San Diego Criminal Lawyers Blog

February 6, 2026

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

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.

January 23, 2026

If ICE Agents Stop Your Vehicle

by David M. Boertje

Aggressive ICE tactics toward people who are in their vehicles have been hitting the news of late, oftentimes with disturbing video and witness commentary. We have observed officers blocking vehicles with their often-unmarked SUVs, smashing through car windows, dragging people from their cars, and, worse yet, shooting into vehicles. It has America feeling out of sorts, to say the least, and merits a review of the rights we all have—citizen or not–when it comes to being approached by ICE agents while in a vehicle.

As ICE Approaches

Immigration Customs Enforcement (ICE) officers have been observed swarming a vehicle, which surprises and overwhelms motorists. Even though a situation like this may be alarming, it’s wise to remain calm when interacting with these officers. Whatever they ask of you, it is important to assert your rights, even when it appears that officers are ignoring your words. It could later prove to be valuable in a legal case if things progress that far. Regardless of the situation, your citizenship status, and your race, you always have the right to remain silent and to request an attorney.

January 16, 2026

Fighting Charges of Domestic Terrorism

by David M. Boertje

Contemporary events in Minneapolis escalated rapidly when the conflict between ICE agents and protestors led to the deadly shooting of Renee Good, a woman who was accused of trying to use her car as a weapon against a law enforcement officer. That officer shot her in the head multiple times. Federal authorities were quick to label Renee Good as a domestic terrorist. If you find yourself in a similar situation and facing a similar label, here’s what you need to know.

Federal Statutes

Under federal law, domestic terrorism is any ideologically motivated violent or dangerous criminal act that is intended to coerce civilians or to influence government conduct or policy in this country. While no actual provisions specifically ban domestic terrorism per se, several federal statutes fit within the statutory definition. In a nutshell, domestic terrorism includes acts that endanger human life in violation of state or federal laws and that seem to be intended to:

Coerce/ intimidate civilians;
Sway government policies through acts of intimidation;
Impact government deportment with kidnappings, assassinations, or mass destruction.

Other provisions include the potential for charges for providing material support, which would include:

Being aware that one’s support will be used to commit terrorism;
Knowingly harboring a terrorist;
Knowing that the support provided will go to an organization with an official terrorist designation.

Additional federal charges related to domestic terrorism that have been used in prosecutions over time include:

Operating weapons of mass destruction, including chemical weapons, bombs, or bioweapons;
Crimes related to arson and/or explosives;
Attempting to or successfully killing a federal officer;
Destroying government property;
Using violence or threats to interfere with commerce;

Penalties

Unless an accused domestic terrorist is killed– as in the case of Renee Good–charges of domestic terrorism can lead to significant penalties:

The death penalty, or life in prison;
Public judgment and rebuke ;
Isolation;
Inability to provide for and interact with family.

Defending Charges of Domestic Terrorism

Prosecuting this type of crime requires a heavy burden on prosecutors. They are required to demonstrate the following:

The attack was planned in order to incite fear;
Threats and/or violence were used;
The act was politically or religiously motivated;
The incident targeted civilians or federal officers.

Charges may be levied even in the event a suspect never followed through with the terroristic actions, such as if a bomb was built but not actually used. Even threatening to bomb a bridge, for example, could result in charges. Aiding and abetting charges could land on anyone taking definitive actions to support the alleged terrorist.

Defenses might include a claim of mistaken identity or of false charges and could be bolstered by a strong alibi and evidence that the defendant had no ideological basis to be involved in the crime. Continue reading

January 9, 2026

What Happens at a Parole Hearing?

by David M. Boertje

Anyone who is serving a long prison sentence may eventually petition the parole board for early release. There are things that can be done in advance of this important hearing starting right at sentencing so that as the parole hearing date nears, one will have more confidence in the possibilities. Prisoners will be allowed to make a statement, as will victims. While there is no real way to impact what victims may say, a petitioner can surely take steps to make a good showing.

