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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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Posted on in Criminal Defense

San Jose IRS tax fraud defense attorney, tax fraud penalties, criminal tax fraud, fraudulent tax return, tax evasionIllegally attempting to evade paying taxes, or intentionally underpaying taxes, is a serious offense in the United States. This offense, commonly referred to as “tax fraud”, carries heavy penalties at both the state and federal levels, some of which are briefly discussed below. However, it should be noted that “tax avoidance” (taking advantage of the tax code in a legal manner in order to minimize your tax liability) and “tax negligence” (careless/unintentional mistakes made on a tax return) do not constitute tax fraud. Rather, the IRS’s definition of tax fraud includes any of the following actions:

  • Willfully attempting to evade or defeat any tax,
  • Willfully failing to file a required tax return,
  • Willfully declaring, under penalties of perjury, that a tax return or other tax document is true and correct when said person does not believe it to be so,
  • Willfully and knowingly aiding or assisting another in the preparation or presentation of a false or fraudulent tax document, or
  • Attempting to intimidate or impede a tax official from carrying out his/her duties.

Additionally, it should also be noted that under California’s Revenue and Taxation Code tax evasion is defined as an act (or inaction) that involves a taxpayer intentionally paying less than they are legally obligated to pay.

Civil Penalties and Criminal Penalties

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San Jose personal injury attorneys, holiday travel, travel safety, travel safety tips, travel injuriesThe holidays are hectic in San Jose as people rush to complete gift shopping and attend parties and special local events. For many people, travel plans have already been made to take advantage of the break by going out of town to visit friends and family members.

Holiday travel has a well known reputation for being rather chaotic, with long lines of traffic and tie ups at airports. The most important factor, however, is to protect yourself against potential personal injuries and to reach your destination safely.

Holiday Travel Safety Tips

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product liability cases, San Jose product liability attorneys, federal safety regulations, product recalls, dangerous productsBabies and small children require lots of gear. From nursery furnishings, strollers, highchairs, clothing, and car safety seats, to toys, videos, electronic devices, and other items designed to keep them busy and entertained, it is easy for a parent to go broke buying all the "stuff" children want or need.

Unfortunately, most parents are unaware of the potential dangers certain products might pose. Product liability cases involving children’s items seek to hold manufacturers and merchants accountable for knowingly producing or selling items that are unsafe, or for failing to take the necessary precautions to prevent injuries.

Children’s Items and Product Liability

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California employers, prospective employees, criminal history, San Jose employment lawyers, employment regulationsLawmakers in California are toying with the idea of passing new legislation (Assembly Bill 1008) that would make it illegal for most employers in California to ask prospective employees about their criminal histories during the initial stages of the hiring process. However, under the proposed legislation employers would have the right to enquire about an applicant’s criminal history after making a conditional job offer. The Sacramento Business Journal points out that Assembly Bill 1008 is seen as an extension of the “ban-the-box” initiative that California lawmakers passed several years ago.

Ban-the-Box

In 2013, California’s ban-the-box bill took effect and prohibited government employers in the state from asking prospective employees about their criminal histories on job applications. Although this statute only applied to employers in the public sector, many cities across California have followed suit and enacted similar laws that apply to private employers. However, many of these laws only restrain employers with a specified number of employees from inquiring about a job seeker’s criminal past on a job application so many small employers are currently exempt from this prohibition.

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fatal car accidents, motor vehicle wrecks, San Jose car accident attorney, dangerous driving, motor vehicle traffic deathsCar accidents are unfortunately common in San Jose and throughout California, and even otherwise minor collisions can leave drivers suffering serious injuries. While more severe, fatal motor vehicle wrecks are less likely to occur, traffic safety experts claim this number has increased steadily over the past several years. The following outlines factors often involved in these tragic events, despite safety advances designed specifically to prevent them. 

Car Accidents Resulting in Driver or Passenger Fatalities

According to reports from the National Highway Traffic Safety Administration (NHTSA), after seeing an overall reduction in rates over the last decade, fatal car accidents have been increasing steadily since 2015. More than 35,000 people are killed in these accidents each year, which represents a spike of close to 10 percent.

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Posted on in Personal Injury

violence on the job, workplace accidents, San Jose workers’ compensation and personal injury attorney,  work-related violence, workplace violenceOn-the-job injuries are generally associated with workplace accidents, such as slips and falls or strains that occur due to lifting heavy objects. Unfortunately for workers in a variety of fields, acts of violence on the part of customers or coworkers have become an increasing commonly concern. These incidents can end up being severe and potentially deadly, and it is important for employees to be aware of the risks.

Workplace Violence

Workplace violence is not something that occurs infrequently, nor are these incidents random cases which are sensationalized by the media.The Occupational Safety and Health Administration (OSHA) reports that roughly two million Americans are victims of violent attacks by clients or other employees each year, making it one of the leading causes of job-related death.

