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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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Internet crime, child pornography, San Jose Internet crime attorney, dark web, sex offenderJust about anything is available for purchase online, but just because it is being offered does not mean it is legal. Unscrupulous sellers provide products ranging from illegal weapons and narcotics to child pornography, while there are those willing to perform illegal services, such as assault, theft, and murder, for a price. Internet crime is a big business, and unsuspecting people can easily become ensnared. It is always important to remember that there is no such thing as anonymity online, and purchases you make can easily be tracked and reported to the authorities.

San Jose Coach Arrested for Child Pornography after eBay Purchase

You do not have to be on underground ‘dark web’ sites to get in trouble for online purchases. Buying quantities of weapons, known poisons, or chemicals associated with drug manufacturing or bomb making can trigger an alert. The Drug Enforcement Administration (DEA) encourages tips from online sellers and observers of social media postings in which illegal or potentially dangerous activities are discussed. One call is all it takes to trigger an investigation.

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San Jose employment law attorneys, part-time worker, Opportunity to Work Ordinance, temporary workers, right to workAs local businesses get ready for the summer season, many will be looking to add college or high school students and other temporary workers to their staff to accommodate increases in customer flow. If you are a part-time employee, you may be looking forward to the upcoming months as an opportunity to pick up extra money for yourself and your family by increasing your hours. Unfortunately, employers may be reluctant to increase time on the job for part-timers out of reluctance of having to pay additional benefits. Our San Jose employment law attorneys stand up for the right of workers in these situations. Under local ordinances, employers can face penalties for not increasing the hours of current employees before hiring on additional, temporary staff.

San Jose’s Opportunity to Work Ordinance

Chain restaurants and franchise stores look forward to increased profits over the summer months due to a surge in summer travelers. Employees look forward to this time of year as well, as it allows them to make additional income. Unfortunately, part-time, year-round workers may be disappointed to find their hours remain the same while their boss brings in temporary help. This is often done to alleviate any concerns the company has about changes in employee status or having to offer benefits.

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summer daycare, San Jose personal injury attorneys, child care center licensing, daycare negligence, daycare injuriesThe summer months mean children are out of school, thus leaving busy parents to plan on ways to occupy their time. Time spent in a daycare facility or with a babysitter may be needed to ensure older children are supervised throughout the day and to provide for the needs of younger ones.

Deciding on the right provider in either situation can easily create tension, as parents worry about safety and the quality of care their children will receive. To keep everyone happy and to protect against potentially serious accidents and personal injuries, consider the following tips to help guide you in making these arrangements.

Child Care Center Licensing in California

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San Jose premises liability attorneys, reporting crimes, premises liability claim, college campus crime, stalking casesCrime can happen anywhere. However, to cut down on the risks, most of us try to be conscious of places where we might be vulnerable and areas where previous violent assaults, sexual attacks, and other crimes have occurred. When property owners fail to warn visitors of dangers or to take the actions needed to prevent crimes, they may be held liable for the damages suffered through a premises liability claim.

A recent situation in our area and throughout the state highlights the problems that can arise when companies and organizations fail to disclose criminal activity. A state audit found that college campus crime is often underreported by administrators and school officials. Parents claim that when students are unaware of the situation, it increases their risks of being victimized.

Campus Crime Underreported In California

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San Jose drug defense attorneys, drug crimes, drug charges, criminal conviction, drug diversion programDespite relaxed laws in terms of recreational marijuana use, drug crimes in California are still vigorously prosecuted and a criminal conviction can carry potentially serious penalties. In San Jose, the best way to protect yourself against a criminal record and the possibility of a jail sentence is to have an experienced criminal attorney working on your case. At Jachimowicz Law Group, we build a strong legal defense for clients facing drug charges, which may include exploring drug rehabilitation and treatment options as a way of getting your charges dropped or dismissed.

