San Diego Criminal Lawyers Blog

April 3, 2026

Federal Immigration Crimes and Deportation

Criminal convictions come with grave penalties in the state of California, and no one is at greater risk of receiving serious penalties than non-citizens who reside in the United States. This is because a conviction for a serious crime can lead to federal deportation proceedings, even for permanent residents, those with asylum status, with visas, and with refugee status. It is critical that non-citizens have a vigorous criminal defense to have a chance at maintaining the life they’ve come to know here in the United States.

Who are We Talking About?

Legally, those classified as aliens who are deportable for criminal offenses include anyone who is not a legal or naturalized citizen, including:

Anyone living here on an expired visa;
Anyone who entered the country illegally;
Anyone with a current visa, asylum status, refugee status, or a green card.

Offenses that May Lead to Deportation

Federal removal proceedings can occur following a period of time in a federal ICE detention facility. ICE is tasked with reviewing the records of any undocumented individuals in order to determine whether the charges include either aggravated felonies or crimes of moral turpitude, both of which qualify as grounds for removal. Some of the most common aggravated felony convictions that could lead to deportation include, but are not limited to:

Crimes involving a minor, including sexual abuse, rape, and murder;
Offenses involving child pornography;
Domestic violence, including child abandonment or neglect;
Trafficking of controlled substances;
Marijuana offenses—even when state law permits marijuana use;
Offenses relating to firearms, including trafficking of firearms or explosives;
Money laundering;
Theft, burglary, or receiving stolen property;
Kidnapping with a ransom demand;
Offenses relating to gambling and/or racketeering;
Offenses related to prostitution and/or human trafficking;
Fraud resulting in victim losses exceeding $10,000;
Counterfeiting a passport or other government document;
Obstruction of justice, including perjury, bribery of a witness, or other related charges.

What are Crimes Involving Moral Turpitude?

While crimes involving moral turpitude are not clearly defined, they generally are understood to include a combination of inexcusable behavior and reckless conduct or deliberation. In other words, there must be clear evidence of reflection/forethought or intent to commit the crime, which often is a crime involving fraud of some kind. The government will have the burden of proving that the defendant acted with cunning in order to get a conviction, so rebutting these charges is crucial.

Other Things to Know

The definition of “conviction” extends beyond a verdict handed down by a jury when it comes to immigration issues. Guilty pleas and no contest (nolo contendere) pleas are also considered convictions, meaning non-citizens must be very careful as they weigh their options in these criminal matters. Continue reading

March 27, 2026

Why is Truthful Testimony Deemed Not Credible?

by David M. Boertje

The anxiety is very real for anyone who has been in an interrogation room or on the witness stand and cannot provide basic details about a crime for which they are a suspect. It is clear that questioners doubt the veracity of the answers provided. Why is it that some people are completely unable to recall the type of vehicle, the style of clothing of others at the scene, or other important facts? Why can’t they remember? They were present, after all! While some prosecutors may view this inability to produce details as a sign of suppression or lies, there may be a more feasible explanation: aphantasia.

Aphantasia: Understanding the Condition

When a person can’t produce a mental picture of previous events, it may be because they have a condition called aphantasia. This condition can affect anyone, irrespective of a person’s intelligence level, attention level, or degree of sincere effort to recall. It is a cognitive ability that is simply non-existent for about four percent of the population. Sufferers find that it is literally impossible to summon up an image of a scene, a person, or, in some cases, even the sequence of events relative to a particular experience. This is not a problem of merely having a bad memory. It is the inability to picture things in one’s mind and recall those things at will.

Why is it a Problem in Court?

The obvious drawback for individuals with this condition in a courtroom is that credibility is generally associated with accuracy and truthfulness, as judges, juries, and others evaluate. As such, a person who produces inexact or nominal details, whether as a witness or as a suspect, can seem unreliable, which can mushroom into unbelievable. When a judgment is made that testimony in an interrogation room or on the stand is coming from someone who is not credible, it can stain the entire case in a damaging way, with the ultimate possibility of generating a wrongful conviction.

Addressing Negative Impressions Caused by Aphantasia

We all know that it can be extremely difficult to change initial impressions. That is why it’s important for a defense attorney to recognize Aphantasia, educate the jury about its effects, and establish that typical law enforcement interrogations do not serve those with the condition very well. Reliability factors are flexible, so stressing the other strengths of a case that back a version of events in which the defendant’s account is believed is the goal. Above all, it is important to demonstrate to jurors that the lack of a visual memory is not tantamount to a lack of credibility. Building a defense, then, should lean more heavily on elements other than visual memory, such as:

Diagrams that order events for individuals who are spatial thinkers;
Timelines of events created based on known facts;
Calendar entries that might prod a defendant’s memory;
Receipts that can clarify questions of what, where, or when;
Time stamps, audio recordings, or video recordings;
Phone, email, and other digital records;
Anchors or routines of the defendant.

