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San Jose CA domestic violence charges restraining orderWhen it comes to crimes such as sexual misconduct or domestic abuse, the laws are often protective of the victim, because of the serious nature of the crimes. This means that the accused are often harshly punished -- even if they did not actually commit the crime. There are many avenues a person can take if they would like to press charges relating to domestic violence, but one of the most common things you can expect to get out of a domestic violence accusation is a domestic violence restraining order. These orders can be highly restrictive on the person accused of domestic violence.

What is Domestic Violence?

The state of California defines domestic violence as abuse or threats of abuse that occur between two people who are or have been in an intimate relationship. Abuse is a broad term, but California law includes:

  • Physically hurting someone;
  • Sexual assault;
  • Making someone reasonably believe they will be hurt;
  • Harassment;
  • Stalking; or
  • Disturbing someone’s peace.
  • For the situation to be considered domestic violence, you must be in an “intimate relationship” with the other person involved. This can include relationships such as:
  • Married or domestic partners;
  • Dating or previously dated;
  • Living together or used to live together; or
  • Two people with a child in common.

What a Domestic Violence Restraining Order Can and Cannot Do

Because a restraining order is a court order, there are certain things that it can require or prohibit you from doing. A domestic violence restraining order can:


CA labor lawyerThe loss of a job may come as an unexpected blow or it may follow months of whispered rumblings and rumors in the employee break room. In either scenario, the end result could mean not only the loss of income, but also changes in your retirement plans and the loss of important medical benefits. In these situations, a strong termination agreement can help to protect your current and future financial security. Amidst a recent layoff initiated by a local company, the following highlights some of the most important issues in these agreements, which workers need to be aware of.

San Jose Based Firm Lays Off Workers After Acquisition

San Jose based Broadcom Inc. recently caught employees off guard when they sent a mass letter informing them of layoffs that were set to be effective immediately. According to media reports, internal documents related to the cut indicate that the global tech giant planned to cut more than 40 percent of the employees that were inherited when it acquired CA Technologies, an enterprise software manufacturer. The cuts are expected to impact roughly 2,000 of the company’s more than 4,800 workers.

Broadcom, which has more than 11,000 workers worldwide, recently moved its headquarters to San Jose from Singapore. Prior to the move, the company had been embroiled in controversy when President Donald Trump cited national security concerns in attempting to block it from acquiring mobile phone chipmaker Qualcomm Inc.


CA injury lawyerThe federal government recently awarded the California Highway Patrol a grant meant to support increased law enforcement and education efforts aimed at reducing the number of pedestrian and bicycle accidents in the state. Considering the fact that Santa Clara County ranks highest for the overall number of bicycle collisions, it stands to reason that a portion of that money will likely end up being used to benefit local programs currently in place.

Increased Enforcement and Education Efforts Focus on Pedestrian and Bike Safety

A program developed by the California Highway Patrol (CHP) was selected to receive more than $1 million in federal grant funds to support efforts at preventing pedestrian and bicycle accidents on roads throughout the state. The program is currently funded through both state and national agencies, such as the National Highway Traffic Safety Administration and the Office of Traffic Safety. The additional money will be used in counties throughout California to help address the issues behind the more than 26,000 pedestrian and cyclists injuries that occur each year.


San Jose CA criminal defense attorneyThe goal of the juvenile justice system is slightly different than that of the adult justice system. It is widely accepted in the legal world that juveniles have more of a capacity for change than older individuals, which is why the juvenile justice system is heavily focused on education, rehabilitation and prevention. California recently passed a law that will prevent juveniles of a certain age from being transferred to adult court for any charges.

New Law Keeps More Minors in Juvenile Court

The new law, Senate Bill 1391, states that all minors who are under the age of 16 must be tried in juvenile court - not adult court. This applies to all charges, even murder charges. This law was passed by California Governor Jerry Brown in September 2018 and will go into effect in 2019. The goal of this law is to help rehabilitate juveniles who are charged with crimes rather than just punish them.