Showing Remorse

An important issue the parole board will be looking at is whether a prisoner’s remorse is sincere. They will expect a detailed explanation of the events leading to incarceration and will scrutinize prison conduct, including the programs and educational opportunities taken advantage of, as well as any negative incidents that occurred. This will all be indicators of personal growth, reform, and regret, or the lack thereof.

Having a Post-Release Plan

The board will also be interested to hear about intentions post-release. They will want to know whether the root causes of the criminal behavior have been examined and addressed. Their concerns will include future employment and housing plans, support networks, and the ability to avoid people and circumstances deemed dangerous to one’s ability and willingness to contribute to society while avoiding illegal entanglements.

Victim Impact

Victims will be allowed to make statements and send letters to try to influence the board’s decision, and the impact of your crimes on victims will be weighed, in addition to any details and special circumstances relating to the crime.

The Risk Assessment

A statistical calculation that looks at criminal history and other risk factors, such as substance abuse, education level, and job options, will be created based on all of this information. This risk assessment will use all available data to estimate the likelihood of recidivism—or reoffending. It is all thrown together to come up with a risk score to assist the parole board in balancing the value of granting early release against public safety considerations.

Following the Hearing

The parole board will consider the case in its entirety after the hearing to determine whether to grant a petition for early release. If granted, a release with severe supervision and clear expectations will follow, with total compliance expected in lieu of being returned to prison. If release is denied, reasons will be given, and reapplication may occur at a later date if certain conditions are met. Continue reading

January 2, 2026

Is a Polygraph a Good Idea?

by David M. Boertje

You are all about demonstrating your innocence, so when law enforcement asks you to take a polygraph test, it seems logical to comply. You have nothing to hide, after all. You couldn’t be more mistaken! There are lots of reasons to steer clear of lie detector tests.

Just Say No

Along with the fact that the results of your polygraph test will not likely be admitted in court, and the fact that a “conclusive” result showing you to be telling the truth will not persuade police to release you, there are some very compelling reasons to avoid taking one, including:

The police are not interested in helping to prove your innocence. If you are a police suspect, there are no laws or rules for police about lying to you in order to confuse or frustrate you. You may have passed with flying colors, only to be told by detectives that the test confirmed your guilt in the hopes that you’ll crumble and confess.
On the other hand, there’s the chance that you might actually fail the test. If the test indicates deception in the slightest, it might energize law enforcement to come at you even more vigorously.
Despite the results of the polygraph likely never making it into a courtroom, anything that you say can still be used against you, whether it was said in the pre-polygraph interview or during the test itself.
The tests are not considered reliable (thus the hesitancy of courts to allow test results as evidence). The machines used in polygraph testing measure a person’s physiological reactions to various questions—including heart rate, perspiration, and so forth. Is it conceivable that a person might experience changes in pulse, breathing, or perspiration simply as a result of their worry or apprehension? Do blameless people ever fail the test? Can guilty people who feel no remorse or who have psychopathic tendencies pass the lie-detector test? The answer to these questions is a categorical yes.
When you consent to take a polygraph test, you give up your Fifth Amendment right to remain silent. That, in itself, may be the biggest mistake anyone on the radar of law enforcement can make.

Instead…

There is no requirement that you take a lie detector test. You have no legal compulsion to agree to this law enforcement request, regardless of the amount of pressure exerted by authorities. A better option is to respectfully request to see your attorney. That is the one person who is guaranteed to be in your corner, irrespective of the circumstances or charges. When you are a suspect in a criminal case, your defense attorney is the person who can help you through every stage of your defense. Continue reading

December 26, 2025

Know the Terminology in an Investigation

by David M. Boertje

Following the horrific Brown University shooting spree, police quickly released photos of an individual they called a person of interest. Tips from the public led to a quick apprehension, and that man was held and released in a matter of hours. Just four days later, another video was released, with the expectation that the public could again assist law enforcement in getting in touch with this new individual, identified as a person of interest. It all resulted in lots of public dialogue about the mysterious person in the video and about what it means to be a person of interest.

