What is a Protective Order?

Protective orders, sometimes called restraining orders, restrict one’s ability to contact a person or place.  A temporary order (TPO) is the first step and usually lasts 10-25 days. This gives the court time to examine the case in detail and decide whether an extended order of protection (EPO) is warranted. If granted, the order can last for five years or, in extreme cases, permanently.

Here in California, there are three main types of protective orders:

Domestic Violence Orders: A DVRO, sometimes referred to as intimate partner violence, is a behavior pattern that threatens the welfare of a current or former intimate partner. Individuals who have been the subject of domestic violence may seek a protective order as a means of keeping an abuser away. 

Civil Harassment Orders: These orders are issued to protect someone from harassment that may be related to property destruction or intent to cause harm to an individual. Protective orders may also be issued for stalking—tracking a person and causing them concern for their safety. People involved in these situations may be neighbors, teammates, work colleagues, classmates, etc. 

Criminal Protective Orders: These orders are typically issued at arraignment in criminal cases.

Penalties for Violating an Order

The first thing that could happen when you violate a protective order is that you will be arrested.  Even without a warrant, if officers have probable cause that there has been a violation, you are heading to jail. From there, it only gets worse:

• Misdemeanor Charges: The first time you violate a TPO or an EPO, you could be charged with a misdemeanor, which could land you in the county jail for a year, in addition to having to pay a $1,000 fine.
• Felony Charges: If it is a repeat offense or if the offense involved violence or weapons, felony charges could ensue, resulting in up to three years in state prison.

On top of these penalties, offenders will likely have to pay the victim’s attorney fees, restitution for damages, and be ordered into mandatory counseling for batterers.

Protecting Your Rights

Clearly, knowingly violating a protective order is serious business, requiring the efforts of a serious criminal defense attorney. The highly qualified criminal defense attorneys at Boertje & Associates are committed to protecting your rights in a situation like this. To discuss your circumstances, schedule a confidential consultation in our San Diego office today.

How the Scams Work

Roughly $1 billion in annual losses occur due to these deceptive schemes every year, and they are becoming even more prominent as AI increasingly improves to make the scams seem even more real and convincing. They are very dangerous both financially and emotionally, since the transactions move extremely quickly, involve cryptocurrencies that many people do not understand well, and are irreversible. There are five basic steps to the process:

• Love-Bombing: The goal is to create a quick emotional connection. Victims become bombarded with affection and compliments through their social media, dating apps, or texts claiming to be from wrong numbers.
• Grooming: There is an attempt to build trust over the next weeks and months as the relationship grows. Now the scammer starts making false declarations about their romantic interest, and they boast about their career successes. 
• An Investment Opportunity is Offered: The predator claims to have an inside track on an astonishing investment opportunity.
• The Pig Butchering: Fake trading platforms are presented, and the victim starts to invest, often making marginal gains at first, so they feel comfortable making further and larger investments.
• The Disappearing Act:  When the victim attempts to withdraw substantial amounts, they start to hear for the first time about taxes and fees in an attempt to preclude withdrawals, until the scammer disappears completely.

It is Here in California

According to the U.S. Secret Service, there have been tragic losses to these scams recently. In fact, in San Diego alone, over 400 victims have lost a combined total of roughly $90 million.

Penalties for Offenders

These scams generally involve significant amounts of money, often leading victims to real financial hardship. That is one reason they are prosecuted as felonies in California and typically carry significant penalties:

• Federal charges;
• Up to 20 years in prison;
• Victim restitution and forfeiture of seized assets. 

Defending Against Charges

An experienced criminal defense attorney has several strategies available in their defense of these kinds of charges, including:

• Demonstrating that you had no intent to defraud (you thought it was a good investment, after all);
• Scrutinizing forensics in order to demonstrate that theoretically suspicious transactions were actually legitimate;
• Proposing that since cryptocurrency regulations are ever evolving, they are difficult to interpret;
• Establishing that even though you were involved in a project that ultimately proved to be fraudulent, you, yourself, were duped and had no idea of the salaciousness of the crime. 

Advocating for You 

The well-qualified and aggressive criminal defense attorneys at Boerje & Associates always fight to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.

