1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

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.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt
Subscribe to this list via RSS Blog posts tagged in California criminal charges

San Jose, CA forced labor chargesIt can be challenging to finding good workers who are willing to put in the time needed on certain types of jobs. Particularly in the construction field, the work is hard and the hours are long, resulting in high turnover rates. However, cutting corners when it comes to employment practices can result in serious criminal charges. A recent case involving a Bay area contractor is an example of the potentially severe penalties you could incur as a result. 

Contractor Faces Up To 30 Years In Prison on Forced Labor Charges

A local contractor faces up to a 30-year prison sentence over charges of forced labor and employing undocumented immigrants. Over the course of a 10-day trial, jurors heard testimony regarding a Hayward contractor who had worked on major construction projects throughout the area, including a Marriott hotel in San Francisco and Silvery Towers in San Jose. The allegations centered around charges that he had hired workers who were not permitted to legally work in the United States and then subjected them to extreme job conditions in violation of California labor laws. These include: 

  • Requiring them to work 24 hour days;
  • Withholding pay;
  • Threatening to physically harm them; and
  • Threatening to turn them into immigration officials and have them deported if they did not comply with requests. 

The man actively pursued finding the workers through job advertisements he placed in newspapers in Tijuana, Mexico. Those who answered the job ad were told to cross into the U.S. at the San Ysidro port of entry and that the man would arrange for transport to a warehouse in Hayward. Many of the workers ended up living in this warehouse, with some being deprived food for days. The Hayward man was found guilty by a jury in mid-March and is now awaiting sentencing. In addition to 30 years in prison, he could also face fines up to $500,000. 

...

San Jose, CA criminal defense attorneyFacing any type of criminal charges in San Jose is a serious matter. With the potential for heavy fines and jail time, you need an experienced San Jose, CA criminal defense attorney on your side. In an effort to put a dent in the high crime rates experienced throughout the area, law enforcement officials are increasingly focused on apprehending offenders, while prosecuting attorneys are aggressive in making charges stick. 

Local business and property owners have also gotten involved and are becoming more vigilant both in reporting crimes and making an effort to identify suspects. Video recordings are being used more regularly and can end up providing damaging evidence in your criminal court case. 

San Jose Merchants Use Video Recordings To Help Curb Crime In Area 

The San Jose area has been plagued by increasing crime rates, and local merchants took a drastic stand recently in calling attention to the problem. A November 2018 NBC Bay Area report states that after a year of dealing with problems such as prostitution, drug dealing, and assaults in front of their establishments, merchants on Monterey Highway released surveillance videos taken on their property to the press. Contained within the videos includes evidence of the following: 

...

San Jose criminal defense attorneyWhen you are accused of a crime, it can feel like you have no control over your situation. The criminal process can be confusing, and it can sometimes feel like a waiting game when you are in the middle of the criminal justice system process. Though you do have limited control over your situation when you are accused of a crime, there are certain rights that you do have. The United States Constitution guarantees specific rights to each and every U.S. citizen if they are ever accused of a crime. These rights were granted to citizens to ensure that each person has the same chance to a fair trial.

Right to Be Presumed Innocent

When you are accused of a crime, you are presumed to be innocent. In California, the burden is on the state to prove that you are guilty of the crime you are being accused of. This is where the widely-known phrase “innocent until proven guilty” comes from. Going along with your right to presumed innocence, you must also be proven guilty beyond a reasonable doubt, which was put into place to try to prevent people from being incriminated on scant evidence.

Right to Remain Silent

As many people know from popular television shows like “Cops,” the right to remain silent is one of the first rights you are informed of when you are arrested or before you are interrogated by police. Thanks to the Supreme Court case, Miranda v. Arizona, all citizens have the right against self-incrimination. This right means that you do not have to answer any questions or make any statements to police and that a jury cannot use your silence to infer guilt.

...

San Jose criminal defense attorneyIt is normal to feel a little bit nervous before your appearance in court because of criminal charges. It is important to properly prepare yourself for trial because judges will not take kindly to a defendant who is not acting properly or who comes unprepared. Preparing for a criminal trial is not difficult, but it does require some prior planning. Here are a few ways you can get ready for your criminal trial:

1. Prepare Your Evidence

One of the most crucial pieces of your defense is the evidence that you bring to the trial that supports your claim of innocence. Evidence can be in two forms: witness testimony and exhibits. Witnesses can be people who keep records relevant to the case, experts who are qualified to give an opinion about a certain part of the case or any other person who has relevant information about the case. Exhibits are items that support your side of the case. These things can include documents or other objects used to prove your point or disprove the other side’s point, records or photographs. Your attorney will be able to help you prepare the evidence. 

...

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

...

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top