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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 embezzlement attorneys, embezzlement charges, embezzlement cases, embezzlement allegations, criminal defense lawyerEmbezzlement is often associated with corporate America, in which a greedy CEO or company officer absconds to a foreign country with profits or investor funds. However, criminal charges of embezzlement apply in any situation in which you are accused of stealing from an organization that has entrusted you with access to funds. Two recent cases in San Jose highlight the often surprising circumstances in which these crimes occur.

Recent Cases Involving Embezzlement in San Jose

San Jose has been the site of several high profile embezzlement cases that have made headlines across the state. The most recent involves a San Jose school board member who is accused of stealing money from bond measure funds. The NBC Bay Area affiliate reports that a long-time member of the Franklin-McKinley School District Board is accused of taking more than $30,000 that had been donated from contractors, developers, and architects in support of a school bond measure. He faces charges of grand theft, perjury, and violations of the Political Reform Act.

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San Jose car accident attorneys, California public safety campaign, distracted driving dangers, driver negligence, car accident injuriesThe month of April is designated as National Distracted Driving Awareness month. Through the efforts of law enforcement and traffic safety officials, the goal is to make the general public more aware of how important it is to keep your eyes on the road, your hands on the wheel, and your attention to the task of driving to prevent car accidents and injuries.

In addition to automobile drivers and their passengers, distracted driving jeopardizes motorcyclists, bicyclists, public transit riders, and pedestrians as well. At Jachimowicz Law Group, we urge you to be aware of the potential dangers and to practice the following safety tips.

National Distracted Driving Awareness Month

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San Jose ERISA lawyers, retirement benefits, social service agency lawsuit, San Jose employment law lawyers, pension planIf you are fortunate enough to work for a company that offers pension benefits or another type of retirement fund, you are likely counting on these funds to provide for you in later years. Unfortunately, companies can and do mismanage these funds, thus leaving their employees to suffer the consequences. In these situations, there are federal laws which may be able to help.

As experienced San Jose ERISA lawyers, we can assist you in holding employers and plan administrators responsible in these types of cases. A recent situation involving a local social services agency highlights the potential problems some employees face.

How ERISA Protects You

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bike accidents, bicycle accident injuries, San Jose bicycle accident attorney, bicycle safety tips, prevent bike accidentsBicycling is a popular hobby in and around San Jose, in addition to being an environmentally friendly form of transportation. Unfortunately, even when a bike lane is in place, it can still be dangerous sharing the road with other motorists.

Bike accidents resulting from collisions with motor vehicles end up causing serious and potentially life threatening injuries. The following offers tips on how to protect yourself when traveling on two wheels.

Bicyclist Suffers Fatal Injuries After Being Struck by Driver

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bullying, bullying at school, San Jose criminal defense attorney,  school violence, juvenile criminal offensesChildren have long found reasons for picking on one another and getting into fights at school. In light of the spate of tragic shootings, students who act out or engage in violent behavior face serious consequences. If your child has been accused of bullying or any type of violent crime on school grounds, it is a matter you need to take seriously. In addition to being expelled from the district, he or she could face criminal charges.

Bullying and other Aggressive Behaviors

According to StopBullying.gov, a website sponsored by the U.S. Department of Health and Human Services (HHS), one out of every three children experiences some sort of bullying at school or while attending school-related functions. Bullying is most prevalent among middle schoolers, but can impact both older and younger students as well. Common types of bullying include:

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motor vehicle accidents, San Jose accident attorney, Senate Bill 743,  VMT system, traffic assessment systemSan Jose is undergoing a transformation. In addition to job growth, city leaders are aiming to create better neighborhoods while easing the city’s traffic woes and making the area more pedestrian and bike friendly. A recently approved assessment plan for future development promises to help reduce greenhouse gas emissions, while making travel time more convenient and helping to prevent the number of motor vehicle accidents and injuries which occur each year.