Current Law Allows Juveniles to be Transferred to Adult Court

As the law stands right now, cases involving juveniles who are 14 or 15 years-old can be moved to adult court upon request of the District Attorney and approval by a judge. This new bill prohibits this practice and requires that all cases are heard in juvenile court. Proponents of the new law state that this greatly helps not only the juveniles but society, as well. It is known that teenagers’ cognitive capabilities are not fully developed, leading them to have a reduced ability to determine right and wrong or to realize the long-term consequences of their actions.


CA workers rights lawyerIn any job, there are hazards you may encounter in fulfilling certain tasks that could put you at risk for accidents and injuries. Some job fields and occupations are inherently more dangerous than others, and it is important for employees in these situations to be aware of their rights. Employment laws in California require that certain safety standards be met and provide a clear path for workers to voice their concerns or complaints.

Your Rights on the Job

The Occupational Safety and Health Administration (OSHA) is the national agency responsible for ensuring job standards and protecting workers. They require employers to provide a workplace free of certain hazardous substances while regulating safety practices.

OSHA conducts routine inspections, provides educational workshops, and may cite employers for failing to adhere to the proper standards. They also require employers to post public notices informing workers of their rights, which include:


San Jose CA DUI defense attorneyAlcohol has long been used for its intoxicating effects. In ancient times, alcohol was even consumed in religious and spiritual practices. Now, it is used recreationally as a beverage that allows you to relax and have a good time. 

Those of legal drinking age have a responsibility to refrain from driving while inebriated. In California, the legal limit for driving is a BAC of less than .08. Anything more than that and you can face legal consequences in the form of a DUI. However, alcohol often affects one’s body at levels under BAC .08. If you drink alcohol, you should familiarize yourself with these different stages.

Effects of Different BAC Levels

  • .02: At this point, it is not really apparent that you have consumed alcohol. You will have a slight loss of judgment, but for the most part you will just be relaxed and euphoric. You may also feel slightly warm. You will experience a decline in your ability to multi-task and your visual capabilities will be lessened.
  • .05: At this level, you will have similar symptoms as the previous level, but they will be exaggerated and more apparent. You may feel much more relaxed and have impaired judgment and lower alertness. If you are driving with this BAC, you will have less coordination, difficulty steering and reduced response time.
  • .08: This BAC level is over the legal limit for driving a motor vehicle. At this level, your speech may become slurred, your balance, vision and reaction time will be impaired, and it will be harder for you to detect danger. You may also find that your self-control will be impaired, especially when it comes to maintaining your speed, and you will also experience a reduction in information processing.
  • .10: At this point, you are clearly intoxicated. Your reaction time and control are poor, as well as your coordination. Your ability to stay in your lane and brake correctly are impaired. 
  • .15: This level of intoxication begins the messy and unfun stage of being drunk. You will have far less muscle control than normal and you may even throw up. Your ability to drive will be severely impaired and you will experience a significant difficulty in paying attention to the road.

Are You Facing California DUI Charges?

If you have been charged with a DUI, you need the immediate help of a skilled San Jose, CA DUI defense attorney. At the Jachimowicz Law Group, we can provide you with aggressive representation and fight to get you the best outcome possible. Contact our office at 408-246-5500 to set up a free consultation.


CA accident lawyerThanksgiving provides time off during the week and a break from day to day responsibilities. There are likely to be numerous celebrations with family and friends, at which alcohol may figure prominently. Unfortunately, the chances of overindulging are high and despite efforts of law enforcement and traffic safety officials, too many people make the poor choice to get behind the wheel. As a result, drunk driving car accidents and injuries are common Thanksgiving week. The following offers tips to help keep yourself and those you love safe.

‘Blackout Wednesday’

Anytime there is a holiday, there tends to be a corresponding increase in the number of drunk drivers. According to Alcohol.org, people tend to increase their alcohol consumption rate by as much as 33 percent between the months of November through January. Thanksgiving is often seen as the unofficial kick off for the season.


San Jose CA felony DUI defense attorneyTypically, a DUI will be classified as a misdemeanor offense when you are charged for your first, second or third DUI. However, there are circumstances that will lead to felony DUI charges usually if there is an “aggravating factor” present. It is important to understand how the specific circumstances alleged by police and prosecutors will affect your legal situation and the kind of penalties you might be facing.

