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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.
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San Jose accident attorneys, distracted driving, car accidents, car accident injuries, visual distractionsDespite efforts at raising awareness through public safety campaigns, distracted driving continues to be a problem in San Jose and throughout the U.S. The lure of sending texts, emails, checking social media, and taking pictures is strong.

While these activities are known to be a leading factor in car accidents and injuries, being distracted by your phone can increase your risk of injuries as a pedestrian as well.

Distracted Driving

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San Jose criminal defense attorney, California restraining order, protective order, emergency protective order,  temporary restraining orderIf you have been served with a restraining order in California (also sometimes referred to as a protective order) you likely have a lot of questions. While an experienced criminal defense lawyer can answer each and every one of your queries, the aim of this article is to address one of the most commonly asked questions: What can a California restraining order do? However, keep in mind that each restraining order is different and the possible effects discussed below may or may not be applicable in your case.

The Possible Effects

The effects of a California restraining order vary slightly depending on which type of protective order (i.e. civil harassment, domestic violence, elder/dependent adult abuse, or workplace violence restraining order) has been issued against you. However, the California Court’s website notes that California judges often order restrained people:

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San Jose personal injury attorneys, truck accidents, trucking accidents, truck accident lawyer, insomniaMost of us occasionally suffer the effects of insomnia. If you have to go to work the next day, not getting enough sleep can have a definite impact on your job performance and productivity. For truck drivers in particular, a lack of rest and a poor night’s sleep can have disastrous consequences, making truck accidents more likely to occur.

When these accidents do happen, there are situations in which the trucking companies, as well as the truck drivers, can be held liable for injuries that result.

The Effects of Drowsy Driving 

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soft tissue injuries, overuse injuries, San Jose personal injury lawyers, tendonitis, contusionsSprains, strains, and tears to muscles, tendons, and ligaments are one of the most common types of personal injuries. Known as soft tissue injuries, they can occur in a variety of situations. While victims may at first be tempted to brush off these types of injuries as mild and requiring only a brief recovery period, the fact is they can result in long term disabilities and the need for ongoing medical care.

Common Causes and Types of Soft Tissue Injuries

According to the American Academy of Orthopaedic Surgeons (AAOS), soft tissue injuries can occur as the result of overuse at work or due to overexertion in sports activities, as well as due to sudden blows or impacts, such as in a car accident or slip and fall.

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money laundering, San Jose white collar criminal defense lawyers, laundering money, Bitcoin, white collar criminalsWhen people hear the term “money laundering” they often think of gangsters back in the day running dirty money obtained by illegal means through shops, casinos, financial institutions, etc. in order to layer it into legally obtained funds and make the dirty money “clean.” However, with the advance of computer technologies money laundering techniques have become more sophisticated. The cyber white collar criminals of today frequently attempt to launder money through virtual currency platforms such as Bitcoin.

Bitcoin enables individuals to pseudonymously manage financial transactions via the use of peer-to-peer technology, rather than through traditional banks. According to a report from The Guardian, this platform is known to have relaxed standards when it comes to checking users' identities and for choosing not to collaborate with law enforcement. Additionally, the report notes that recently Bitcoin was allegedly used by a Russian criminal mastermind in an attempt to launder $4 billion in Bitcoin for people who made money via a variety of different illegal activities ranging from drug trafficking to computer hacking.

The funds seem to have been laundered through two different San Francisco based exchanges that are owned by the accused; so, if he ends up being tried for money laundering in California he will likely be charged under one or both of California’s main money laundering laws.

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tire blowouts, truck accidents, San Jose truck accident lawyers, truck maintenance, tire blowout seasonTire blowout season refers to the time between mid-May to early October when tire blowouts are more common. The term was coined by Popular Mechanics to warn motorists of the increased risk, which can lead to truck accidents.

According to Popular Mechanics, there are a number of reasons why this time period is prone to blow outs, most notably the heat associated with the summer months. Experts warn that hotter weather creates hotter pavement making tires warmer, which in turn can cause weakness in tire structure.

During these months, you may notice more “road gators,” or the remnants of tire blowouts, on the shoulders of interstates and highways.

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motor vehicle accidents, defensive driving, San Jose motor vehicle accident lawyers, safe driving, vehicle safelyEveryone has heard the maxim “be a defensive driver.” But what exactly does this style of driving entail? Driving defensively has many benefits, including reducing the risk of motor vehicle accidents.

Defensive driving teaches a range of tactics that allow drivers to see potential hazards more clearly and to have a better understanding of the possible ways other cars will act. Those who drive defensively also drive in a predictable manner for other motorists.

Defensive driving goes beyond knowing the laws and other rules of the road. Rather, defensive driving is a set of precepts that help drivers make the best decisions in uncertain situations.

