San Diego Criminal Lawyers Blog

July 3, 2020

Police May Start Citing Californians Who Refuse to Wear Masks in Public

In June, Governor Gavin Newsom issued an executive order that requires all people who are outside of their homes to have a mask on. People in California have been mandated to have a mask on at all times if they are not at home, and that includes wearing one while walking about outside. Supporting Gov. Newsom’s order is Los Angeles Mayor Eric Garcetti, who has also ordered those in L.A. to be wearing a mask outside their private homes. However, despite these orders, one Los Angeles Councilman says there are too many people in his district who are not adhering to the requirements and are not wearing masks.

Councilman Paul Koretz who represents Bel Air, Westwood, Culver City, Encino, Palms, and South Robertson, says that he sees far too many people walking around his district directly disobeying the mandate. Koretz suggested that there be punishments for those who are not wearing their masks by considering refusal to wear one to be reckless endangerment. Now an L.A. City Council committee is exploring ways to motivate residents to wear masks to help stop the spread of the coronavirus. Recommendations include forms of enforcement including the issuing of citations in addition to a public education campaign explaining the need for masks.

Imperial County in California has been negatively impacted by the virus the most in recent weeks. This county, outside of San Diego, is nearing 23% for their test positivity rate over a two-week period. More testing and increased numbers in hospitalization rates from the virus are causing great unease across the state.

Gov. Newsom announced that he is leaving the COVID-preventative restrictions to be decided by officials in their respective counties. However, if these counties are unable to figure out an effective way of getting their residents to wear masks, Newsom said he would intervene. Newsome urged officials in Imperial County to re-issue the stay-at-home order and shut back down.

How Does the Los Angeles Police Department Feel About Mask Enforcement Measures?

Newsom warned the state that those counties that will not comply with widespread maks-wearing will risk losing some of the $2.5 billion COVID-19 funding. The LAPD has tried to stay on the sidelines thus far, hoping that the public would overwhelmingly decide to wear their masks on their own. Police officials would prefer not to have to issue citations and fines to individuals without masks. There were cases reported of incidents in which people were charged with trespassing when they would not use their masks inside a private business.

June 26, 2020

Authorities Crack Down on Illegal Dispensaries in Chula Vista

by David M. Boertje

At least $10 million in products, close to $100,000 in cash, and five guns were all confiscated by police as a result of raids on illegal marijuana dispensaries in Chula Vista. The police also arrested 15 individuals who were working the illegal operations in addition to one customer. Police Lt. Dan Peak said that the arrests led to six felony and 10 misdemeanor charges.

Residents in the area complained about the illegal operations that were largely located near elementary schools. In 2018, Chula Vista legalized dispensaries but have not issued permits leading to legal cannabis operations. Since 2014, there have been over 50 dispensaries shut down by authorities. Dispensaries that are shut down will often simply reopen after a period of time or relocate their operations, making the initiative to close these businesses down very difficult.

Not only are operations illegal, police argue that they are unsafe for the public. Modifications done to buildings are not approved or inspected and could be a fire hazard or otherwise trap people in an emergency situation. The increase in pressure for recent enforcement measures has upped the ante from civil proceedings to criminal charges. April alone saw six criminal complaints filed. The local police and the City Attorney’s Office with the San Diego County District Attorney’s Office will not back down. These officials plan to continue moving forward with criminal enforcement on those locations which are illegally selling marijuana. The police indicated that at any given time, there are numerous illegally-operating dispensaries.

Marijuana Laws in California

Individuals aged 21 years or older are permitted to have a maximum of 28.5 grams of marijuana in their possession or up to eight grams of concentrated cannabis. Consuming marijuana must be done on private property. If you rent an apartment and the landlord has not given consent for smoking, you are not permitted to smoke. Also, any location where tobacco is prohibited, marijuana is also not allowed.

The cultivation of plants is legal. Individuals aged 21 years or older are allowed to grow up to six marijuana plants indoors or outdoors in areas where it is permitted through local regulations. To do business, both a state and local license are necessary. Without a license, selling marijuana is still a crime in the state of California. Licenses are issued by the Bureau of Marijuana Control. Also, selling to a minor is illegal and comes with felony charges.