Legal Terminology Worth Understanding: In terms of criminal law, most Americans are pretty well acquainted with much of the lingo thanks to the many TV shows and movies on the subject. But being aware of the language and truly understanding it can often be two very different things. Let’s take a look at some common terms used in the world of law enforcement:

A Person of Interest: Although it’s not a legal term, a person of interest is a casual reference to a person that law enforcement would like to talk to about the facts of a particular case. It’s a term that helps police and other law enforcement agencies to gather intelligence without the need to formally accuse that person. Additionally, police do not need probable cause, which is required to make an arrest. Eventually, that person may have information relevant to the case and might later become a witness, an accomplice, or a suspect.
An Accomplice: An accomplice to a crime is a person who intentionally aids and abets someone else in committing a crime. Generally speaking, the accomplice can be held liable for the crime even if they were not directly involved, which means they could wind up with the same punishments as the principal in the crime.
The Principals: The principal in the first degree is the person who actually committed the crime, while any accomplices who assisted or who were present are called principals in the second degree.
The Suspect: A suspect, unlike a person of interest, is someone who is believed to be guilty of a crime based on evidence collected by law enforcement. Typically, police have reasonable grounds to believe that the suspect is the person responsible for the crime, even if they do not yet have enough to formally charge that person.
Unsub: Unsub is another informal term that is shorthand for “unidentified subject.” It denotes a perpetrator of a crime whose identity remains unknown.
Perp: A perp is the person who actually committed the crime—short for perpetrator.

December 19, 2025

Getting into the Minds of the Jury

by David M. Boertje

If your future is in the hands of a jury, you are undoubtedly wondering what jurors think as evidence and witnesses are offered up in a trial. How supportive are they of a defense attorney’s argument? How influential is a specific piece of evidence? It is a multifaceted and ever-changing puzzle that attorneys are relentlessly working to predict and understand.

A Juror’s Background

Everyone is a blend of their history and experiences. Jurors come to the task with their own feelings, passions, and predispositions, and each piece of evidence in a trial will be filtered through those biases. Although jurors are instructed to reach their conclusions based only on the factual evidence presented in court, it’s impossible to know just how much power their backgrounds will exert on their thinking. For example:

Most people have preexisting views about the justice system, police officers, race, gender, sexual orientation, and more, even if that bias is not a conscious thing.
Financial standing, education, employment status, living arrangement, and even zip code can sometimes be a window into a particular person’s worldview.
Sometimes ,jurors may be experiencing personal stress in their personal lives that impacts their views and emotions.
Past experiences will have led to emotional inclinations or predeterminations for or against certain people or circumstances.
Some people may be deeply empathic and will sympathize so entirely with one party that they cannot view a situation with a logical perspective.

Cognitive Bias

Another aspect of the way jurors evaluate a case is the degree of cognitive bias. Some jurors may seize on evidence that validates their existing beliefs, while others may be heavily impacted by first impressions and be closed off to later revelations in a trial. Still others may zero in on a specific positive (or negative) quality in a person and be unable to see any other side to that person.

Voir Dire

The voir dire process is the opportunity for attorneys to select jurors for a particular trial. Lawyers for each side have the chance to question each potential juror, and they do so with an eye toward any bias that may impact a juror’s ability to weigh the evidence in an impartial manner.

What Impacts Thinking?

How can a juror’s mind be swayed? In addition to the facts of a case, the presentation style of attorneys is critical. Additionally, each witness will be viewed as either credible or self-serving. Finally, the deportment of the defendant will be scrutinized. In some cases, prior knowledge about a case will influence a juror’s thinking. In a best-case scenario, the judge’s instructions will have the weightiest impact and will guide each juror to a fair and impartial assessment of the facts, overshadowing any previous biases. Continue reading

December 12, 2025

Holiday Crime Spike

by David M. Boertje

The holiday season typically sees a rash of certain types of crime. That’s partly because, while many people are busy shopping or attending holiday parties with friends, colleagues, and family, there are those among us who have something a little less festive on their minds. If you have been charged with one of these crimes, it would behoove you to speak to a local experienced criminal defense attorney right away.