Planning Development to Be Smarter, More Convenient

When new developments are proposed in communities, whether it be a shopping center, a business office, or a public park, assessments are conducted to determine the potential impacts it will have on traffic in the area. Previously, it was standard in California to use a Level of Service (LOS) assessment system, which measured vehicle delays at intersections, making projections to determine the possible impacts of new structures.

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criminal background check, San Jose criminal attorney, criminal record, court hearing, criminal charges, criminal defense lawyerWhen facing any type of criminal charges, your immediate concern is likely to be avoiding arrest or potential jail time and minimizing the amount in court costs and fines you may have to pay. While these are vital issues in any criminal defense, it is also important to consider the future impact your charges and conviction could have on other areas of your life.

A criminal past could pose problems in seeking employment in certain fields, getting educational loans, and even obtaining housing. This is one of the reasons why it is so important to have an experienced criminal defense attorney on your case.

Potential Impacts of a Criminal Record

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San Jose employee misclassification lawyers, employee misclassification,  San Jose employment law attorneys, independent contractors, misclassify employeesFor many people, the idea of working independently of an employer is appealing. They may be able to set their own hours and rates while handpicking the types of jobs they want to take. The downside is that they do not have an employer taking out taxes—they must provide for their own benefits, and generally lack the protections that regular employees enjoy.

In some cases, an employer classifies people working for them as independent contractors so that they can save money and reduce their own liability. Employee misclassification is a serious matter that has the potential to jeopardize your wellbeing and future financial security, and it is an issue our San Jose employment law attorneys can help you resolve.

Why Employers Misclassify Employees as Independent Contractors

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product liability claim, San Jose product liability attorneys, dangerous product defects, dangerous children’s products, product recallsAs any parent can attest, caring for small children and babies tends to require a certain amount of equipment and gear. Aside from the standard strollers, high chairs, and clothes that are quickly outgrown, there are any number of toys and specialty items that promise to either educate and entertain your child or make your life as a parent easier.

There are plenty of good products available; however, there is also a shockingly large number of defective products for children from otherwise reputable vendors that end up getting recalled each year. Through a product liability claim against the manufacturer or distributor, you may be entitled to compensation in the event your child suffers injuries as the result.

Dangerous Children’s Products

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San Jose criminal defense lawyers, vandalism, property damage, vandalism crimes, criminal recordWhen you think of vandalism, you may think of school age children pulling petty pranks, such as egging a neighbor’s house and getting into general mischief. While this is sometimes the case, vandalism also includes damage that results in thousands of dollars in repair costs.

A rash of vandalism crimes in San Jose has cost property owners significant amounts of money and has both citizens and police on the lookout for offenders. If you have been charged with this type of crime, you need a strong criminal defense lawyer working on your side to prevent a conviction and potentially heavy penalties, including fines and a possible jail sentence.

Vandalism Crimes in San Jose

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San Jose elder abuse attorneys, nursing home abuse, elder abuse, nursing home neglect, abuse victimFor many of us, taking care of older loved ones and family members is a part of life. Unfortunately, busy schedules often prevent us from providing the amount of attention they need, while their medical condition may make being in a nursing home or long term care facility more practical. In these situations, it is important to be alert to any signs that elder abuse or neglect is occurring. A new report indicates that incidents of abuse occur more commonly than most people think and often end up going unreported by the victims and the nursing home administrators involved.

Elder Abuse and Nursing Home Neglect

According to a 2017 investigative report by National Public Radio (NPR), elder abuse and nursing home neglect may be far more rampant than statistics would have us believe. The report states that as many as one quarter of all cases in which those over the age of 65 are abused or neglected by their caregivers are not reported to police, even though it is required under both state and federal laws. These cases are not minor incidents, but rather involve serious allegations in which victims suffered potentially life-threatening injuries.