Other laws say that driving with marijuana can garner you a fine of up to $100. Those who require medical marijuana can obtain it through non-profit medical marijuana dispensaries. Continue reading

June 19, 2020

More Than 100 Arrested in San Diego Protests Over George Floyd’s Murder

by David M. Boertje

Protests over the killing of of George Floyd by a police officer in downtown Minneapolis came with waves of violence and looting across the country. In San Diego, the aftermath of prolonged protests that melded with rowdy rioters was over 100 arrests being made by the San Diego Police Department. At approximately 2:30 a.m. on Monday, June 1, the SDPD announced that the charges were diverse and included failure to disperse, assaulting officers, burglary, and vandalism.

Due to the unrest, officials decided to close all state buildings with offices located in the downtown area of the city on Monday. Amy Palmer, the spokeswoman for the state Government Operations Agency indicated that the decision was made after discussions between the California Highway Patrol and the Office of Emergency Services, where it was determined that the closures were necessary. The Department of Motor Vehicles all the way through offices that act to license workers and those that provide healthcare were closed down while urging those employees who can work from home to continue to do so.

The protests contained very tense moments. At one point, traffic on Interstate 5 was shut down by the protesters’ presence in the streets. In some instances, officers fired tear gas, flashbangs, and used less-lethal ammunition to control the unruly crowds. Much destruction to the community was left afterward. After the protests subsided, a large group of volunteers spent their day cleaning up businesses that were damaged and picked up debris on the ground from the chaos that took place earlier.

What is Considered “Vandalism”?

When an individual is determined and intent to destroy or bring about damages to property by way of trashing or tarnishing the appearance of the property, defacing it, or ruining it in such a way that its value is decreased, this act is considered vandalism. Vandalism is a willful crime and can include any of the following acts:

Using a marker to write on a public bench
Carving words, letters, or symbols into a public tree
Scratching up a car or slashing tires
Smashing windows
Spray painting buildings

There are other terms that are used synonymously “vandalism.” These include “destruction of property” and “damage to property.” Depending on the state you live in, these terms may describe more serious forms of property destruction. Other states use these terms in tandem with vandalism keeping the crimes in the same category. Crimes associated with vandalism, therefore, vary by state, and as such, so do the penalties.

In general, in order for you to be proven guilty of committing vandalism, the prosecutor must successfully make the case that the following took place:

Your acts resulted in physical damage
Your damage was done to another owner’s property who did not give you permission to change their property’s appearance
Your acts were done intentionally, not by accident

June 12, 2020

San Diego Police Arrest Two Juveniles in Connection With Lawrence Furchell Murder

by David M. Boertje

Two juveniles have been arrested for participation in the death of a 16-year-old boy who was found beaten and lying on a San Diego Street on Wednesday, April 15. San Diego Police Lt. Matt Dobbs said that the homicide was reported at 10:30 a.m. in the 3000 block of C Street in the Golden Hill area. When officers arrived at the scene they found the boy, identified as Lawrence Furchell, laying in the street with head trauma. The officials provided aid to the boy until an ambulance came to transport Furchell to the local hospital for treatment. Furchell died in the hospital.

Homicide investigators were evaluating the scene to determine how the incident took place. They indicated that Furchell was riding in a large black SUV and he suffered blunt force trauma to the head. The two boys who were arrested in connection with the crime were aged 17 and 16. They were booked into juvenile hall on suspicion of murder.

Investigators are still assessing the incident and piecing together the crime scene to determine how the murder happened and why. They are asking the public to contact the homicide unit with any information related to the murder.

How Are Juvenile Crimes Handled in California?

Criminal defendants under the age of 18 can be sent to either juvenile court or tried in adult court, depending on the crime. If sent to juvenile court, there is no jury. A judge will review their case and determine whether or not the juvenile is guilty of a crime. Punishments for young offenders can range from moderate to severe, depending on the crime and the defendant’s criminal history.

Juvenile court may sentence the child to incarceration or non-incarceration punishments. Incarceration options could include:

House arrest
Removal from home shared with parents or guardian to a foster home or group home
Juvenile hall
Probation
Secured juvenile facility
Adult jail
Combination of juvenile facility until the age of 18 then to an adult jail

If a juvenile is at least 14 years of age, the crimes that could put him or her in front of an adult court include:

First degree murder
Rape
Forcible sex offenses with the help of other people
Forcible lewd acts on a child under 14 years of age
Forcible penetration by a foreign object
Sodomy by force or violence

Get the Help You Need From a San Diego Criminal Defense Lawyer

The outcome of your child’s case will stick with him or her for life. If your child is being tried in adult court for murder, he or she could be looking at 25 years to life in prison. It is imperative that if you or a loved one is charged with a San Diego County murder that you immediately seek the counsel of an experienced San Diego murder and homicide defense attorney.