DUI Causing Great Bodily Injury or Death to Another

One of the more common ways that a DUI will be classified as felony charge is by causing bodily injury or death to another person while you are driving. California Vehicle Code Section 23153 states that you do not have to have a certain BAC to be convicted of this felony charge. In order to be charged with this felony, you must have a measurable amount of alcohol in your system while driving and have committed a crime or an act of negligence that caused great bodily injury or death to another person.

Three or More DUI Convictions Within the Past 10 Years

The first three times you are charged with a DUI will more than likely be charged as misdemeanors. In California, there are what are known as “priorable offenses” a priorable offense is one that gets gradually more strict with each conviction. DUI is a priorable offense, so if you get more than three offenses within 10 years, your fourth offense will become a felony.


Posted on in Catastrophic Injuries

CA injury lawyerAs fires continue to rage throughout California, our thoughts are with the victims and the thousands of people who have been forced to relocate as a result. As fire officials throughout the state work to get the blaze under control, there is another common fire hazard we want to warn you about. With Thanksgiving just around the corner, families in our area will spend the day gathering with loved ones, hosting elaborate feasts. The emphasis on cooking means an increase in kitchen fires, which can end up resulting in serious burn injuries. The following highlights how common this problem is and the steps you need to take to protect yourself and your guests.

Kitchen Fires a Hazard Over Thanksgiving

While people throughout our area hear frequent warnings about forest fires and the devastation they bring, there is another common threat this time of year which often goes unnoticed. According to the U.S. Fire Administration, Thanksgiving is one of the most dangerous days of the year for residential fires, impacting close to 2,000 families each year and resulting in $19 million in damages. The most common culprit in what can be a potentially life-threatening situation includes fires that begin in the kitchen.

Cooking a turkey and all the accompanying side dishes often takes up a large portion of the day. In addition to your stove and oven, there may be numerous other electrical or gas appliances operating at the same time. It is important to carefully oversee all of these preparations. Avoid having too many people in your kitchen and keep children in another room, out of harm’s way. Even a relatively minor accident involving flames, a hot pan, or kitchen grease can end up doing permanent damage.


CA injury lawyerThere are numerous dangerous behaviors which most drivers try to avoid. Speeding, disregarding traffic signs and signals, and driving distracted or under the influence are all actions which are known to increase car accident risks. However, many people are unaware of the dangers involved with driving while excessively tired and fatigued. A national campaign aims at raising awareness of the problem and the potential risks.

National Drowsy Driving Prevention Week

Many of us maintain busy schedules, with work, school, family, or social obligations which keep us from getting a good night’s sleep. Unfortunately, few are aware of how this can impact driving ability. As part of a yearly campaign, the National Sleep Foundation (NSF) aims at shedding light on this serious problem. Held annually the first full week in November, Drowsy Driving Awareness Week coordinates efforts between law enforcement and public safety officials, to make highways and roads safer across the U.S.


Posted on in Employment

CA workers rights lawyerMany workers dream of obtaining steady nine to five employment, with regular weekends and holidays off to take care of their families and other personal responsibilities. Unfortunately, too many are stuck in jobs with unpredictable shifts, where they are either over scheduled or not given the number of hours they need to support themselves. San Jose and San Francisco are among the few places to have employment laws in place that protect workers against these types of practices. At the Jachimowicz Law Group, we can use these laws to help defend your rights in these situations.

Fair Workweek Laws

Workers in many industries, such as food service and retail, are frequently required to jump through hoops as part of obtaining a weekly schedule. They may have to call in at the beginning of the week or even before a shift to see if they work and the type of shift they are required to cover during the day. As a result, they have little stability in being able to plan for needs such as transportation and child care, and may be denied the total amount of hours they originally were promised when they took the job.

According to the Economic Policy Institute (EPI), there is a growing awareness of how unfair these types of practices are and how damaging they can be to an employee’s overall well being. As a result, several major cities across the United States have initiated fair workweek laws to prohibit these practices. In addition to ensuring workers receive adequate hours and timely notices of schedules, fair workweek laws also aim at prohibiting employers from taking actions against employees who must request time off for certain personal duties, or from requiring them to perform unreasonable split shifts based on peak times of demand. Fortunately, San Jose and San Francisco are among the six major areas that have put fair workweek practices in place over the last several years.