March 20, 2026

Understanding the Alford Plea

by David M. Boertje

There are times when defendants have occasion to use unique methods to address their criminal charges. One such method is called the Alford plea. It is a little-known approach that some defendants can consider under very limited circumstances. What is it, and when is it a good idea?

What is the Alford Plea?

California law allows defendants who maintain that they are innocent despite significant evidence to the contrary to enter the Alford plea. It is similar to a nolo contendere—or no contest—plea, and the defendant may be convicted and sent to prison without ever having to admit guilt. It is useful for defendants who are afraid that the risks of a trial may be greater than the plea itself.

Advantages of the Alford Plea

Defendants may maintain their claims of innocence, which is an important goal for many who wish to have it recorded as such rather than plead guilty to lesser charges.
One key benefit of the Alford plea is that defendants have a relatively quick and inexpensive method of addressing their charges. They avoid a long and costly trial, along with the stress and uncertainty of a trial.
The Alford plea can lead to discussions of a plea bargain for those interested.
The uncertainties and apprehensions of a trial are minimized, eliminating a trial verdict.
Defendants can be sentenced without the ordeal and emotional disruption of a trial.
When there is a concern about being able to find an impartial jury, such as in high-profile cases, there is no need to seat a jury.
The exhibition of a court case is avoided, giving the defendant a discreet, more private resolution to the case.
Oftentimes, the judge may believe that a lighter sentence is appropriate than what a jury might choose.

Disadvantages of the Alford Plea

Although still claiming innocence, the defendant will nevertheless be sentenced, have a criminal record, and endure all the effects associated with that, from social disgrace to future challenges relating to employment and housing.
Some research suggests that defendants actually wind up with longer sentences when choosing an Alford plea compared to those who simply receive a guilty verdict.
Sometimes, defendants may feel pressured to take an Alford plea because they are so fearful of the case going to trial, even if it is not the best option for them.
When it ultimately comes time to petition for parole, it is possible that defendants may be viewed as lacking remorse because they’d maintained their innocence throughout the process.
The public may misinterpret the plea and be confused about the actual innocence or guilt of the defendant.
Victims and their families may find the outcome unsatisfying because they wish to hear a defendant take responsibility for the crime.

March 13, 2026

Are Strip Searches in Schools Legal?

by David M. Boertje

Although it sounds incomprehensible, there have been multiple accusations of school personnel, such as counselors, teachers, principals, nurses, and school security police, strip-searching students in elementary and secondary schools across the country. In some situations, the adults were on a search for contraband like vape pens or marijuana. Other cases involved a concern that there may be signs of abuse, while about one in ten cases were based on a search for weapons. Is this legal?

Disturbing Allegations

If it sounds improbable, consider these documented cases:

An eighth-grade girl who has special needs and was menstruating was required to strip, lift her breasts, and spread her legs in front of the school principal, who was looking for marijuana.
A 7-year old girl who was accused of stealing $3.00 from her teacher was forced to remove both her leggings and underwear by the school’s administrator.
A male high school student who has autism was ordered by a security officer to undress in a classroom while other students were nearby. The student was required to pull down both his pants and his underwear as the officer looked for a vape.
A 5-year-old suffered through multiple vaginal exams by school nurses who were looking for indications of abuse.

Troubling Statistics

The reported cases are cause for concern:

More than 80% of searches were conducted by school staff, with the remainder being conducted by school resource officers;
Students in over 12% of cases were stripped down to only underwear;
Three in ten documented incidents involved students being forced to pull down their pants and/or lift up their shirts;
In 15% of cases, students were directed to remove their underwear;
In just under 1% of situations, vaginal exams were performed;
45% of the time, officials from the schools were looking for drugs, vapes, or money;
10% of these searches involved a quest for weapons (in which none were found);
Adults were looking for signs of abuse in 30% of cases;
In nearly 40% of cases, the search was conducted by an adult of the opposite gender.