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first-degree murder, California felony murder rule, felony murder, San Jose homicide defense lawyers, San Jose  manslaughter defense lawyersCalifornia’s felony murder rule is a bit complex and frequently misunderstood. For case specific information regarding California’s felony murder rule, it is critical that you consult directly with a local criminal defense lawyer as each case is unique. However, consider the following information to better understand this unique area of the law. 

What is the Felony Murder Rule?

California’s felony murder rule allows an individual to be convicted of murder if he or she, or his or her co-felon, kills another person while committing (or attempting to commit) an enumerated felony, regardless of whether or not the killing was an accident.

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Posted on in Personal Injury

San Jose burn injury attorneys, burn injuries,  fatal burn injuries, burn victims, emergency medical treatmentThe recent devastation throughout the Napa Valley and in other areas of Northern California has called attention to the potentially deadly impact of wildfires and how quickly they can spread. Burn injuries and smoke inhalation have jeopardized the lives of people throughout the region, along with the workers responding to the crisis.

Unfortunately, while this may have been an isolated incidence, fires and exposure to heat and harsh liquids claim thousands of lives each year. For those who survive these injuries, recovery can be a slow and painful process.

Fires and Burn Injuries in California

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wrongful death claim, San Jose personal injury attorneys, taser use, personal injury claim, law enforcement officialsAmid the controversy erupting over officer-related shootings, people often wonder why law enforcement officials do not rely more on tasers as a way of subduing and disarming subjects. Unfortunately, a recent wrongful death claim in San Jose shows that in some cases tasers can prove just as deadly.

As police departments and policy makers debate the use of tasers in local districts, it is important for even law abiding San Jose citizens to be aware of the potentially deadly health effects.

San Jose Controversy over Taser Use

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Posted on in Employment

San Jose gender discrimination lawyers, equal pay lawsuit, employee discrimination, gender discrimination, California Equal Pay ActThree women recently filed a lawsuit against Google alleging that the technology giant systematically discriminates against female employees by denying them promotions and underpaying them. According to Bustle, the lawsuit alleges that the three women went through similar experiences while working for Google and that each of them was discriminated against in violation of the California Equal Pay Act.

Beyond their own personal experiences, the women claim that Google has a history of filtering female employees into lower level jobs and keeping them on lower paying job ladders than their male counterparts with similar education and work experience. Because the women believe that other female employees have also been illegally discriminated against on the basis of their gender they have petitioned the court to certify a class action request. If the court approves this request, then their lawsuit will be opened up to other female employees who similarly believe that they have been discriminated against by Google.

The California Equal Pay Act

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San Jose homicide and manslaughter defense lawyers, second degree murder, capital murder, first-degree murder,murder defense strategyIn California murder is defined under section 187 of the CA Penal Code as the unlawful killing of a human being with malice aforethought. However, in the eyes of the law, some murderers are more morally culpable than others and are consequently punished more severely for their crimes. For example, someone who murders another for financial gain is seen as being more morally culpable than someone who decides to kill their cheating spouse. Therefore, unlawful killings that are conducted with malice aforethought in California are divided into the following three different categories of murder: capital murder, first-degree murder, and second-degree murder.

Capital Murder

Capital murder (which is sometimes referred to as first-degree murder with special circumstances) encompasses only the most egregious murders committed in California. The various types of killings that can qualify as capital murder in California are listed in section 190.2 of the CA Penal Code and include, but are not limited to:

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San Jose car accident attorney, car accident risks, DUI, driving impairments,  drunk driving accidentsWhen out for an evening with friends or at other social events where alcohol is served, one may develop different strategies to prevent being pulled over and cited for driving under the influence (DUI). Unfortunately, studies show that even modest amounts of alcohol can result in serious driving impairments, making potentially life-threatening car accidents and injuries more likely to occur.

The Effects of ‘a Few Drinks’

If you are pulled over when driving in San Jose and appear visibly intoxicated or register a .08 blood alcohol content (BAC), then you will be charged with a DUI under the California Vehicle Code. Penalties include heavy fines, mandatory community service and counseling, potential jail time, and the loss of your driving privileges. To avoid this, many limit alcohol consumption to just a few drinks. Still, even modest amounts could put you and other drivers in danger.

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San Jose employment law attorneys, transgender identity, transgender expression, workplace regulations, employer discriminationCalifornia employers should be aware that as of July 1, 2017 there are several new state regulations on that books that pertain to transgender identity and expression in the workplace. Under state law it was already illegal to harass or discriminate against transgender employees (or prospective employees) based on the fact that they identify as transgender. However, the new regulations are aimed at expanding the anti-transgender identity discrimination protections already contained in California’s Fair Employment and House Act and are as follows below.

Restrooms in the Workplace

Under the new regulations, employers in California must allow employees to use the restroom facilities that correspond with the gender identity or gender expression that he/she embraces. Additionally, employers are forbidden from requesting proof of an employee’s gender or sex in order to use a certain restroom.

