Blog
Email UsEmail Us LocationLocation

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt
Recent blog posts

San Jose restraining order defense lawyers, restraining ordersA restraining order (also referred to as a protective order) is a court order designed to protect someone (i.e. the “protected person”) from being abused, threatened, harassed, or stalked by the “restrained person." If you are currently subject to a restraining order, or have been threatened with a restraining order, it is important to understand the four different types of restraining orders available in California.

California's Four Restraining Orders

1. Domestic Violence Restraining Orders: A domestic violence restraining order can be obtained against you if you have abused any of the following people:

...

Posted on in Criminal Defense

San Jose criminal defense attorneys, shopliftingShoplifting is sometimes viewed as a crime committed by rebellious kids. However, studies have shown that approximately 75 percent of shoplifters are adults. Additionally, one misconception is that the law views shoplifting as a minor offense that deserves only a slap on the wrist. Be aware that this is not always the case. Shoplifters in California can be sentenced to serve time in jail. Consider the following information to help clear up the confusion. 

Q: Is shoplifting common?

A: According to the National Association for Shoplifting Prevention (NASP), shoplifting (or the action of stealing goods from a store while pretending to be a customer) is quite prevalent. The NASP’s website reports that more than 10 million people have been caught shoplifting in the last five years and that there are approximately 27 million shoplifters currently in the United States.

...

California accident attorney, California injury lawyerSide underride crashes kill more than 200 people each year in the United States, yet lawmakers have failed to require additional safety measures that could reduce the number of accidents. Side underride accidents are just one of the many dangers trucks pose to passenger cars.

What Is a Side Underride Crash?

A side underride crash occurs when a vehicle comes into contact with a semi-truck along the truck’s side. Because there is no guard or bumper along the side of the truck, a passenger car slides under the truck and strikes the bottom edge of the truck’s trailer or is run over by the truck’s wheels.

...

California accident lawyer, California injury attorneySometimes personal injury attorneys are asked about “frivolous lawsuits.” While there are some cases which should never be brought, many times if you have been in an accident in which you were not at fault, you have a valid lawsuit.

Malicious Prosecution

If a lawsuit is frivolous and is nonetheless filed, the party who filed may be subject to a separate lawsuit for malicious prosecution. To prove malicious prosecution, the defendant in the frivolous lawsuit must prove that the suit was brought without probable cause and with malice.

...

San Jose criminal defense lawyers, sex offender registryIn 1996, California enacted Penal Code section 290.46 and thereby created the California Sex Offender Registry in an effort to notify local communities when a convicted sex offender lives in the area. This registry has been nicknamed “Megan’s Law” in memory of seven-year-old Megan Kanka who was raped and killed by a known child molester who lived across the street from her family. Megan’s parents did not know about their neighbor’s criminal past. After her death, her family encouraged states across the country to create sex offender registries to help prevent similar tragedies from occurring in the future.

All 50 states have since adopted some version of Megan’s Law, but the pros and cons of these registries are still being debated today. Those who oppose the registries state how greatly being listed can impact an individual’s life and argue that some offenders who are required to register do not pose a serious risk to their communities. In concession to these arguments and others, California now allows some registered sex offenders to petition our state’s Department of Justice to have their name removed from the registry. Consider the following which outlines who is generally eligible to apply for exclusion in California. However, for case specific information, currently registered sex offenders should consult with a local criminal defense attorney.

How to Get Your Name Removed from CA’s Sex Offender Registry

...

Posted on in Personal Injury

California accident lawyer, California personal injury attorneyAggressive driving and road rage pose a huge threat to the safety of all motorists. While these behaviors are not the top cause of accidents, they are common and can cause serious injury or death.

Aggressive driving is the category of dangerous behaviors behind the wheel. Road rage is an extreme form of aggressive driving that is exhibited by angry behaviors.

A 2016 study by the AAA Foundation for Traffic Safety reported that almost 80 percent of drivers expressed “significant anger, aggression or road rage” in the past year. In addition, about eight million U.S. drivers engaged in extreme types of road rage such as striking another vehicle on purpose or exiting a car to confront a motorist.

...

San Jose criminal defense lawyer, felonies, misdemeanorsIn California, crimes are categorized depending on the nature and severity of the unlawful act as either felonies, misdemeanors, or infractions. These categorizes are defined under California’s Penal Code as follows:

  • Felonies: Crimes that are punishable with death or by imprisonment in the state prison system, or by imprisonment in county jail under section 1170(h) of the Penal Code.
  • Misdemeanors: Crimes that carry a maximum sentence of one year in county jail.
  • Infractions: Crimes that are punishable by a maximum fine of $250 and that do not subject the offender to incarceration or probation.