Effects on Students

Invasive? Harrowing? Humiliating? Embarrassing? These words and more describe strip searches for students in schools. The American Bar Association, in fact, notes that strip searches are harmful because they violate a child’s sense of dignity, and even and impacts healthy brain development. The truth is, many, if not most, schools have no policy addressing strip searches. And as debasing as it may be, it is not illegal, as long as there was reasonable cause to conduct the search. What that means is up for debate: Justice David Souter of the Supreme Court wrote that the “content of suspicion” must “match the degree of intrusion.” Continue reading

March 6, 2026

A Look at New Federal Sentencing Guidelines

by David M. Boertje

In late 2025, Federal Sentencing Guidelines were updated and took effect with an eye toward reducing circuit splits, reforming sentencing procedures and outcomes, and giving judges more discretion by basing sentencing more heavily on individual situations, as well as by revising various other sentencing rules. The Guidelines Manual is now available for anyone to see, and the impacts will be felt across multiple areas, from supervised release to sentencing and legal interpretations.

Enhancements for Fentanyl Misrepresentations

Fentanyl deaths have been rampant in the country, and often occur when the user of a substance doesn’t realize that the pill they are taking contains fentanyl. Defendants were formerly able to get around federal enhancement rules by claiming that even though they did not know that the substance they were selling as, say, cocaine, contained fentanyl. Their claims of “I had no idea” were helpful in avoiding certain enhancements unless the prosecutor could show that there was willful blindness associated with the claim. That standard has been changed to require a defendant to display reckless disregard, which will be less difficult to demonstrate.

Machine Gun Definitions Aligned

Semiautomatic guns can be transformed into completely automatic weapons using machine gun conversion devices (MCDs). These kits, often called auto sears or Glock switches, have been defined differently in the Gun Control Act and the National Firearms Act, which has led to some confusion and varying applications. The new law clarifies that MCDs are to be treated as machine guns, bringing about a more unified approach to potential enhancements.

Enhancements for Restraining Victims

There have been differing interpretations among circuit courts as to what constitutes restraining a victim during the commission of a crime. New rules tapered the definition of restraint to mean only the physical restriction of a person by tying them up or through similar physical means. Courts will no longer interpret the restricted movement of a victim through intimidation with a gun or other weapon as a possible enhancement for sentencing, which will decrease the ability of prosecutors to add time to charges when actual physical restraints were not used.

Supervised Release

New rules focused on reducing supervision for people who may not require it following a period of incarceration are on the books. Personalized sentencing determinations within guidelines are intended to provide options to assist with rehabilitation efforts, rather than simply serving as an extension of punishment. The latest requirements call for the following:

Contemplating the circumstances of the crime, along with the characteristics and history of the defendant in question;
Ensuring that sentences are proportionate to the seriousness of the crime and are geared toward public protection, criminal deterrence, and providing the education and medical care necessary for success;
Making an effort to reduce sentencing disparities;
Meeting victim compensation needs following a conviction.

Retroactivity

Since some of these changes will reduce sentences, the Commission is required to determine whether the changes will apply retroactively to people who are currently incarcerated. Continue reading

February 27, 2026

Sex Offender Registration in California

by David M. Boertje

California law is harsh when it comes to sexual offenses. Anyone convicted of sexual assault faces particularly severe penalties, including significant time behind bars and large fines. Beyond that, anyone convicted of a sexual crime must register as a sex offender. These types of charges plainly impact defendants long-term. Defending against them requires the proficiency and tact of an experienced criminal defense attorney.

Registration

After being released from a mental hospital, prison, jail, or probation, or after moving to the state of California, every convicted sex offender in the state of California is required to register with the California Sex Offender Registry. Offenders are obligated to check in at annual intervals within five working days of their birthday. Those offenders with a history of violent crimes are required to check in more frequently. Any address change must be notified within five working days. The length of time an offender remains on the registry is based on tiers, which are determined based on the crimes involved:

Tier I: These are lower-level offenders who have been convicted of misdemeanors such as sexual battery or indecent exposure. Such individuals are required to be registered with law enforcement for 10 years.

Tier 2: Mid-level offenders who have been convicted of crimes such as lewd conduct with a child must remain on the registry for 20 years.

Tier 3: High-level offenders who have been convicted of crimes such as sexual assault or rape or who have been convicted of repeated sex crimes are mandated to register for the rest of their lives.

Juvenile offenders at Tier 1 and 2 are eligible for a reduction in the number of years they register with a petition to the court.