June 4, 2020

San Diego Police Searching for Suspected Murderer

by David M. Boertje

According to San Diego Police, a suspect who killed a man in Lincoln Park is on the lam. The suspect was identified as Michael Anderson, 35-years-of-age, who allegedly murdered 21-year-old Timothy Stewart on March 16. Initially, rescue teams transported Stewart to the Paradise Valley Hospital to obtain aid for injuries to his upper body. At the hospital, Steward succumbed to his injuries.

The incident took place on the 5000 block of Logan Avenue, authorities from the SDPD said. The SDPD has a description of Anderson as a 6-feet tall male who weighs approximately 190 pounds. He has black hair and brown eyes. The SDPD is asking the public to help if they have any information on where Anderson may be hiding out but warn that he is believed to be armed and dangerous.

San Diego Crime Statistics From January 2019 to August 2019

According to the City of San Diego’s Police Department crime statistic map, during the eight-month period between January 2019 through August 2019, the following took place:

31 murders
364 rapes
385 armed robberies
2,198 assaults

The East Village neighborhood had the highest number of murders during this timeframe. There are 3,086 individuals in the state of California who will lose their lives to guns every year. The state comes in at 44 for the most gun deaths when compared to the rest of the country. According to statistics, the state has 51% of their reported gun deaths from suicide, while 44% of gun deaths are from homicides. Across the nation, 61% of Americans kill themselves with guns, and the gun-related homicide rate is 35%.

There are 58 counties in the state of California. Of all the counties that call California home, Los Angeles, San Diego, and Santa Clara counties have the highest gun violence and death rates. There are close to 1,500 deaths by gun homicide each year in the state, making California the 28th-highest for gun-related murders in the country. Black people are affected by gun violence the most. Black people have a 10 times higher rate of death by guns than white people.

Have You Been Charged With Murder and Need a San Diego Defense Attorney?

A felony is the most serious charge you can face, with first-degree felonies receiving the absolute highest punishment for crimes. Any individual who engages in terrorism, treason, murder, rape, arson, robbery, burglary, or kidnapping can be charged with a felony. When you are arrested for felony murder in California, you are looking at many years behind bars, with the potential of never being free. You may even face death. Continue reading

May 29, 2020

Misdemeanor Charges Threatening San Diego Freedom Rally Protest Organizer

by David M. Boertje

Governor Gavin Newsom through Executive Order N-33-20 made the determination that all Californians had to stay-at-home amid the pandemic. Effective as of March 19, the state was essentially shut-down. Now, weeks later, with businesses shut down, massive job losses, and increasing unrest, some people are ignoring the order and hitting the streets.

Naomi Soria, 27, is one of these Californians who openly opposes the stay-at-home order so much so she organized a protest in downtown San Diego. Soria, along with hundreds of other protestors, congregated on Saturday afternoon in front of the Hall of Justice demonstrating during a “Freedom Rally.” Now Soria is facing a legal battle as she is being threatened with potential misdemeanor charges for organizing and ignoring the governor’s order. With the misdemeanor charges, she is possibly facing 90 days in jail as well as a pricey $1,000 fine.

According to the SDPD, Soria is the only one of the hundreds of protestors that demonstrated to have a case submitted to the city attorney’s office. A spokesperson for the SDPD explained that because she was the organizer of the rally, she was in violation of the stay-at-home order. Soria remains defiant as she continues to exercise her constitutional rights arguing that she is protected by “all the amendments.”

The Center for American Liberty (CAL), a nonprofit organization is providing legal representation to Naomi Soria. This organization is also active in its efforts to oppose the public health order. CAL filed a lawsuit against Gov. Newsom because the order prohibited in-person church services.

Soria plans to continue to hold protests despite the threat of charges. The SDPD said they are aware of the future gatherings and have indicated that if they do take place, they may recommend additional charges be brought against her.

Are There Individuals Who Oppose These Freedom Demonstrations?

There are individuals and groups that oppose Soria’s efforts. The belief is that there should have been citations given to the protestors who ignored the orders of not gathering in large groups and not staying six feet apart.

Some religious leaders also questioned the authorities’ response to the gathering. They wanted to know why protestors were allowed to gather without penalty while churches will be penalized if they have in-person church services. The SDPD has responded by saying that although the events were not prevented from happening, there would still be legal repercussions, specifically for the organizers of the demonstrations.