CA injury lawyerIn San Jose and throughout the Bay area, there are numerous opportunities to attend sporting events. Whether you are watching minor league baseball or a pro-football game, one thing you can count is that fans will be enthusiastically cheering on their favorite team. Unfortunately, the competition can get intense, particularly when alcohol is involved. In a recent case, a San Jose man suffered potentially life-threatening personal injuries after being beaten up by another fan outside a 49er’s game. When these types of situations or other incidents occur, you need professional legal guidance in determining who is ultimately responsible.

Brawl at Local Sporting Event

While sporting events may be ‘just a game’ to some people, others take an extremely serious interest in supporting their players and in the overall outcome. Whether there is money or simply bragging rights riding on a game, tempers can easily flare. Unfortunately, a San Jose man was recently caught up in an altercation outside Levi Stadium, which left him fighting for his life as a result.

The 33-year-old victim attended the recent football game between the San Francisco 49ers and the Arizona Cardinals. As he was leaving the stadium, he kicked a beer bottle laying on the ground, which came close a 34-year-old Madera resident. Police say that the Madera resident dramatically overreacted to the situation. He approached the victim, striking him with his fist once in the head, then punching him a second time as the injured man attempted to get away.


San Jose, CA self defense criminal attorneyIf you believe that your life or your well-being is in danger, it can be a scary experience, and you will probably do whatever is needed to protect yourself. This is called the "fight or flight" response, which is a biological human response to danger. Courts understand this response, which is one reason why self-defense laws have been put into place.

Many states have what are known as “Stand Your Ground” laws, which are self-defense laws that allow citizens to use a certain level of force to protect themselves. California is not one of those states, but it does have a version of self-defense called the Castle Doctrine. California also has Criminal Jury Instructions on the topic of self-defense that are given to jurors when deciding a case. 

California’s Castle Doctrine

The California Penal Code contains a provision called the Castle Doctrine, which is very similar to other states’ “Stand Your Ground” laws. PEN 198.5 is the section of the penal code that allows people to use deadly force to protect themselves on their own property. The law states that anyone in this circumstance who uses physical force that is likely to cause death or great bodily injury is “presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family or a member of the household.” A few criteria must also be met in order to successfully invoke the Castle Doctrine: you must also believe or have reason to believe that the person entered your home, and you must not have provoked the intruder in any way.


CA injury lawyerOn November 4, 2018, daylight savings time officially ends. With a proposition on the ballot in the upcoming elections to extend daylight savings practices year round, this could be the last time we set the clocks back. Either way, the change in seasons means it gets darker earlier and one side effect is an increased risk of car accidents and injuries.

Proposition 7 Would Make Daylight Savings Time a Permanent Fixture

To take advantage of extra daylight over the traditional growing season, we set our clocks ahead one hour in March each year. A new proposition on the ballot in November, sponsored by a San Jose Assemblyman, aims at avoiding the habit of setting the clocks back in the fall, making it daylight savings time year round.


San Jose CA traffic ticket attorneyMost states have some sort of points system in place to track drivers’ traffic tickets and violations. California’s points system is called the Negligent Operator Treatment System (NOTS), and it is a system that sends computer-generated warning letters and progressive disciplinary actions to drivers who are convicted of traffic violations. If you accumulate a certain number of points in a specific amount of time, you could be facing disciplinary action such as fines or a driver’s license suspension or revocation.

Assigning Points

Violations can range from zero to three points, and the amount of points received for a violation depends on how serious the violation is.

One Point Violations

Examples of one point violations can include:


Posted on in Personal Injury

CA Injury lawyerHalloween falls on a Wednesday night in 2018. This means children will be rushing home from school, excited to go trick treating while also having parties and events to attend throughout the weekend. This is a fun time of the year, but it is also important for parents to bear in mind some simple safety precautions. Paying close attention to your child’s costume, the route they take in your neighborhood, as well as the behaviors of drivers on the road, can help to prevent potentially serious personal injuries. The following tips can help you as a parent ensure your children stay safe.