California Registration Information Display

The registration process involves informing law enforcement of information such as living arrangements, employment, student status, driver’s license number, vehicle information, and volunteer work. Updates are mandatory when there are changes to this information. Anyone who lacks a permanent residence must report to the registry monthly to notify police where they are sleeping. Certain registrant information is publicly available on the website, and the content of the display is based on the offender’s conviction:

Certain low-level offenders may be excluded from the website;
Some offenders have just their ZIP code, county, and city posted;
The most serious offenders have their home address included in the post.

Compliance Failure

Offenders who fail to comply with these requirements could be charged with a felony, resulting in up to three years behind bars. Third-strike offenders and repeat offenders could find themselves facing 25 more years in prison.

Additional Restrictions

Offenders may be subject to restrictions on phone, computer, and digital use depending on the crime and other factors. Continue reading

February 20, 2026

Your Rights Regarding Federal Search Warrants

by David M. Boertje

What could be more menacing than having a group of federal officers arrive at your house with a warrant demanding entry so they can conduct a search? These incidents occur all the time with little or no notice, after federal agencies conduct investigations, and people get caught up in the net. Now, more than ever, you need an experienced criminal defense attorney by your side protecting your rights.

What are Your Rights?

The Fourth Amendment offers clear and reliable protections for anyone facing federal searches, and those protections include the following:

The right to remain silent: You are under no obligation to tell agents a thing, and it’s wise to zip up because anything that you say could wind up causing problems for you down the road. Silence is your friend in this situation.

The right to an attorney: Federal agents are allowed to proceed with their search prior to the arrival of your attorney. That means it would be in your best interest to make a quick phone call to your lawyer. Ultimately, your legal counsel can work to keep the search within the scope of the warrant.

The right to read the warrant: In the event agents fail to produce a warrant, they cannot conduct a search. Immediately obtain a copy of any warrant, read it, and monitor whether agents are at the right location, know the specifics of where they can look, and know what they are looking for.

The right to watch the search: If agents try to force you to wait outside while they go through your home, tell them you are asserting your right to observe their search. As long as you’re not obstructing the officers, you have every right to be there.

The right to have your property protected: Agents are not allowed to tear apart your house unnecessarily and damage your property during the search.

The right to be protected from overreach: Any federal warrant will have clear parameters, and officers are not allowed to search beyond those limitations without your permission, which you are under no obligation to give. If officers are looking for stolen gold bricks, it’s not reasonable for them to search your medicine cabinet, for example.

The right to record the search: You have every right to videotape the search, or, at the very least, take notes during the search—as long as you do so without getting in the way of their work. This documentation could prove useful if undue damage occurs or there are other issues that come up. Continue reading

February 13, 2026

Child Abuse or Child Endangerment Charges

by David M. Boertje

If you have been charged with a crime related to children, you probably already know that you are looking at some serious scrutiny and condemnation. That is why having a hard-hitting and proficient attorney fighting for your rights is essential.

Understand the Charges

The charges of child abuse and child endangerment are very different. Child abuse refers to intentionally inflicting physical, sexual, and/or mental abuse on a child. On the other hand, child endangerment is a matter of exposing a child to potential harm, even if no harm was intended. Endangerment charges may be filed even if actual physical harm to a child did not occur. Rather, it is a matter of potential danger.

Examples of Abuse

Child abuse may occur in many ways. Criminal charges could be filed for any of the following:

Causing physical harm to a child by hitting, kicking, or otherwise inflicting pain;
Intentionally withholding food or care, restraining, or caging a child;
Withholding essential medical care;
Demeaning, bullying, harassing, or otherwise inflicting emotional trauma on a child;
Neglecting the basic needs of a child.

Examples of Endangerment

Like child neglect, child endangerment is a matter of risk of harm to a child related to being put in harm’s way. It occurs under various circumstances, some of which include:

Driving while inebriated or under the influence of drugs when a child is in the vehicle;
Leaving a child in a hot car while doing errands;
Keeping a loaded firearm within reach of a child;
Leaving a toddler in the bathtub unattended;
Sanctioning the use of drugs or alcohol for minor children;
Leaving young children unattended for long periods of time;
Failing to seek medical treatment for a sick or injured child.

Whether you are the parent or not in these situations, you could be arrested for child endangerment if you were responsible for situations like these.

Penalties

The penalties for these crimes are significant and vary depending on the circumstances and previous offenses. At a minimum, a conviction could land an offender behind bars for up to one year, and at a maximum, for six years. Enhancements and related charges could add several more years to a sentence. Issues considered in sentencing include:

The age of the child;
Whether a traumatic injury occurred;
Whether there have been previous convictions of a similar nature.