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San Jose criminal defense lawyers, resisting arrest, traffic tickets, criminal charges, ticketingIf you are stopped or placed under arrest by police in San Jose, the last thing you want to do is make matters worse by resisting. Compliance is always the best policy to ensure your safety, and the issue of whether the police behaved badly is something your criminal defense lawyer will pursue. New guidelines on making arrests versus ticketing suspected offenders have created some confusion in our area, but make no mistake: resisting could end up resulting in serious injuries along with additional criminal charges.

Near Guidelines for Ticketing Versus Making Arrests in California

In December 2017, ABC7 News reported on changes in guidelines in Santa Clara County, in which police officers were encouraged to rely on ticketing suspects rather than making arrests in certain types of cases. The former policy required officers to give a ticket rather than making an arrest for misdemeanor crimes with bail amounts under $5,000, such as loitering or for a DUI with a low blood alcohol content level.

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San Jose car accident attorneys, car accident, San Jose car accident attorneys, car accident injuries, traffic safety, car accident scenesCar accidents are dangerous events with the strong likelihood for serious and potentially life threatening personal injuries. Even in the event of a minor crash or collision, your actions in the immediate aftermath could put you at risk. It is important to follow the proper precautions at the accident scene, whether it occurs on a neighborhood street, parking lot, or on a major highway. The following highlights the potential dangers and offers tips on how to protect yourself.

Man Killed Emerging from Vehicle after San Jose Car Accident

In early March of 2018, a driver was killed in the aftermath of a car accident in San Jose. The incident highlights the potential risks these situations pose, and why it is important to protect yourself. The Mercury News reported that a local man suffered fatal injuries from being struck by a hit and run driver after emerging from his vehicle following a car accident on Interstate 280.

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San Jose wrongful termination lawyers, wrongfully terminated, wrongful termination lawsuit, California employers, California employeeUnder California law, an employee who is wrongfully terminated is allowed to sue his or her former employer and, if the employee is able to prove his or her case, may recover a variety of different types of damages. This article briefly examines the definition of wrongful termination and also takes a look at the various possible remedies available to wrongfully terminated employees in California.

What is Wrongful Termination?

In California, most employees work “at-will,” which means that they do not have a specified term of employment and, according to section 2922 of the California Labor Code, may have their employment terminated at the will of their employer. In other words, a California employer may terminate an at-will California employee for pretty much any reason.

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fraudulent offshore accounts, fraudulent offshore companies, San Jose criminal defense attorneys, tax fraud penalties, tax fraudWhile some people look forward to getting a hefty refund at tax time due to deductions and credits, others end up owing money on their income and assets. It is reasonable to look for ways to reduce your tax liability; however, you need to be wary of actions you could take that would be considered tax fraud.

The IRS is on the lookout for people who use fraudulent offshore accounts or companies to shield their income. If you are convicted of these types of white collar criminal charges, you could then face a potential jail sentence as well as heavy tax fines and penalties.

The IRS and Abusive Tax Schemes

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San Jose personal injury attorneys, dog attacks, dog bites, fatal personal injuries, dog bite injuriesDogs have a well earned reputation for providing companionship and comfort to their owners. While public areas throughout San Jose pride themselves on being ‘dog friendly,’ it is important to keep your dog on a leash at all times for their own safety and the protection of others. When dogs owners fail to control their pets, serious and potentially fatal personal injuries can result. A recent situation occurred at a beloved San Jose Zoo, where several animals were killed by roaming dogs. Unfortunately, it is not an isolated incident. Dog bites have been responsible for several deaths in our area over the past year.

Happy Hollow Dog Attacks Claim Zoo Animals

People through the San Jose area have been up in arms over the issue of roaming and unattended dogs since two separate dog attacks at the Happy Hollow Park and Zoo killed several of the park’s animals. The Mercury News reports that the first incident was discovered on January 15, 2018, when zoo workers arrived for their shifts to find one of the miniature horses mauled and dead in their pen. Security camera footage revealed a pack of three dogs had been roaming the park after hours, but the attack itself was not on videotape. Despite additional precautions, it happened again less than a week later, when zoo workers arrived in the morning to find three other miniature horses and a donkey dead.

