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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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b2ap3_thumbnail_first-responders-San-Jose.jpgPolice, firefighters, emergency medical service providers, and other first responders put their lives on the line each day as part of their jobs. As a result, they suffer high numbers of injuries due to work-related accidents. Motor vehicle crashes and collisions are a common occupational hazard in these fields and can result in serious and potentially life threatening injuries. While some are due to the reckless actions of onlookers or other motorists on the road, the stress and distractions that occur behind the scenes can make these incidents more likely to occur. 

Police Officer Injured After Vehicle Accident Near San Jose

According to reports from ABC 7 News, a California Highway Patrol (CHP) officer suffered serious injuries as the result of being struck by a motorized vehicle just outside San Jose on July 27, 2018. The incident occurred in the early morning hours on Clayton Road, as the officer responded to reports of a traffic accident. 

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San Jose employment law attorneys, job interview questions, job discrimination, California employment law, age discriminationIf you have been out of work or looking to change jobs or career fields, receiving a call back for an interview by a potential employer is exciting news. How you answer certain interview questions can differentiate you from other job candidates and will ultimately play a role in any hiring decisions; therefore, it is natural to want to spend some time brushing up on the common topics that are likely to be discussed. Be aware, however, that employment laws do prohibit employers from asking certain types of questions in interviews. In addition to having the right not to answer, these questions could open the potential employer up to liability in a claim.

Questions that Are Illegal to Ask in a Job Interview

In a competitive job market, employers are apt to be thorough in asking questions during a job interview. The goal is to narrow down the list of possible candidates and should focus on job qualifications. There are several factors which could influence a particular employees job performance and Monster.com advises that employers do have plenty of flexibility in terms of the topics discussed. However, there are certain types of questions that should not be asked, which could qualify as illegal under state or federal laws.

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illegal gambling, San Jose criminal defense attorney, illegal gambling operations, misdemeanor charges, illegal gaming stingGambling holds a strong appeal for many people. When you go to places like Las Vegas or Reno, casinos and stores everywhere offer poker machines where people spend hours on end engrossed in play. While there are some games of chance that are permitted in California, in general operating gambling machines and running other types of illegal games could result in serious criminal charges. If you are facing the possibility of a conviction, you need an experienced San Jose criminal defense attorney to protect you against penalties that include heavy fines and a potential jail sentence.

Gambling Crackdowns in San Jose

Gambling machines owners and illegal gaming operators are a frequent target of law enforcement officials, with undercover operations and coordinated busts in our area occurring on a regular basis. Bay area CBS affiliate KPIX 5 reported that on July 19, 2018, a takedown by police in San Jose netted more than 51 gambling machines, an estimated $75,000 in cash, and the names and addresses of additional people suspected to be involved in illegal gaming operations. A follow up raid based on warrants from the U.S.Department of Justice netted an additional 13 machines and close to $300,000 in suspected gambling proceeds. Additional raids are likely to occur by the end of the summer.

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San Jose truck accident, San Jose truck accident attorneys, uneven truck load, improper loading practices, poor truck maintenanceTruck accidents can happen for a variety of reasons. Driver errors, such as speeding, approaching turns too fast, and driving distracted or under the influence are often primary contributing factors. In other situations, poor truck maintenance and lack of proper training may have made a crash or collision more likely to occur. In the case of a recent San Jose truck accident, shifting loads or improper loading practices may have been to blame.

Truck Overturn Causes Traffic Tie-Ups, Leaves One Injured in San Jose

Truck accidents involving semi-tractor trailers, 18 wheelers, and other big rigs can cause major damages, both to the truck driver and other motorists involved. Fortunately, there were only relatively minor injuries in a recent truck accident in San Jose. SFGate reports that on July 24, 2018 a Gilroy man was driving southbound on Interstate 880 heading towards Highway 1 in San Jose when he lost control of his 2009 Volvo 18-wheeler. The truck trailer began shifting towards the left and eventually overturned, coming to a rest between the fifth and fourth lanes of the 101 entrance ramp.