California’s Proposition 36

When representing clients charged with drug offenses, our first approach is to thoroughly investigate every aspect of your case, gathering evidence that would support getting your charges reduced or completely dismissed. This may include disputing witness statements and physical evidence collected at the scene, along with uncovering discrepancies in your arrest or the way in which your charges were processed. Depending on the situation, we may be able to negotiate with law enforcement officials and with the prosecuting attorney prior to taking your case to trial.

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soft tissue injuries, San Jose personal injury attorneys, motor vehicle accidents, slips and falls, personal injury recoveryDamage to the muscles, tendons, and other soft tissues are among the most common types of personal injuries. They often occur as the result of motor vehicle accidents, slips and falls, during sports or recreational activities, or as the result of overuse on the job. While these injuries often involve less aggressive medical treatments, the fact is they take up to a year or more to heal and can end up resulting in permanent disabilities.

Have You Been Diagnosed with Soft Tissue Injuries?

The term ‘soft tissues’ refers to the various muscles, tendons, ligaments, and other connective tissues that surround the bones and joints throughout the body. Even an otherwise minor accident can result in pain, swelling, and limited movement in the body part affected. According to the American Academy of Orthopedic Surgeons (AAOS), there are three common types of soft tissue injuries:

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San Jose personal injury attorney, boating accidents, boating safety, boating and alcohol, reckless boatingNow that summer is here, many San Jose residents will likely take to the water. With ocean and bay temperatures hovering at less than 60 degrees, boating provides a way to enjoy a day out without having to grapple with a wetsuit. Unfortunately, the more people there are on area waterways, the greater potential for mishaps.

Boating accidents can easily result in drownings, and even otherwise minor collisions can cause end up resulting in serious personal injuries. Before heading out, be aware of the dangers and the steps you can take to protect yourself and your fellow passengers.

Boating Safety in San Jose

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workplace accidents, workplace injuries, San Jose injury attorneys, food service workers, soft tissue injuriesWorkers of all ages can find steady employment and make successful careers out of working in the food service industry. Particularly in the summer months, neighborhood restaurants and fast food places often increase hiring among kitchen and other back-of-the-house workers to keep up with consumer demands. While this can allow you the opportunity to pick up some extra income, there are issues with these jobs of which you need to be aware.

While a recently passed law now allows kitchen workers to supplement otherwise lower wages with pooled tips, they still face a higher risk for workplace accidents and injuries.

Kitchen Workers Approved for Tip Pooling in California

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employment discrimination, San Jose workplace discrimination attorneys, immigrant job discrimination, Workplace Discrimination, national origin discriminationThe current political climate and recent changes in government policies have taken a heavy toll on the immigrant population. In addition to the fear of being targeted for hate crimes and abuse, they also face a greater likelihood for employment discrimination. While local leaders and community members have taken a stronger stance in general to provide support for people from other countries and to protect them in our community, the fact is there are still those who hold strong opinions on nationalism and reflect those in their business practices. The following highlights important information about the immigrant population in our area and the hurdles they can face in the job market.

San Jose is Home to a Diverse Population

According to the National Immigration Forum, San Jose is home to a diverse population of individuals and extended family members, of whom more than 35 percent are immigrants from other countries. The largest percentage of foreign born residents in our area come from places throughout Asia and Latin American, as well as from African nations, such as Ethiopia.

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petty theft crimes, San Jose criminal defense attorneys, stolen property, theft crimes, minor criminal chargesWhen you think of theft crimes, you may envision a hardened criminal or a slick grifter who eyes up his or her prey before making off with money, cars, jewelry, or other valuable assets. While these types of cases often make headlines, petty theft crimes often go unnoticed. Unfortunately, even a minor incident can draw lots of negative attention, depending on your career or your reputation within the community.

A recent case involving a local newscaster covering an NBA game highlights the controversy even a seemingly minor crime can cause, particularly if you are in the public eye.