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car accident collisions, San Jose car accident attorneys, reckless driving behaviors, traffic-related injuries, aggressive drivingIn San Jose and throughout Santa Clara County, car accidents result in thousands of serious and potentially life threatening injuries each year. While crashes and collisions generally occur as sudden, traumatic events, it is important for drivers and their passengers to be aware of the risks. In addition to being conscientious about avoiding the common types of reckless driving behaviors that make car accidents more likely to occur, such as speeding, driving under the influence, and disregarding traffic signals, you should also be aware of the most common types of collisions.

Common Types of Car Accident Collisions

According to the latest statistics from the California Office of Traffic Safety (OTS), more than 5,000 people in Santa Clara County are seriously injured or killed as the result of car accidents each year. Overall, this ranks us near the bottom of the list compared to other counties throughout the state. Unfortunately, the number of alcohol-related crashes we experience is significantly higher than in other areas. Another leading factor of car accidents in San Jose and the surrounding areas is speeding, which is responsible for more than a quarter of all traffic-related injuries and deaths.

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San Jose criminal defense attorney, criminal charges, gang-related crimes, gang crimes, gang membersAt Jachimowicz Law Group, we work with clients of all ages who face a variety of different types of criminal charges. Among the most severe are those in which gang activity is suspected. Whether it involves crimes such as vandalism, drug offenses, or assault and robbery, the fact that the suspect was affiliated with a gang significantly increases the charges and potential penalties.

Gang-Related Crimes in San Jose

Gang-related crime is a problem throughout California, and law enforcement officials have been cracking down in an effort to apprehend suspects. In late January 2018, the Mercury News reported that police had arrested 12 individuals responsible for a rash of crimes in the San Jose area over the past year. Those charged include seven adults and five juveniles who are suspected of committing more than 30 crimes, including burglary, carjacking, assault, and drug offenses.

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San Jose personal injury attorneys, truck accidents, drowsy driving, distracted driving, truck driver safetyWe depend on truck drivers to deliver the products, good, and materials we use daily. Trucking companies know this, and can end up putting pressure on truck drivers as a result. These drivers are often required to work long hours, making multiple trips unloading and loading heavy cargo. Without the proper rest, they run the risk of being overly tired or even falling asleep behind the wheel. Truck accidents due to drowsy driving are a common problem, and it is other motorists who often face the most severe consequences.

Truck Drivers and Drowsy Driving

According to the Centers for Disease Control and Prevention (CDC) drowsy driving in general is a major problem in the United States. Working multiple or swing shifts, staying up late to study for exams, and meeting the demands of an active social life can all result in getting less sleep than your body needs. Unfortunately, this has a significant impact on your driving abilities. The CDC claims that while the dangers of falling asleep behind the wheel are obvious, even missing just one or two hours of sleep can have the following impacts:

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whistleblower protections, San Jose employment law attorneys, workplace harassment, discriminationWorkers have rights which protect their health, safety, and wellbeing on the job. When the company you work for violates these rights there are options available to hold them accountable. Unfortunately, those who do speak up often face retaliatory actions, such as harassment, being denied a promotion, and even being let go from their job. Whistleblower protections help to prevent your employer from taking these types of negative actions, and can help to defend your rights to work as well as your income and benefits.

California Whistleblower Protections

Employees are encouraged to speak up against discrimination, unfair policies, and unsafe practices that occur in the workplace, and the state has specific laws to protect them when they do. The California Department of Industrial Relations (DIR) advises that employees should notify their office or other government agencies so that their accusations can be investigated and appropriate actions against the employers can be taken. The DIR is aware that employees in these situations often risk their positions and their reputations within the company when they do speak out, which is why whistleblower protections are in place.

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