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child pornography, child pornography laws, California Penal Code, California child pornography law, criminal defenseIn California it is illegal to both possess and to distribute child pornography. This simplified restatement of the law may seem very straightforward at first glance. However, in reality, it is actually quite complicated. For instance, what exactly qualifies “child pornography”? Moreover, legally speaking, what does it mean to “possess” or to “distribute” something? In order to answer these questions let us start by taking a look at what constitutes child pornography in California.

What Constitutes Child Pornography?

Under California state law, child pornography is defined as any material depicting a minor engaging in or simulating sexual conduct. Again, this restatement seems simply enough, but only if we keep the following three definitions in mind:

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spinal cord injuries, motor vehicle crashes, San Jose spinal cord injury lawyers, can accident victim, nerve damageSpinal cord injuries are sustained in a variety of accidents such as falls, motor vehicle crashes and sports accidents. Spinal cord injuries can leave the accident victim with injuries that are not fully treatable.

Spinal cord injuries are caused by damage to the spinal column (vertebrae, ligaments or disks) or the spinal cord.

With this sort of injury, it is important to keep the long-term in mind. If you or a loved one has suffered a spinal cord injury, you need to be sure you are compensated for all future losses. These include future medical treatment, future care, and future loss in earnings.

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job discrimination, San Jose sexual orientation discrimination lawyer, discrimination claim, gender stereotyping, employment discriminationCalifornia's Fair Employment and Housing Act (FEHA) protects workers from job discrimination based on their sexual orientation, gender identity, or gender expression. This means that even in cases where an LGBTQ employee is allegedly fired for nondiscriminatory reasons, if there is evidence that a “discriminatory motive” influenced the termination, the employer may still be liable for damages.

Discriminatory motives are not always obvious. For instance, an employer is unlikely to come out and say, “We're firing you because you are gay.” In many cases, the discrimination takes the form of gender stereotyping—i.e., disfavoring an employee who acts “too gay” or does not conform to certain behavioral expectations. While this can be more difficult to prove in court, it is nonetheless a valid basis for a discrimination claim.

“Gender Stereotyping” May Support Discrimination Claim

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San Jose employment discrimination attorneys, discrimination in job application, job  discrimination, job hiring process, employer discriminationThe job market is highly competitive in San Jose and the surrounding area, with an abundance of experienced, highly qualified candidates all vying for the same position. Employers have the right to be specific in what they want in an employee, and to cast a wide net before choosing the person they think would be best suited for the job.

At the same time, basing marketing practices and hiring decisions on applicant characteristics, such as age, race, or gender, or refusing jobs to otherwise qualified candidates due to their physical attributes or disabilities are examples of job discrimination that can land a company in hot water.

Practices Prohibited When Filling Jobs

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San Jose motorcycle crash lawyers, motorcycle injuries, motorcycle accident victims, motorcycle crash, road rashMotorcyclists are at a huge disadvantage when they get into an accident with a car. In many cases, the occupants of the car will be barely injured, whereas the motorcyclists will require hospitalization and rehabilitation. This is due to the lack of protection provided by motorcycles.

However, just because a motorcycle may have a higher risk for injury does not mean that a biker should bear the costs of an accident in which he or she was not at fault. Motorcycles are legally allowed to drive on the road, and drivers of cars are responsible for any damage they inflict.


Common Motorcycle Injuries

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prostitution, San Jose prostitution lawyers, prostitution ring, California prostitution law, California prostitution casesIn May 2016, police officers arrested a 16-year-old girl in Hanford, California for running a prostitution ring involving 14- and 15-year-old girls. The girl’s prostitution ring was only in operation for a few weeks, but during that time she posted pictures of younger girls on prostitution websites and then drove the girls to a local hotel to engage in acts of prostitution, reports The Sacramento Bee. Recently, the girl was sentenced to serve 13 years in prison for the role that she played in pimping and trafficking teenage girls. In order to better understand this case, let us take a look at California’s main prostitution law and the various defenses that are commonly raised by those accused of violating it.

California’s Main Prostitution Law

California’s main prostitution law makes it a crime to (1) engage in an act of prostitution (aka selling sexual favors), (2) offer or agree to engage in an act of prostitution (aka soliciting prostitution), and (3) solicit customers for a prostitute (aka pandering/pimping). In other words, California law makes it illegal to be a prostitute, a “john," or a “pimp.” Specifically, under section 647(b) of the California Penal Code, it is a crime to solicit, agree to engage in, or engage in any act of prostitution with the intent to receive compensation (i.e. anything of value) from another person.

