Deadly Force: How are Police Doing in California?
Boertje & Associates Blog
by David M. Boertje
2d ago
Since 2020 this country has seen thousands of protestors standing up to excessive police use of force. The aim was to bring awareness to a serious issue affecting countless communities across the United States and to get the police to rein in tactics that historically resulted in serious injury or death during police encounters.  Have the protests made a difference?  Racial Statistics Police killings of civilians topped out in 2022 with 1,176 deaths.  But that number exploded to over 1,200 in 2023, making it the deadliest year for deadly law enforcement actions in the last decad ..read more
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What do Jury Consultants Do?
Boertje & Associates Blog
by David M. Boertje
1w ago
What is more terrifying than being charged with a crime that could land you behind bars for an extensive period of time? Going to trial means that a judge and up to a dozen strangers hold your future in their hands. How will they judge you? How will their life experiences play into their view of the case against you? These are critical questions—questions that are often studied by jury consultants.  Who are Jury Consultants? People with backgrounds in communication, law, social sciences, and linguistics may choose to enter the world of jury consulting. These individuals hold degrees rangi ..read more
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When Medical Professionals are Accused of Healthcare Fraud
Boertje & Associates Blog
by David M. Boertje
2w ago
This country faces a serious problem in terms of healthcare fraud, and authorities have not hesitated to impose serious consequences. As the most expensive white-collar crime in the country—racking up nearly $100 billion in lost funds — the state of California is more than willing to prosecute fraudsters. Both state and federal prosecutors, in fact, are going after individuals and organized groups who engage in this type of fraud on a daily basis. Examples of Fraud Fraud might occur involving individuals who work in hospitals, nursing homes, dentist offices, and more. Professionals and staff w ..read more
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What are the Chances a Judge Issues a Gag Order for Your Trial?
Boertje & Associates Blog
by David M. Boertje
2w ago
The First Amendment guarantees the right to free speech in this country. Nonetheless, we hear about judges issuing gag orders in high-profile cases, clearly restricting the speech of individuals connected to both civil and/or criminal trials. What gives?  The Point of Gag Orders Judges typically issue gag orders—sometimes called non-dissemination orders– to restrict people from talking about a case publicly. They can apply to witnesses, attorneys, plaintiffs, and defendants. Protecting the integrity of the court system is the goal of these orders, as judges strive to keep potential jurist ..read more
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Self-Defense in California
Boertje & Associates Blog
by David M. Boertje
1M ago
If, while defending yourself, someone else, or property, you caused harm to another individual, it’s possible you could be charged with a crime like assault, battery, or even, in the most extreme situation, murder.  But you were only defending yourself, so how is this possible? Sometimes it takes a court of law to sort things out and come to an equitable and just conclusion. And when self-defense is a factor, having a good attorney to represent your interests is important. Legal Requirements for Self-Defense In California, there are three key elements that must be proven when self-defense ..read more
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Dangers of Spit Hoods During Arrest
Boertje & Associates Blog
by David M. Boertje
1M ago
Here in California and across the nation, police use spit hoods to protect officers from being spit on or bitten when individuals engage in this behavior or threaten to, during arrests, transfers, or otherwise, as necessary. It is understandable that police want to avoid such attacks—but there are real concerns about the safety of these hoods.   More About Spit Hoods These hoods are really just mesh sacks that are placed over an offender’s head, sometimes made with material like what is used in medical masks on the bottom. They have an elastic ring around the opening. The mesh is mad ..read more
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Should You Testify in Your Own Criminal Trial?
Boertje & Associates Blog
by David M. Boertje
1M ago
It is a decision that must be weighed very carefully: should you testify in your own defense? About half of all defendants decide to take the stand to proclaim their innocence. Defendants with prior felony convictions are less likely to testify, often concerned that juries will discover they have had past problems with the law. Likewise, those accused of charges related to gang activity seem to believe juries will be biased against them and are usually reluctant to take the stand. What about you? Will you be able to make the case for yourself that no one else could?  Possible Benefits Eve ..read more
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I Have Just Been Charged with a Felony: What Should I Do?
Boertje & Associates Blog
by David M. Boertje
2M ago
If you have been arrested for a felony, you are doubtlessly feeling frightened. What is in the cards for you? Should you accommodate police requests for information to demonstrate your innocence? Should you do anything and everything to get out of custody? No, and no! If you are looking at felony charges, your initial decisions will have a massive effect on your case. So sit tight and remember your rights.  Fifth Amendment Regardless of how pleasant or how threatening investigators may be, it is crucial that you remain silent. It is the first step toward avoiding self-incrimination and is ..read more
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The Witness Protection Program
Boertje & Associates Blog
by David M. Boertje
2M ago
The federal Witness Protection Program is operated by U.S. Marshals, with the goal of providing new identities to individuals who face the possibility of vengeance from organized crime groups like the Mafia, for example, when testifying against them. Groups like these who terrorize communities or are otherwise involved in violent crimes may be a real threat to witnesses. The government understands that government cooperation can be a serious safety concern for witnesses and their families and has been tasked with protecting them since 1971 as part of the Organized Crime Control Act of 1970.&nb ..read more
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A Speedy Trial?
Boertje & Associates Blog
by David M. Boertje
2M ago
We hear about the right to a speedy trial—a constitutional guarantee provided by the Sixth Amendment. Nevertheless, we hear about people who are behind bars awaiting trial all the time, which makes one wonder, what does the term “speedy” really mean in this context? And why are nearly 45,000 people sitting in county jails across California even though they have never been convicted or sentenced? Moreover, why have over 1,000 been rotting in jail for over three years, and why have another 332 been there for over five years?  Speedy is Debatable There is no actual definition of “speedy” in ..read more
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