Get the Help You Need From a San Diego Criminal Defense Lawyer

Soria’s legal team is aggressively defending her right to participate in constitutionally protected activities such as the right to assemble and the right to petition the government. Soria’s actions have put her in violation of Code 8665 because she willingly neglects to obey the public health order. Continue reading

May 22, 2020

38-Year-Old Man Arrested For Sexually Assaulting Woman at Poway Community Park

by David M. Boertje

A 38-year old man was arrested and put in jail on suspicion of attempting to sexually assault a woman. The San Diego County Sheriff’s Department indicated that the incident allegedly occurred during the daytime at approximately 10:30 a.m. at the Poway Community Park on Civic Center Drive. The man was identified as Ryan Joseph Rasmussen. According to reports, Rasmussen grabbed a female victim from behind and aggressively pulled her to the ground where he tried to sexually assault her.

Sheriff’s Lt. Chad Boudreau said that a nearby witness heard the woman scream and then saw the incident take place. The witness then pulled the suspect off of the woman. The suspect fled the area on a bicycle and was gone before the police arrived at the scene.

Rasmussen was eventually arrested by detectives “without incident” on suspicion of assault with the intent to commit rape. He was booked into San Diego Central Jail on Monday night, March 30 at approximately 10:30 p.m. He is currently being held in the jail and has a tentative arraignment scheduled for April 6.

How Does the Law Respond to Sexual Assault in California?

There were over 31,000 sexual assault victims between 2011 and 2012 in California that received medical treatment in a rape crisis center. It is believed that close to 9 million people have been victimized by some type of sexual violence in the state. It is likely that there could be many more individuals who have been victimized by sexual violence in the state who are not reflected in the statistics. The reason for this is it is difficult to get accurate statistics regarding sexual violence crimes because they often go unreported. While women are the most affected by this violence, men are also victims. Approximately one-third of reported sexual assault cases in the state of California have male victims.

The Sexual Assault Response Team (SART) is San Diego County’s specialized force that responds to sexual assaults in the community. The team includes a nurse examiner who has specialized training to collect evidence and provide medical assistance. There is also an officer who investigates the assaults in addition to being an emergency response resource. Last, a victim advocate helps the victim with emotional support and supplies helpful information.

If you are convicted of sexual assault in California you are facing upwards of 48 months in prison with a fine that can be as high as $10,000. Continue reading

May 15, 2020

No Dismissed Charges for Full House Star Lori Loughlin in the College Admissions Scandal

by David M. Boertje

The Full House star, Lori Loughlin was denied her defense’s motion to dismiss charges against her and her husband Mossimo Giannulli, the fashion designer, in the ongoing college admission-bribery scandal. In October, Loughlin and her spouse will go to trial for their roles in paying bribes for their children to be admitted to top colleges. Her defense argued that key evidence was withheld and notes made by William “Rick” Singer were not turned over in a timely manner. The courts determined that the actress and her husband will not have their cases dismissed because they believed that the government did not lie and mislead.

According to prosecutors, Loughlin and Giannulli paid in excess of $500,000 to obtain entrance into the University of Southern California for their two daughters. The couple counters by saying they did not think they were bribing but were instead making a legitimate donation.

According to the government, they did not tell William Rick Singer to lie. Instead, they instructed him to describe the scheme he orchestrated so that parents who participated very well knew that they were paying bribes, not donations. The belief is that agents were implicit on coaching witnesses like Singer to draw out incriminating information from others during an investigation which is a practice that is allowed. Singer, the orchestrator of the college bribery scandal has been willing to work with authorities for over a year.

What is “Operation Varsity Blues”?

In 2019, Operation Varsity Blues, as it was nicknamed, was a scandal that rocked the admission decisions of many of the most prestigious American colleges. Parents were paying William Rick Singer millions of dollars to ensure their children would be admitted into specific universities. Singer used a portion of the money to falsify entrance exam scores as well as to bribe college administrators, and the rest to line his pockets. For Singer’s part, he faces 65 years in prison and will have to pay $1.25 million in fines.

This college bribery scandal became the most massive of its kind in U.S. history to be prosecuted by the Department of Justice. Some of the parents involved in the scandal were well-known business people and celebrities. Those named in the scandal may spend up to 20 years in prison, three years of supervised release, and a $250,000 fine for their part in the crime. Continue reading

May 7, 2020

Three Arrested at Moonlight Beach for Ignoring Beach Closure Orders

by David M. Boertje

Three people ignoring California’s stay-at-home order and violating the beach closures were arrested. According to Lt., Amber Baggs of the San Diego Country Sheriff’s Department, the three individuals were participating in a rally held at Moonlight Beach.