Bay Area Newscaster Faces Hot Water After Taking Team Jacket

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San Jose motorcycle accident attorneys, motorcycle accidents, motorcycle safety gear, motorcycle safety course, defensive driving techniquesThe late spring and summer months are perfect for motorcycle riding in San Jose, but bikers of all ages and experience levels are urged to use caution. A recent string of motorcycle accidents in our area emphasizes the need for safety and the importance of knowing proper defensive driving techniques. 

Motorcycle Safety in San Jose

The NBC Bay Area affiliate recently reported on a fatal motorcycle accident in San Jose, which is one of several major crashes involving bikers that have occurred in our area over recent months. In April 2018, a motorcyclist was killed on Blossom Hill Road and Judith Avenue in south San Jose, after losing control of his bike and colliding with a car stopped in traffic in front of him. The biker, who was not wearing a helmet, was pronounced dead at the scene.

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arrest warrant, San Jose criminal defense attorneys, misdemeanor crimes, San Jose criminal charges, criminal chargesHearing that an arrest warrant has been issued against you may send you into a panic. You may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at your home or place of business. While these scenarios do occur, the fact is that actions taken by law enforcement largely depend on the specific criminal charges and the circumstances surrounding a person's case. An arrest warrant is nothing to take lightly, however, and is something you should consult an experienced criminal defense attorney on right away to ensure your rights and best interests are protected.

California Arrest Warrants

An arrest warrant can be issued whenever the law is broken, whether it involves a traffic ticket, a white collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under the California Penal Code, a law enforcement official can arrest you at the scene immediately if he or she sees a crime has been committed. Or, an officer can request an arrest warrant from the court based on the evidence in your case.

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San Jose personal injury attorney, violent crimes, violent assaults, sex crimes, assault injuriesBeing a victim of a violent crime is a harrowing experience. Whether you suffer personal injuries due to assault and battery or as the result of a sex crime, it can leave physical and emotional scars that take years from which to recover. To alleviate the additional burden of lost wages and mountains of medical debt in relation to your injuries, there are options available that can provide the compensation needed to meet these and other costs.

Violent Crimes in San Jose

According to the San Jose Police Department (SJPD), nearly 4,200 residents of our area were victims of violent crimes over the course of 2017. This represents a significant increase over the prior years figures, and more than half of these involved violent assaults and sexual crimes. Injuries that are often related to these crimes include:

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San Jose criminal defense attorneys, California criminal charges, criminal defenses,  mitigating circumstance, insanity defenseFacing any type of criminal charges in California is a serious matter. In addition to potential court costs, fines, and the prospect of a criminal record that follows you for the rest of your life, you could also be subject to a mandatory minimum jail sentence. In these situations, you need an experienced San Jose criminal defense attorney to begin working immediately on your case.

Even in situations where there is overwhelming evidence against you, we may be able to show you were not responsible for your actions, thereby avoiding many of the harsher penalties associated with a conviction.

Building a Strong Defense Against Criminal Charges

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fatal DUI accident, San Jose car accident attorneys, drinking and driving, felony DUI, fatal car accidentsDrinking alcohol and getting behind the wheel is a dangerous combination and can lead to car accidents and injuries that can be severe and life threatening. When fatal accidents do occur, it is particularly tragic and tough on surviving family members, especially knowing that it could have easily been prevented. A recent fatal DUI accident involving a female driver in San Jose highlights the potential dangers of drinking and driving and the devastating consequences that can occur as a result.

San Jose Drunk Driver Responsible For Fatal DUI Accident

In late March 2018, the Mercury News reported on a fatal DUI-related accident that involved a San Jose woman and three teenagers on a spring break trip. The crash occurred on I-5 near Los Banos, which killed two of the teens involved, and left the third with serious injuries.

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workplace accidents, San Jose employment law lawyers, workplace injuries, workplace safety violation, maintenance worker injuriesDuring the early spring months, maintenance workers are often out in full force completing tasks in anticipation of summer and the busy tourism season ahead. Unfortunately, many types of jobs maintenance workers perform can end up putting them in jeopardy. While employers are responsible for providing the proper training and safety equipment, it is often up to the workers themselves to be aware of potentially dangerous situations which could put them at risk for serious and even life threatening workplace accidents.