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California accident attorney, California injury lawyerThe U.S. Food and Drug Administration released a drug safety communication in May regarding type 2 diabetes medication canagliflozin, also known as Invokana, Invokamet, and Invokamet XR. After the results of two large clinical trials, the FDA found that canagliflozin increases the risk of leg and foot amputations – an already significant issue for diabetes sufferers. The FDA found the increased risk so great as to warrant a Boxed Warning, which is the highest warning label for drugs.

Heightened Amputation Risk

Canagliflozin is a medication used in combination with diet and exercise to lower an individual’s blood sugar. It is a sodium-glucose cotransporter-2 inhibitor, which lowers blood sugar by causing the kidneys to take sugar from the body and dispose of it through the urine.

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car accident, not wearing a seat belt, San Jose auto accident lawyers, California personal injury attorney, California seat belt lawIn California, all motor vehicle drivers and passengers are required to wear a seat belt by law. Some people wonder if they get injured in a car accident where they were not at fault but they were not wearing their seat belt, will they be able to recover?

The answer to this question, usually, is that they can be compensated. However, the amount of compensation may be reduced. This can be a complex, factual scenario. Therefore, accident victims in this position are encouraged to speak with a skilled personal injury attorney.

Seat Belts Are Mandatory Because They Decrease Risk of Injury and Death

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San Jose criminal defense lawyers, warrant for my arrest, bench warrant, arrest warrant, search warrantA warrant is simply a legal order issued by the court authorizing law enforcement officials to perform some specified act in order to further the administration of justice. Warrants are issued in the United States for a variety of reasons but are most commonly used as the basis to:

  • Arrest a suspect;
  • Search a suspect’s home and/or car for evidence of a crime; or
  • Bring a person to court who has ignored a subpoena or a court order to appear.

In California, there are three different types of warrants that can be issued against you; a bench warrant, an arrest warrant, and a search warrant. If a warrant has been issued for your arrest, then it is either a bench warrant or an arrest warrant. Consider these two warrant categories according to California law.

Bench Warrants

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California accident lawyer, California injury attorneyIn August 2016, a plumber from Portsmouth, New Hampshire, was killed after being electrocuted by an electric oven and stove range. This prompted an investigation into the cause of the 52-year-old’s death, which led to the discovery that this make of Blomberg and Summit electric ranges were not properly grounded. These electric ranges can become energized, leading to shocks and electrocution. Now, the U.S. Consumer Product Safety Commission, Arçelik A.S. of Turkey, and Beko US are recalling 6,300 of these ranges, offering a free repair. The black or stainless steel freestanding, glass top, electric ranges affected have the model names:

  • Blomberg BERU 24200 SS;
  • Blomberg BERU 24100 SS; and
  • Summit CLRE24.

These ranges were sold by stores and Amazon.com across the U.S. between October 2012 and March 2017.

Your Rights When Hurt by a Defective Product

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search warrant, California criminal investigation, San Jose criminal defense lawyers, child pornography, drug possessionIn any kind of California criminal investigation, the police usually need to get a warrant before searching a suspect's property. Warrants must be specific rather than general. That is, the warrant must describe the place that needs to be searched and the objects that the police are looking for, such as drugs, firearms, or materials containing child pornography. If a police search exceeds the scope of the warrant, a judge may suppress—exclude—any evidence obtained from the subsequent criminal trial.

San Jose Court Rejects Effort to Expand Warrant to Cover People in Range of Wireless Network

Clever prosecutors will sometimes try and convince a judge to interpret a warrant more broadly than it was intended. This can unfairly prejudice a defendant's right to a fair trial. Fortunately, a recent case from here in San Jose illustrates how courts are too smart to fall for such legal trickery.

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California injury lawyer, California accident attorneyWhile rain is not a common occurrence in the San Jose area, it can still contribute to slip and fall accidents at businesses. Because of the infrequency of rain, businesses may not be prepared to provide safety measures to prevent the accident.

Businesses like supermarkets and hotels have a duty to provide safe premises for the public. If someone is injured because a business fails to take reasonable precautionary measures, that business may be required to pay for medical bills and pain and suffering associated with the accident.

Steps Businesses May be Required to Take to Prevent Slip and Falls

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California injury attorney, California accident lawyerFootball season will soon be upon us and that also means the risks of lots of injuries. Whether you are a mighty mini or a seasoned NFL star, the potential for damage is there, regardless of the sporting activity. Many coaches and agents do their due diligence by having a waiver ready in-hand. However, when it comes to personal injury, what does that paper cover and what if you did not sign one? Who is really at fault?

More Than Just a Bump or Bruise

With any sport comes the potential to sustain an injury. If you trip over your own two feet, landing on your arm resulting in a fracture, it is likely your fault. However, if someone else behaved maliciously or recklessly resulting in your tripping over your feet, then they potentially are at the blame. For you claim to hold water, you must be able to prove:

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