Potential Defenses

Defending these charges in California can be a challenge because they are so emotionally charged. The public and the courts alike take child safety very seriously. Possible defense strategies may include:

The crime did not happen;
The crime did occur, but someone else was responsible;
Something happened, but not what has been charged.

February 6, 2026

Was it a Crime of Passion or Just Plain Old Murder?

by David M. Boertje

An offense committed in the heat of intense emotion, such as rage, despair, or jealousy, is sometimes called Crime passionnel and more commonly referred to as a crime of passion. That emotional surge presumably affects a person’s capacity to think lucidly and wisely. It is a concept with well-defined parameters in the legal world, and could mean the difference between being convicted of premeditated murder or the lesser charge of manslaughter.

Provocation is Key

Crimes of passion are always provoked and occur with no foresight and with no time to cool down. Liability and penalties, though not entirely eliminated, are often reduced because the criminal activity was not premeditated. The common example of coming home to find your spouse in bed with someone else is the classic case that demonstrates how enraged one might be, making their actions somewhat more understandable. The legal principle is based on how a reasonable person might act at the height of this emotion. To be clear, the crime of passion defense is certainly not an attempt to pardon the individual of all wrongdoing; it is simply a way contextualize the crime and to help jurors relate to the situation in the hopes that it will result in a lesser sentence.

California Statute

Every state handles crimes of passion slightly differently. Here in the Golden State, California Penal Code Section 192(a) actually calls out the crime as a voluntary manslaughter that occurs during the heat of passion following significant provocation. The standard of proof, as in most states, is whether the defendant acted as a reasonable person might under similar circumstances. The crime must occur directly after the incitement, with no time in between to think about the situation or weigh response options. The resulting penalty could range from three years in prison to 11 years.

Less Egregious than Murder

In contrast to a crime of passion, a second-degree murder conviction, one that may not have been premeditated or even that occurred in a turbulent moment of passion, but that occurred with malice, could result in fifteen or more years of imprisonment. First-degree murder– one that is a premeditated and deliberate killing– could put a perpetrator behind bars for a lifetime. Under California’s three-strikes law, sentences can be doubled for a third strike. Continue reading

January 30, 2026

Tracking Systems that Follow Americans

by David M. Boertje

Although most Americans understand that surveillance techniques are becoming more common every day, most are likely not aware of the lengths to which the government goes to track us. The truth is, government tracking occurs more frequently and, in more ways, than most would guess. Incredibly, it is often a matter of large-scale efforts, aerial and physical surveillance, and even biometric data that can impact us all. Why all the data collection? Government agencies such as DHS, NSA, FBI, and CIA say crime prevention and national security require it.

Some Specifics

Internet searches, browsing patterns, messaging, and more are available for mass data collection. Under the Foreign Intelligence Surveillance Act (FISA), phone metadata that travels through undersea cables and internet hubs is accessible without a warrant when that data interacts with foreign entities. Thus, the government can identify the numbers called, as well as the location and duration of calls. Government agencies also use cell-phone data for geolocation on a large scale to determine who was in the vicinity of a crime. The facts around surveillance in this country are disquieting:

Literally hundreds of millions of American citizens have had their data collected by the Intelligence Community. Mass surveillance operations include efforts to follow texting patterns, listen in on phone calls, and eavesdrop electronically.
Some federal agencies oversee numerous social media platforms that typical Americans interact with daily, from X to Facebook and beyond.
Aerial surveillance by drones or manned aircraft allows arbitrary mass surveillance of rural and/or urban areas. This is particularly worrisome because there are very few privacy protections on the books in this area. Along with high-resolution cameras being utilized, there are drones with license plate readers, facial recognition technology, motion detectors, infrared cameras, and heat sensors.
Automated license plate readers (ALPR) are ever-present these days, and the data from Flock, the company behind the readers, is available to basically anyone who wants it. Recently, much of this information has been used to identify the movements of immigrants in the country.
Government entities also purchase personal information from data brokers, which is a simple and fast way to get personal information without a warrant.
Facial recognition technology (FRT) is operating in more and more public spaces as retailers opt for the ability to scan customers’ faces in order to hunt for alleged shoplifters and other individuals who have been targeted by law enforcement. BOLO alerts (be on the lookout for) from police are turning this type of surveillance into what some call a “mass surveillance machine,” one that is frequently misused, imprecise, and often is responsible for wrongful arrests.
All of these forms of surveillance are out there being used with regularity, oftentimes collecting data on innocent and unsuspecting individuals.