In other words, infarctions generally cover traffic offenses and other minor crimes. Misdemeanors are crimes that can not be punished by more than one year in jail. Felonies are serious crimes for which an offender can be sentenced to more than a year in prison or even to death. These classifications are fairly straightforward; however, in California we also have what is known as “wobblers.”

Wobblers: Crimes that Can be Charged as Either Misdemeanors or Felonies

...

Calilfornia accident attorney, California injury lawyerIn recent years, professional football has come under fire for causing chronic traumatic encephalopathy, or CTE, a degenerative brain disease. The repeated blows football players experience to their brains is thought to cause this serious, debilitating condition.

Youth Football and Brain Injuries

Brain injury is not unique to professional football players. In fact, it is likely a more serious problem in youth and high school football players whose brains have not fully developed. Experts say that the younger a child begins to play contact football, the more severe the brain injuries will be.

...

San Jose DUI defense attorneys, DUI defense strategiesWhile each DUI case is different, there are several defense strategies utilized by experienced DUI defense lawyers. Hence, understanding the five DUI defenses commonly asserted in California is essential.

1. I was improperly stopped by the police.

In the United States, the U.S. Constitution prohibits police officers from pulling over or stopping individuals without reasonable suspicion. A police officer has reasonable suspicion, and can therefore legally pull over a driver, if he or she reasonably suspects that the driver is engaging in illegal activity. For example, if a police officer is driving along and notices the car in front of him or her swerving in and out of their lane, then it is reasonable for the police officer to suspect that the driver is intoxicated and to briefly stop the driver in order to investigate.

...

California accident attorney, California injury lawyerLast fall, California legalized lane splitting, the practice in which motorcyclists pass stopped or slow-moving cars by riding along the lane line. California is the first state to recognize and allow lane splitting.

Under the new law, California Highway Patrol will be able to set specific regulations concerning how a motorcyclist can safely lane split. While these specifics have not been made public, it is believed that CHP could potentially make regulations on the following:

  • Speed limits for lane splitting. For example, motorcyclists could not drive more than 10 mph than traffic and should never exceed 30 miles per hour.
  • Where lane splitting can take place. For example, motorcyclists should not lane split at exits and merge points.

The assemblyman who proposed the bill said that the bill aims to reduce traffic congestion while making the roads safer.

...

California injury lawyer, California defect product attorneySeven states and Washington, D.C. have legalized marijuana. An additional 28 states now have medical marijuana laws. With these changes, a new cause of injury has become known: defective marijuana. It may sound strange today, but experts believe that in the future consumers will be injured more frequently by marijuana sold at dispensaries. In order for consumers to be compensated for their injuries from marijuana, they must file a type of lawsuit called a product liability suit against the retailers, wholesalers, distributors and/or manufacturers of the drug. Product liability lawsuits seek to hold parties responsible for putting defective products into the marketplace for public use.

First Marijuana Product Liability Case Filed

The first lawsuit of this kind was filed in Colorado in 2015. A consumer alleged that the marijuana he purchased was laced with a harmful fungicide that he ingested. He claimed he would never have purchased marijuana that used such potentially dangerous ingredients. The consumer argued that marijuana companies are cutting corners in order to more easily grow plants and to create a more potent product.

...

California injury attorney, California accident lawyerTraumatic brain injuries range in severity and can be sustained in many ways. Because of this, there are a number of ways doctors treat traumatic brain injuries (TBIs).

What Is a TBI?

A TBI is a brain injury that is sustained after the head is jolted or shaken. A type of mild TBI that most people are familiar with is a concussion. Falls, sports, and car accidents are common causes of TBIs. The Center for Disease Control estimates that each year there are approximately 2.5 million TBIs sustained. Some of those will be severe and require hospitalization.

...

California accident lawyer, California injury lawCeiling collapse is a dangerous threat to poorly-maintained and poorly-constructed rental units and homes. Victims of ceiling and balcony collapse are often caught by surprise and can sustain serious injuries, such as head trauma or death. In order to bring a suit against the responsible parties, victims of ceiling collapse should bring a premises liability lawsuit with the help of a skilled attorney.

What Causes a Ceiling Collapse?

