San Diego Criminal Lawyers Blog
When you are up against criminal charges, you need an attorney by your side who is both ethical and willing to fight for the best possible outcomes for you. At The Law Office of David M. Boertje, our clients know we will go to bat for them, with several key principles guiding our decisions:
- We treat every single defendant with respect and dignity, and we speak frankly and honestly;
- We work to ensure that legal procedures are adhered to and defendant’s rights are protected;
- We fight for access to diversion programs in lieu of jail time whenever it is an option;
- We fight to ensure that minor defendants are treated like children, not thrust into the adult criminal justice system;
- We endorse restorative justice, not purely criminal consequences;We insist that forensic evidence is dealt with properly (and call it out when it is not) and that expert testimony is challenged for biases and/or misinterpretations;
- We shoot for treatment programs, not punishment, when mental illness or addiction is a factor;
- We fight aggressively against signs of racial and gender disparities;
- We strive to hold law enforcement accountable for their actions and mistakes.
- We enter any plea bargain negotiations with the goals of fairness and just outcomes, and agree only with client consent.
Protecting Your Rights
The Constitution and the Bill of Rights guarantee every criminal defendant the right to just treatment. No matter the alleged crime, every defendant is entitled to the following:
- Fifth Amendment Protections: Anyone who has watched cop shows on television knows that the Fifth Amendment gives you the right to remain silent—but there is lots more to it. The Fifth also ensures that serious felony cases cannot be prosecuted unless, after a preliminary hearing, a judge determines that there is enough evidence to hold a trial or after a grand jury has issued an indictment. Defendants are also protected from double jeopardy, which means after you are found not guilty in a trial, you cannot be charged again by the state for the same crime. Finally, the Fifth Amendment provides for economic liberty, which is important in property issues like eminent domain.
- Sixth Amendment Protections: Defendants are entitled to a speedy, public trial in front of a jury of impartial peers. The idea is that that indefinite detentions will not occur. Defendants are also guaranteed the right to an attorney.
- Eighth Amendment Protections: Defendants are protected from extreme outrageous bail requirements and/or fines, and are shielded from cruel and unusual punishments.
Fighting for You
The experienced and aggressive criminal defense lawyers at The Law Offices of David M. Boertje take the Bill of Rights seriously, and fight to protect defendants’ rights throughout any criminal proceeding. If you are looking for a hard-hitting criminal defense, schedule a free, confidential consultation with our San Diego office today.