastime for some, and they know they can expect cell phone footage to accompany effectively any police action. The gravity for good cops to serve and protect is phenomenal. But what about cops who are not-so-good? Anyone paying attention in the past five years or more has seen the videos and heard the tales of officers who brutalize their fellow citizens, often with little or no consequence for their actions. Why do so many cops, local and federal, get away with mishandling people with mental health disorders, people of color, juveniles, and other individuals who pose only minimal risk to the community or the officer? Many specialists on the subject believe that immunity and modern politics play a significant role.

Financial Accountability?

Officers sometimes face civil penalties for their actions. But one study demonstrated that more than 99% of the damages forked over to plaintiffs in lawsuits going back to the 1990s were not paid by the officers themselves, but by the government—meaning your tax dollars were at work protecting known rogue officers. Even in situations where officers were fired or were otherwise disciplined for misconduct, this is the case. Financial culpability is just not a reality for officers when they are found guilty of engaging in wrongful conduct, and history shows that to be true in cases ranging from obstruction of justice to actual murder charges. That is largely because of indemnity policies protecting officers.

August 29, 2025

Defending Against Charges of Date Rape

by David M. Boertje

When someone is accused of acquaintance rape, or date rape, the charge is exactly the same as for any other rape. The fact that the parties knew one another is beside the point. A guilty verdict could result in prison time and having to register as a sex offender. The reputational damage, along with the emotional toll these charges take on a person, cannot be overstated. These are consequences no one wants to live with. If you are facing such charges, you need a no-nonsense criminal defense attorney fighting for your rights.

First Things First

It is a good idea to hire an attorney the minute you realize there could be a legal issue—even before charges are filed. That way, you will have someone by your side who understands the law and who can guide you when it comes to answering questions, submitting evidence, and more. Additionally, it will be necessary to take some additional steps:

Get off all dating sites. Do not communicate with anyone through such a site, the accuser in particular. The problem with these kinds of “blind” communications is that you cannot ever know if the person inquiring about you is an innocent individual who happened to like your profile, or if it is a friend of your accuser who is trying to get some dirt on you.
Do not discuss the case with anyone. The only person who is protected by the attorney-client privilege is you. Friends and family could be compelled to elaborate on anything you say to them in a courtroom.
Assuming both parties stipulate that there was a sexual encounter, DNA evidence will likely not be a major factor in the case. The issue at hand will be whether the sex was consensual. If the victim had an examination, often referred to as a rape kit, we will carefully examine the results, looking for any physiological evidence that might be consistent with your accuser’s claims.
If there was no physical examination, the case will rely more heavily on witness statements and circumstantial evidence. Typically, there are strong protections for alleged rape victims, and it can be difficult to bring up previous actions or relationships.
We will analyze the circumstances and try to determine if there was a misunderstanding of some kind or if your accuser is overtly lying. We will look for omissions and inconsistencies in the accuser’s story and highlight those issues in our defense.