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school safety tips, school safety, San Jose personal injury attorneys, recreation-related accidents, traumatic brain injuryLate summer is the time when parents slowly wind down activities and start thinking about sending their children back to school. Amidst getting new clothes, shoes, backpacks, and other supplies, it is important to keep some general safety precautions in mind. Students face a serious risk of personal injuries as the result of slips and falls, sports-related injuries, and pedestrian or bicycle accidents. The following are tips designed to help you protect them in the school year ahead.

Preventing Back to School Pedestrian and Bike Accidents

According to the National Safety Council, pedestrian accidents are one of the biggest safety threats students face. Whether they walk or ride the bus to school, it is important to teach them a few general precautions:

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San Jose criminal defense attorneys, hit and run accident, car accident injuries, severe criminal penalties, hit and run chargesMotor vehicle accidents can happen when you least expect them. They may be due to reckless driving behaviors on the part of others, such as making sudden stops or failing to yield, or due to your own errors in judgement, such as driving distracted or under the influence. Whatever the cause and circumstances surrounding a crash, it is important to stop immediately at the scene to protect yourself against criminal charges. Hit and run is a serious matter in San Jose and throughout California. In addition to being liable for injuries others suffer as the result of your actions, you could end up facing severe criminal penalties. 

San Jose Driver Charged With Hit and Run after Multi-Vehicle Accident

A recent accident involving a pick up truck along Vine Street in downtown San Jose set off a chain reaction, resulting in serious injuries for several drivers and passengers, along with causing extensive damage to six other vehicles. ABC7 reported on the accident, which occurred just after midnight on June 28, 2018.

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San Jose personal injury attorneys, large crowd injuries, accidental injuries, slips and falls, traumatic brain injuriesAnytime large groups of people are assembled together, whether inside auditoriums or sports arenas or outdoors at festivals or public street events, there is the chance for conditions that make personal injuries more likely to occur. Space may be at a premium, unexpected accidents can occur, and fights can break out, causing pandemonium and chaos. Knowing what to do and how to handle yourself in a crowd can help to ensure your safety. Consider the following tips to protect yourself and others who are with you.

Preparing Yourself For Crowded Events

Pushing, shoving, and being crushed between objects or under people are all concerns in large crowds, as are slips, trips and falls, and injuries due to dangerous conditions such as fires, electrical problems, adverse weather conditions, and acts of violence by others. Places where these types of issues may occur include sporting events, concerts, street festivals, and social or political protests, such as the recent Families Belong Together rally in June 2018, which the Mercury News reports brought more than 20,000 people together in the Bay area.

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San Jose criminal defense attorneys, protester rights, protesting permits, protester charges, criminal chargesIn recent years, Americans have taken to the streets in large numbers to protest a large variety of local, national, and international policies and practices. Speaking out against perceived injustice is a long and hard won tradition in this country; however, it has become a flashpoint for controversy.

While free speech and the ability to peacefully assemble is a constitutional right, legal actions against protesters have resulted in numerous arrests and the need for a strong criminal defense. Citizens should continue to unite and stand up for what they believe, but it is important to be aware of your rights and the legal limitations before taking part in a protest.

Permits Required For Protesting

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drowning accidents, San Jose personal injury attorneys, drowning risks, children and swimming, Santa Clara drowningSwimming is a favorite activity for children over the summer months. Being out of school, they are likely to want to spend time at the beach or in water parks and swimming at a friend’s home. While this provides children with a fun way to stay physically active and fit, it is important to take precautions to prevent drowning and near drownings, which can result in severe personal injuries.

Drowning Accidents Spike In Santa Clara County

According to a July 2018 report in the Mercury News, drowning accidents have spiked significantly over the past several months. Three children have died as the result of fatal drownings since May, while local hospital rooms have already treated more children for injuries caused by near drowning accidents recently than they have over previous summer seasons. As of the end of June, a total of eight children between the ages of 18 months and 11 years have been affected, with five of the victims under age four.