 Understanding Bail Bonds

 A bail bond is commonly used as a financial guarantee that a defendant will appear in court when ordered to do so. The amount of bail is determined by the judge, and a bondsman guarantees the bail amount after the defendant, or principal, pays the bondsman a non-refundable premium, or percentage of that bail, known as the bond. Usually, the bond is around 10% in California. The bail bondsman issues a surety bond to the court on your behalf, promising that you will show up to court. If you skip a hearing, the court declares the bond due, and the bondsman must pay up. They will then chase you down for the balance, which you forfeit.

What Constitutes Medicaid Fraud?

Medicaid fraud occurs in various ways. Knowingly defrauding any health care benefit program violates federal statute. In fact, even intentionally ignoring the truth in these matters can lead to criminal charges. The following crimes occur most commonly:

Offering deceptive information in order to participate in Medicaid;

• Neglecting to sufficiently conduct medical screening for patients who are in labor or experiencing another emergency in a hospital emergency room;
• Furnishing fabricated or deceitful information in an attempt to influence discharge decisions for a hospital patient;
• Submitting claims to Medicaid for procedures, materials, or services that a patient either did not need or did not receive;
• Performing one service, but billing for a more expensive one;
• Billing two entities, such as Medicaid and another insurance company or the patient, for the same service 
• Receiving money or paying money in exchange for referrals;
• Neglecting to chronicle and return any mistaken overpayments from Medicaid within 60 days of discovering the problem;
• Billing separately and at higher rates for services that should be combined into one lower price;
• Misappropriating health care providers’ medical numbers or other identifiers;
• Buying or selling Medicaid numbers;
• Obtaining medical services or funds using someone else’s Medicaid name and number.

Penalties for Medicaid Fraud

Anyone facing charges of Medicaid fraud is looking at the possibility of extensive penalties that include:

• Losing the ability to work with any federal government health care programs, including both Medicaid and Medicare, as a result of being put on the Office of Inspector General’s exclusion list. That could be career-ending for someone in the medical world;
• The possibility of having one’s professional license revoked by the state medical board, which is another serious problem for nurses, physicians, pharmacists, and others;
• Having assets linked to the crime, from vehicles to other property to bank accounts, seized by the government;
• Civil fines of upwards of  $27,000 per infraction, along with  triple the loss to the Medicaid program;
• Criminal fines of as much as $250,000;
• Imprisonment for up to ten years per count.

Fighting for You

The aggressive and experienced criminal defense attorneys at Boertje & Associates appreciate the seriousness of these charges and understand just how devastating a conviction can be. We will fight to safeguard your rights and to achieve the best possible outcomes. To discuss, schedule a confidential consultation in our San Diego office today.

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. 

Fighting for You

The dedicated criminal defense attorneys at Boertje & Associates always fight to protect the rights of our clients and to provide a strong defense in order to achieve the best possible outcomes. To discuss, schedule a confidential consultation in our San Diego office today.

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.

Protecting You and Your Rights

The experienced criminal defense attorneys at Boertje & Associates always fight for the best possible outcomes for our clients. If special circumstances like aphantasia are an issue, we will deal with them. To discuss, schedule a confidential consultation in our San Diego office today.

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.

What is Right for You?

Decisions about pleas of any kind are weighty. Having an attorney who is willing to fight to protect your rights and jockey to get the best possible outcomes for you is more important than ever. At Boertje & Associates, you can count on experienced, ethical legal assistance. To discuss, schedule a confidential consultation in our San Diego office today.

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.” 

Fighting to Protect Your Rights

At Boertje & Associates, our experienced criminal defense attorneys are dedicated to protecting your rights. If you believe they have been violated, give us a call in our San Diego office today.

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.

Defending Against Federal Charges

If you are looking at the possibility of federal prison time due to federal charges, the experienced criminal defense attorneys at Boertje & Associates are here to help. Schedule a confidential consultation in our San Diego office today.

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.

Do You Need a Lawyer?

Do you need a lawyer? If you are dealing with sex offense charges, the answer is a resounding YES. The experienced criminal defense attorneys at Boertje & Associates always fight to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.