When authorities encountered people walking along the beach they told them about the county public health order. While the deputies were explaining the situation, the individuals who were violating the order just sat down. The deputies provided the protestors with multiple opportunities to comply but they refused and as a result, were put under arrest.

Others in the group of protestors broke apart and headed toward Swami’s Beach Park where they eventually left the area and were not subject to legal action by the authorities. The protest was organized by Crista Anne Curtis, and she called the event “The Surf’s Up Shred the Tidal Wave of Tyranny” protest. This was the second event that Curtis organized.

In addition to this beach protest, there was another one planned at the Pacific Beach lifeguard station by a different activist. Naomi Soria, who had previously organized a similar march in downtown San Diego, used social media to get the word out about the event. She called her planned beach protest “A Day of Liberty San Diego Freedom Rally.”

Effective March 19, Governor Gavin Newsom’s Executive Order N-33-20 declared a state of emergency in California and directed all Californians to stay at home. Soria is looking at charges brought forth by the San Diego Police Department to the city attorney’s office for violating Code 8665.

What is Code 8665?

Code 8665 states that if an individual willfully disobeys any provisions or lawful orders and regulations by the state they will be guilty of a misdemeanor. If convicted of the misdemeanor charges, they will be fined up to $1,000, or they may be sent to prison for up to six months. In some situations, they can face both the fine and imprisonment.

The First Amendment of the U.S. Constitution guarantees all Americans freedom of religion, speech, freedom of the press, the right to assembly, and the right to petition the government. The public health order infringes on the right to assembly, but there are many legal minds that believe the courts would side with the public health order. The government has vast, and expansive powers during a public health crisis.

While others say there is a significant difference between requiring an infected person to be quarantined versus wide-spread demands that healthy, low-risk individuals also essentially be quarantined. Mass lockdowns encroaches on American’s most fundamental rights as well as the freedom to move and travel.

Have You Been Charged With a Misdemeanor in San Diego?

Since all of California is still under the stay-at-home order, it is becoming more and more common for residents of the state to want their freedoms back. Incidents were stepping out to enjoy the beach or to congregate in large groups is being monitored by the authorities and threats of arrest or actual detentions are on the rise. If you have been arrested for violation of Code 8665, contact the Law Offices of David M. Boertje immediately. Continue reading

May 1, 2020

Incarcerated Mother, San Diego County, and HHSA Sued by Children After 2018 DUI Crash

by David M. Boertje

On Friday, March 27 a lawsuit was filed in San Diego federal court on behalf of three very young siblings who sustained injuries in a head-on crash on November 12, 2018. The suit is being filed against the children’s mother, who was driving the car while intoxicated.

Mayra Alejandra Gonzalez, 30, drove on the wrong side of Camino del Norte and smashed into another vehicle head-on. The driver of the other car was injured as a result of the crash. Gonzalez had a blood alcohol content of .29% after the crash, which is more than three times the legal limit.

Her three children sustained significant injuries from the incident. Her 9-month-old daughter was not in the proper child safety seat during the crash, but instead was being held by one of her sisters. When the accident took place she was thrust into the vehicle’s windshield and sustained a skull fracture and brain bleed. The young child still requires a feeding tube. Gonzalez’s two other daughters, aged 2 and 8, had facial injuries.

The suit alleges negligence and many other allegations against Gonzalez, San Diego County, and three social workers. The suit claims that the county was negligent in preventing Mayra from continuing to drive drunk, which she had done many times before the November 12th crash. She had a documented history of drunk driving, and social workers employed at the county’s Health and Human Services Agency were aware of her reckless behavior but ignored it, which put the children in immense danger.

There were four incidents in which Gonzalez was inebriated when she was driving with at least one of her children as a passenger in the car. Three were crashes that law enforcement and HHSA knew about. A crash in 2015 recorded her BAC at .26% and social workers indicated that services were necessary to assist Gonzalez and protect her children. However, no services or plan was made available and she was not required to attend substance abuse classes or parenting classes.

In 2016, she was driving drunk while pregnant and while her 5-year-old daughter was in the car. She caused another DUI crash which resulted in her arrest. She was charged with a felony and was sentenced to five years of probation. Even though social workers considered her a high risk to the safety of her children, they did nothing to intervene and help.

Gonzalez pled guilty to felony child abuse and DUI from the November 12th crash. She is currently serving her 14-year sentence in state prison.