Water is the most common culprit. Leaky pipes running above the ceiling are a major source of ceiling collapse. Another source is a lack of waterproofing. The Berkeley balcony accident that killed 13 students several years ago was possibly caused by wood rot from water damage over time, experts said.

...

California truck crash lawyer, California car crash attorneySelf-driving passenger cars made headlines years ago when they first were road tested, and in the foreseeable future will likely become commonplace. The same technology used in these cars is now being tested on tractor-trailers.  A self-driving truck manufacturer, Otto, has been conducting trial runs in Ohio. In October 2016, an Otto truck made the first commercial shipment by a self-driving truck when it drove 120 miles to deliver a shipment of beer.

This is the first of many trips Otto trucks will make during its test program in Ohio. As part of the test program, a human operator will ride in the passenger cab to intervene if need be.

Safety of Self-Driving Cars and Trucks

...

California accident attorney, California injury lawyerSome accident victims find themselves in the unfortunate situation of sustaining an injury when they are already injured or unhealthy. It can feel like you are being kicked when you are down. They may think that because they were already injured prior to the accident that they cannot recover at all. This is not true. We have helped many personal injury clients with preexisting conditions be compensated for injuries from accidents where they were not at fault.

California Law on Preexisting Conditions

Under California law, an accident victim may recover to the full extent that his or her condition has worsened as a result of an accident. This is what is known as “taking a victim as you find him.” It is not a defense to say that a healthier person would not have had as many injuries. California Civil Jury Instruction 3927 states that an accident victim:

...

California accident attorney, California injury lawyerDriving at night means that you are three times more likely to die in a car accident than in the daytime, according to the National Highway Traffic Safety Administration (NHTSA). Also, single-vehicle fatal accidents are much more likely to happen at night. During the nighttime, six of 10 fatal crashes involve one vehicle. During the daytime, six of 10 fatal accidents a involve at least two vehicles.

There are a number of reasons for this. Some are in a driver’s control while others are outside a driver’s control.

Contributing Factors Outside a Driver’s Control

...

Posted on in Personal Injury

California accident attorney, California injury lawyerIf you have been hurt in a car accident, there is a one in five chance the driver of the car that hit you was driving distracted. According to the National Highway Traffic Safety Administration, there were about 297,000 distraction-affected car accidents in the United States in 2014. This accounts for 18 percent of all injury crashes.

California has some of the toughest distracted driving laws in the country. California highly regulates what you can and cannot do on your smartphone while driving. The newest regulation requires a driver to only use a smartphone if it is mounted to the dash or windshield, and the driver is limited to one finger tap or swipe.

If the person who hit you was driving distracted, it can help your case by proving that the other driver was at fault. Fault can be a difficult part of a case to prove.

...

California injury attorney, California workers compensation attorneyIf you have been injured on the job, your case could sound in workers’ comp, which would mean that your employer is responsible for your injuries. In some cases, another party may be responsible or partially responsible for your injuries. This would mean that you have a third-party claim.

What Is a Third-Party Claim?

A third-party claim arises when someone other than your employer caused your injuries. For example, if you are working on a construction site and a party who is not your employer created a dangerous condition that leads to your injury, you can file a third-party claim.

...

Posted on in Personal Injury

California accident attorney, California dog bite lawyerDog bite injuries can leave victims of an attack in serious condition. There can be deep wounds, and there is a risk for serious disease. Medical care is required in approximately 20 percent of all dog bites, according to the American Veterinary Medical Foundation. Alarmingly, about half of all dog bite victims are children who are more vulnerable to injury that could last for years. If you or your child has been injured, you should not be forced to pay medical bills and go uncompensated for the pain stemming from the dog attack.

Types of Damages in a Dog Bite Case

Many people who are injured undervalue how much they believe they are owed because they do not understand the types of damages for which they may be eligible. These types of damages include:

...

b2ap3_thumbnail_video-camera_20170125-144023_1.jpgIn today’s world, most businesses - from gas stations to department stores - have video cameras recording the premises. Also, with so many people owning smartphones, people are able to video record at any time. Given that video recording is more commonplace, videos are increasingly playing a larger part in personal injury cases. Many times this can help an accident victim, but it can also hurt the case of someone bringing suit.

Video Footage Can Help Your Case

Video footage of your accident typically helps your case. Video footage is more powerful than testimony. If there is no video footage, a jury or judge will have to listen to eyewitnesses testify about how the accident occurred. Video footage can show the jury or judge exactly what transpired and can show how traumatic your accident was.

...

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top