DUI: Unquestionably, drinking and driving don’t mix. Sadly, plenty of people imagine they can manage it, and wind up with charges that could land them behind bars for up to six months for a first offense, and 10 years in prison if it’s a second offense. Accidents that cause injury or death have even tougher penalties—and all of this is on top of fines, penalties, having an ignition interlock device installed in your car, having a license suspension, and mandatory classes.
Theft: Anyone who is tempted to steal merchandise from a crowded store, thinking they can get away with it, may be surprised by undercover security who show up just in time to make an arrest. A first offense could result in six months in jail and a $1,000 fine. Felony charges involving larger values could mean three years in state prison on top of a $10,000 fine.
Identity theft: Identity theft can occur in different ways, resulting in a variety of penalties. Using a fake ID to purchase alcohol or get into a bar, for instance, could result in a $250 fine and 32 hours of community service, on top of losing your driver’s license for a full year. Those penalties increase with subsequent incidents. Something more nefarious, like major identity theft or credit card fraud, however, could mean three years in state prison. Fines are often attached to these crimes, as well, which could mean $10,000 out the window. Restitution may be ordered for victims, as well.
Residential burglary: Anyone charged with burglary—breaking into a home to steal personal property—is facing felony charges. That translates into up to six years in prison and $10,000 in fines. If the accused uses a deadly weapon or if anyone is injured, the penalties increase. Another thing to consider is the fact that a conviction counts as a strike against the Three Strikes Law, which means even harsher sentences are on the table.
Commercial Burglary: When charged as a misdemeanor, a conviction could put you behind bars for a year and slap you with a $1,000 fine. A felony conviction brings the possibility of three years in state prison and a $10,000 fine. All of these penalties increase if the value of stolen property is over $200,000.

Robbery and Jugging: Robbing a home or vehicle, or jugging—watching people in banks and at ATMs and later robbing them—can be charged as a felony. A conviction could mean six years in prison and a $10,000 fine.

December 5, 2025

AI Hallucinations and the Law

by David M. Boertje

When prosecutors demanded that a California man who faced illegal gun possession charges be held without bail, the man’s defense team argued that the charges simply did not warrant such a harsh response. Prosecutors had pages and pages of explanations to support their argument. Unfortunately, for them, their extensive documentation was riddled with errors.

AI Issues

As it happens, the prosecutor’s office was using AI to beef up paperwork in several cases, and in each situation, there were serious misinterpretations of law, as well as quotations that did not exist in the cited text. Ultimately, there were clear indications that AI was the culprit behind the mistakes. It led defense attorneys to take the case to the California Supreme Court, in hopes that they would find a pattern of erroneous legal interpretations and case citations. That led to some interesting revelations.

Problems

Defense attorneys had 22 technology researchers and legal scholars alongside them in court. These professionals advised that the unchecked use of artificial intelligence in the legal field could lead to wrongful sentencing and convictions. Legal documents have been notably peppered with errors as a result of the use of Gemini and ChatGPT, which have been commonly used to prepare anything from essays and emails to legal briefs. When the use of AI goes unimpeded, the pitfalls can be disastrous, since these tools have been proven to contrive fictional answers to legal questions.

Arizona State University law professor Gary Marchant conceded that inaccuracies in court papers that are the result of AI are more likely an indication of negligence than deliberate deception. Nonetheless, because sycophancy is a known characteristic of AI, the truth is often stretched in an effort to divulge an answer that supports a specific argument. Commonly referred to as hallucinated content, roughly 600 cases have been detected worldwide, more than 60% of which occurred in U.S. courts. That leads to some gripping questions:

Since studies indicate that as many as 82% of legal queries on chatbots result in hallucinations, prompting extreme caution from Supreme Court Chief Justice Roberts in 2023, can court documents created with AI be trusted?
With 75% of lawyers planning to use AI in their work, how will legal outcomes be affected?
Should there be restrictions on the use of AI in legal work, since even AI tools that claim to reduce hallucination issues produce errors in 17% to 34% of uses?