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Posted on in Personal Injury

sexual abuse, San Jose personal injury attorneys, civil lawsuit, California Victims Compensation Fund, self-defenseSexual abuse is an act of violence and a violation of trust. It can occur among children, among spouses and those in dating relationships, with patients in hospitals or nursing homes, as well as among employers and employees. In addition to the serious personal injuries that can result, it can leave lasting emotional scars as well. While you cannot erase or forget what has happened, the following are steps you can take to help you recover.

Dealing With the Trauma of Sexual Abuse

The trauma suffered by survivors of sexual abuse can end up following them for decades afterward, impacting nearly every area of your life. It can alter how you feel about yourself and disrupt your social activities, your professional development, and your relationships.

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wrongful termination, San Jose employment law attorneys, wrongful termination grounds,  wrongful termination lawsuit, employment contracts, sexual harassmentWorkers in California are protected by both state and federal laws against wrongful termination and other types of discriminatory or unfair labor practices. When violations occur, employers can be held liable through a civil lawsuit. Damages may include reinstatement to your prior position, compensation for lost wages, and payment of fines, legal fees, and other costs.

If you have been recently fired, how do you know if the situation rises to the level where a lawsuit is in order? The following are four situations that can create liability and land employers in hot water.

Common Practices that Could Form the Grounds for Wrongful Termination 

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Internet crimes, hacking, San Jose internet crime defense attorney, computer hacking, Internet-related chargesIn the world of Internet hacking, participants operate under a variety of motives. Some do it for ethical purposes, uncovering vulnerabilities that threaten security. Others engage in hacking for thrill seeking purposes or with the intent of disrupting systems, stealing data and money from accounts, or otherwise causing extensive damage. If caught in this type of situation, you will need an experienced Internet crime defense lawyer on your side to avoid potentially severe penalties.

As a recent local case shows, even with only circumstantial evidence against you, you could still find yourself facing hundreds of thousands of dollars in fines along with a possible prison sentence.

Hacker Faces Felony Charges

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San Jose sex crimes attorneys , sex crimes, sex crime charges, sexual harassment, sexual assaultOf all the criminal charges in the California legal system, sex crimes are among the most serious. In addition to eliciting a strong response from the general public, these charges are likely to have a significant impact on your career and your relationships with others. You could easily find yourself in divorce court, with your rights as a parent in jeopardy, while being out of a job and unable to secure additional employment. In these situations, it is important to take the steps necessary to protect yourself.

Five Steps to Take when Facing Sex Crime Charges

There are a variety of different types of sex crimes listed under the California Penal Code. These can range from stalking and sexual harassment, to engaging in illicit and illegal conduct online, all the way up to charges of rape and sexual assault. In any of these situations, it is important to take the following steps to protect yourself:

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San Jose personal injury attorneys, broken bones,  slips and falls, car accident injuries,  permanent disabilitiesBroken bones are a common type of personal injury, and can occur as the result of slips and falls or due to car accidents involving other motorists, bicyclists, and pedestrians. While painful, the regularity with which they occur often causes victims to underestimate their serious nature. Without proper medical treatment and ongoing follow up care, complications can arise that result in permanent disabilities.

Treatment for Broken Bones 

According to the American Academy of Orthopaedic Surgeons (AAOS), despite their rigid nature skeletal bones are generally somewhat flexible, and it can take significant force or impact for them to break completely in half. Even when they do, the edges may not line up together, or the brake may run vertically, rather than horizontally. With more severe impacts, the bone may actually splinter or shatter into multiple pieces, thus making it even more difficult to repair. Depending on the type of injury suffered, treatment for broken bones may include the following:

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traumatic brain injuries, child brain injury, San Jose personal injury attorney, head injury symptoms, suspected head injuryChildren play hard and it is impossible for parents to prevent injuries that are likely to occur as the result of their rough and tumble behavior. While many of these may be no more than minor bumps, bruises, or scratches, it is important to be alert for the signs of something more serious.

In the summer months, children are busy in parks and in engaging in recreational sports, which increase their risk for suffering bumps and blows to the head. Unfortunately, traumatic brain injuries can occur as the result. The following offers signs and symptoms of which to be alert.