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hit and run accident, hit and run drivers, car accidents, San Jose car accident attorneys, hit and run accident, hit and run drivers, car accidents, San Jose car accident attorneys,  pedestrian accident fatalityBy law, when a crash or collision occurs involving a motor vehicle, all drivers are required to pull over immediately at the crash site, notify law enforcement, and exchange information with other drivers. Unfortunately, there are some drivers who flee the scene. When hit and run car accidents involve motorists and pedestrians, there are steps you can take to help hold these drivers accountable.

Hit and Run Accidents

In late September 2017, Mercury News reported a car accident that held the grim distinction of involving the city of San Jose’s 33rd traffic fatality of the year. The accident involved a 59-year-old man who was struck by an SUV while walking across Ocala Avenue. The driver of the SUV was not identified. After hitting the man, the driver immediately fled the scene.

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motorcycle safety,  San Jose motorcycle accident attorneys, motorcycle accidents, preventing  motorcycle accidents, motorcycle safety tipsFew things compare to the thrill of roaring down the highway on the back of a motorcycle, with the sun at your back and the open road ahead. San Jose has an active motorcycling community, with thousands of aficionados gathering regularly for group rides and events.

As new riders join the ranks of more seasoned bikers on the road, it is important to make safety a priority. Motorcycle accidents can result in severe and potentially fatal injuries. The following tips can help to keep both you and other riders safe.

Motorcycle Accidents and Injuries In California

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San Jose criminal defense attorneys, convicted felon, felony criminal charges, incarceration, right to bear armsBeing convicted of a felony (i.e. a crime for which you can be sentenced to serve a year or more in prison) can carry consequences that reach far beyond the prison sentence that one will likely be sentenced to serve. Moreover, those facing felony criminal charges in California are often curious about how their rights and privileges will be impacted after rejoining society if they are ultimately convicted. 

The Right to Vote

In California, convicted felons lose their right to vote until they complete their term of incarceration and parole. This means that a felon may not vote while serving time nor while out on parole. Additional helpful information about California’s voter eligibility requirements can be found on the California Secretary of State’s website.

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San Jose sex crime lawyer, sex offenses, sex crime,  sexually violent predator, registered sex offenderCalifornia’s Sex Offender Registry, nicknamed “Megan’s Law”, is a public registry that criminal offenders who have been convicted of certain sex offenses in California are required to register with. According to the attorney general’s website, the CA Sex Offender Registry operates in order to provide the law enforcement community and the general public with up to date information about local sex offenders. Currently, there are over 120,000 registered sex offenders in California. But who is required to register? And how does being a registered sex offender impact someone’s life? Read on to find out.

Who is Required to Register?

Under section 290 of the California Penal Code, individuals convicted of certain sex crimes are required to register as sex offenders with the local authorities within five working days of being released from jail, prison, a mental hospital, or on probation. Anyone required to register as a sex offender in California will be notified in writing of his or her duty to do so. Offenses which require violators to register include most acts involving the following:

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San Jose motor vehicle accident attorneys, pedestrian accidents, motor vehicle accidents, traffic fatalities, pedestrian safetyTo reduce the city’s high pedestrian fatality rate, San Jose sponsors workshops throughout the area to get citizen feedback. In these workshops, neighborhood residents often take to the streets, with an eye towards identifying conditions that make motor vehicle accidents involving pedestrians more likely. While road studies and crash reports provide quantitative data, San Jose hopes getting a more personal look at problem areas will help to target changes that need to be made.

Pedestrian Accidents In San Jose

Statistics from the San Jose Police Department show a high rate of motor vehicle related pedestrian accidents. Overall, traffic fatalities have more than doubled since 2010. Moreover, of the reported 60 traffic deaths that occurred in 2015, close to half involved pedestrians.

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slip and fall accidents, San Jose slip and fall accident attorneys, store liability, grocery store accident, head injuriesSlip and fall accidents are common in grocery and retail stores. Unfortunately, when these accidents happen, the damages can be severe. Even a seemingly minor fall could cause injuries requiring long-term medical care, while resulting in lasting disabilities. 

A grocery and retail insurance provider recently launched a mobile phone and web based application, which promises to reduce dangerous conditions that make slip and fall accidents more likely. While this can help protect customer safety, it also gives these companies an additional tool to use when defending themselves against premises liability claims.

Grocery and Retail Slip and Fall Injuries 

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employment lawyer, San Jose employment law attorneys, employer obligations, ERISA, employer compliance violationsThe Employee Retirement Income Security Act (or ERISA) is an important compilation of federal laws designed to protect the retirement income security of workers employed in the private sector who have health and pension plans through their employers. The employer obligations contained in ERISA concerning these health and pension plans set minimum standards that most private sector employers in the United States must abide.

While a local employment lawyer can provide private employers with thorough ERISA compliance assistance, employers bound by the ERISA should be aware of common compliance violations outlined below.

Common Compliance Violations

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