A recent case in San Jose highlights the risks many workers face. To protect yourself, it is important to be aware of your rights and the proper procedures to follow if a suspected safety violation occurs.

Tree Trimmer Killed In San Jose Emphasizes the Need for Caution

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San Jose criminal defense attorney, sexual crimes, sexual assault charge, statute of limitations, California sexual assault casesA recent case involving allegations of sexual assault on a local college campus emphasizes the serious nature of sexual crimes in San Jose. Sexual assault allegations that are based on current events, and those that stem from incidents in the past, can result in charges that have the potential to ruin a person's reputation and result in a lengthy prison sentence.

San Jose Student Charged with Sexual Assault By Classmates

Controversy has been swirling around San Jose State University amid allegations of sexual assault that victims claim occurred within on campus housing. In mid-March, 2018, ABC 7 News covered the story in which a 21-year-old chemical engineering student was charged with several sex crimes, including sexual assault, assault with the intent to commit sex crimes, false imprisonment, and sexual battery.

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San Jose car accident attorneys, fatal car accidents, not wearing a seat belt, car safety, traffic enforcementSanta Clara County residents have become accustomed to hearing about traffic accidents in the local news. A recent crash that occurred in mid April 2018 was unique in that the driver was occupying a stolen vehicle. It also stood out for being the 15th fatal car accident to occur since the beginning of the year. These numbers are alarming, both for traffic safety officials and drivers in the area. 

What Makes Some Car Accidents so Deadly?

On April 11, 2018, ABC 7 News reported on a fiery single vehicle car accident in San Jose that left the driver dead and two passengers with life threatening injuries. The crash occurred at 1:20 a.m. on West San Carlos Street near Bird Avenue, when a man driving a stolen Hyundai lost control of the vehicle.

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personal injury causes, San Jose personal injury attorneys, slips and falls, personal injury claim, causes of accidental injuriesAccidents happen. Even a seemingly minor incident can end up leaving you with personal injuries that prevent you from working or engaging in your usual activities, while requiring the need to ongoing medical care and treatment. In many situations, the ‘accident’ responsible for your injuries is actually due to the reckless and negligent actions of others, thus entitling you to compensation through a personal injury claim. The following highlights six of the top ways in which these types of injuries occur.

Common Causes of Personal Injuries

According to the Centers for Disease Control and Prevention (CDC), accidental and unintentional injuries send more than 30 million people to hospital emergency rooms for treatment each year in the United States. Even if your injuries are relatively minor, they can cause impairments that impact your life for months and even years afterward. The CDC lists the following as the top six causes of accidental injuries: 

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San Jose auto recall attorneys, Takata airbag scandal, auto recalls, airbag defects, defective airbagsAirbags offer potentially life-saving protection in the event of car accidents and injuries. They provide a cushion to keep you in place while preventing you from slamming against windshields, dashboards, or other hard surfaces. Unfortunately, one of the major automotive airbag manufacturers has been embroiled in controversy while being the subject of auto recalls for the last three years. Rather than saving lives, the company is accused of producing defective airbags that can end up leaving drivers and their passengers with serious and potentially life threatening injuries. New developments in the case and additional recalls impacting major automobile manufacturers continue to keep the Takata airbag scandal in the news.

Airbag Recall Triples in Size Over Past Year, While Consumers Wait for Replacement Parts

In April 2018, Consumer Reports relayed the latest information about the Takata airbag defect scandal, which has impacted more than 37 million automobile owners in the United States. The problem was first discovered in 2015, yet automobile manufacturers have been slow to add themselves to the list or to make provisions to replace the nearly 50 million airbags that are estimated to be defective. Over the past year, the number of cars affected has nearly doubled.

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