Common Causes of Brain Injuries Among Children

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employment discrimination, wrongful death claim, San Jose employment law attorneys, employer liability, chronic health conditionsMany people suffer from ongoing disabilities and chronic health conditions that prevent them from performing certain types of tasks on their job. While employers have the right to require you to perform specific duties as part of your job description, employment discrimination is illegal and workers are protected against having to engage in activities that could end up putting them in harm's way due to their disabilities. A recent case involving the wrongful death of a San Jose judge highlights the types of problems disabled employees can run into, and how their employers can be held liable in a claim.

Employer Held Liable for Job-Related Death of San Jose Judge

This case centered on a 74-year-old administrative law judge with the California Unemployment Insurance Appeals Board. According to a May 2018 report in the Sacramento Bee, he had worked at the San Jose office for 13 years, presiding over unemployment cases. He suffered from a documented heart condition, which ended up claiming his life in September 2015. In the months prior to his passing, he believed his employer was discriminating against him on the basis of his disability.

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San Jose personal injury attorneys, fatal motorcycle accident, motorcycle awareness, motorcycle safety, motorcycle accident injuriesMotorcycle accidents are an unfortunately common occurrence throughout our area. While riding is a popular hobby due to the temperate climate, the terrain, and the abundance of motorcycle groups, bikers and motorists alike are urged to take extra precautions.

In an earlier blog post, we relayed the results of a 2015 study which claimed California has the second highest motorcycle fatality rate in the nation. A recent accident on northbound 880 illustrates just how dangerous and deadly these types of accidents can be.

Motorcycle Accident Claims Rider in San Jose

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San Jose DUI defense attorney, DUI charges, BAC, legal blood alcohol content, DUI defense attorneyIt is not uncommon to want to go out and have a few drinks over dinner or when visiting neighborhood bars and taverns with friends. Unfortunately, while you may think you are safe to drive if you spread out the amount of alcohol you consume over the course of the night, or stick to beer or wine rather than hard liquors, you could still be at risk for DUI charges.

While the legal blood alcohol content (BAC) limit of 0.08 percent in California may seem high, our DUI defense attorneys have handled numerous cases where just one or two drinks put someone over this limit.

How One or Two Drinks Can Put You Over the Legal Limit

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San Jose car accident attorneys, planning a road trip, vehicle maintenance, traffic collisions, car breakdownThe summer months are the time of year when many of us plan road trips. While residents in San Jose have plenty of scenic options to choose from, it is important to make safety a priority. Breakdowns on interstates and highways increase your risk for car accidents and injuries, which have the potential to be severe. Before your trip, make sure your car is properly maintained and review procedures to follow just in case the unexpected occurs.

What to Do if a Breakdown Occurs

Automotive breakdowns can happen due to improper maintenance, as well as due to traffic collisions. In addition to being an inconvenience, getting stuck on the side of the road can put the lives of you and your passengers at risk. A late May 2018 fatal accident on Highway 101 illustrates these dangers. According to Mercury News, two teenagers boys in an Acura TL jumped a curb near the Oakland Road Overpass, coming to rest on the highway below. While sitting in their disabled vehicle between lanes, they were struck by a 69-year-old San Jose driver. One of the boys was killed immediately, while the other suffered serious injuries. The accident also triggered several other crashes as cars in both lanes struggled to respond. No additional injuries were reported.

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San Jose personal injury attorneys, summer safety, summer camp safety, child injuries, slips and fallsSummer time encourages parents to get creative in keeping children busy and occupied. In a previous post, we highlighted tips on selecting day care arrangements for little ones. For parents with older children and teens, summer camp is one option you may explore. While camps can provide fun, education, and adventure for your child, it is important to keep safety in mind when making your selection. Personal injuries are common among kids and occur frequently over school vacations. The following are tips to help you choose the right camp for your child.

Choosing a Summer Camp

Throughout Northern California and the surrounding areas, there are numerous options to explore in terms of school age summer camps. Some emphasize outdoor fun and fitness, while others are geared more towards nurturing creativity and academic knowledge. The type of camp you choose will depend on your child’s interests and abilities; however, there are some general factors to keep in mind when making a selection.

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