San Jose Halloween Safety

The San Jose Police Department (SJPD) knows that while children eagerly look forward to Halloween and the bounty of candy they are likely to receive, for parents it can be one of the most worrisome nights of the year. Between ‘stranger danger’ and reports of tampered candy packaging, it is natural to feel some apprehension.


CA employment lawyerLooking for a new job can be challenging in any circumstances. This is particularly true if you are pregnant. Going to an interview while expecting or with an obvious baby bump can be awkward, but it is important to realize your rights under state employment laws. Employers are prohibited against discrimination against pregnant women, but determining whether you were not hired on this basis can prove challenging. The following outlines your rights in these matters and tips to guide you through the process.

CA Law Prohibiting Pregnancy Discrimination

Discriminatory practices based on pregnancy are prohibited under both state and federal laws. According to the California Department of Fair Employment and Housing (DFEH), employers are prohibited from denying you a job that you are otherwise qualified for and able to perform, simply on the basis of your pregnancy.

Once you are on the job, there are varying requirements for maternity leave based on the size of the company you work for:


CA injury lawyerCar accidents occur in a variety of situations, and they can be attributed to any number of causes. In many cases, it is the reckless driving of other motorists which are to blame, and the specific type of behavior can dictate the type of crash and the extent of the injuries you suffer. The following provides insight into the kinds of car accidents that occur, the behaviors responsible for them, and the injuries you could suffer.

Common Types of Car Accident Collisions

According to the Insurance Information Institutes, more than six million car accidents occur each year in the United States. These result in serious injuries for nearly two million drivers and their passengers, while proving fatal for over 32,000 others. Among the most common types of crashes reported include:

  • Front-end collisions: These can occur when a driver hits a telephone pole or tree, as well as when they swerve from their own lane, causing them to collide with others on the road.
  • Side-impact collisions: Otherwise knowns as ‘T-bone’ accidents, these occur when one driver directly crashes into the side of the other. They often occur in intersections and when making turns.
  • Rear-end collisions: These tend to occur in high traffic conditions when one driver hits into the rear end of the vehicle in front of them.

Car Accident Injuries Based on the Type of Crash

Risky driving behaviors put all motorists at risk and make certain types of car accidents more likely. According to the National Highway Traffic Safety Administration (NHTSA), the following outlines the most common causes. It also lists the types of collisions they are often responsible for and common injuries that can occur as a result:


Santa Clara County conviction dismissal attorneyBeing convicted of a crime can affect everything from personal relationships to your career. If you are convicted of a crime, you will probably have to notify your employer and futur employers of the conviction. Your friends and acquaintances could change their perceptions about you. Criminal convictions can have a huge effect on your life, but it is important to know that you have options on how to deal with them. One such option is to request a dismissal of conviction against you. 

What is a Dismissal?

Many people refer to dismissals as an expungement when they are, in reality, a dismissal. A dismissal changes your plea of guilty or no contest or your guilty verdict to not guilty once you have made a formal request to the court. If the court grants your dismissal, your criminal record will no longer show that you were convicted, but that your case was dismissed. There are certain restrictions that apply when requesting a dismissal, but many crimes qualify for dismissal.

What Convictions Qualify for Dismissal?

Determining eligibility for a dismissal can be confusing because certain requirements must be met. If you were convicted for a misdemeanor crime and you received probation, you are eligible for dismissal if:


CA injury lawyerFog is a fact of life in the Bay area. In San Jose, drivers often encounter it either on their way to work in the morning or on the way home from a night out with friends. Unfortunately, it can wreak havoc on the roads, making car accidents and injuries more likely to occur. As the past few months have been particularly bad for ‘Karl the Fog’, the following offers a refresher course for local drivers, with some simple tips to protect yourself.

The Dangers of Fog

While we often think of dangerous driving behaviors, such as speeding, running stop signs, or driving under the influence, as being the main causes of car accidents and injuries, the fact is that weather plays a significant role. According to the Federal Highway Administration (FHWA), adverse weather conditions are responsible for roughly a quarter of all crashes and collisions which occur each year.

In Northern California, our biggest weather concerns tend to be fog, along with damp roads and periods of heavy rainfall. The FHWA estimates that these alone are responsible for roughly 1.5 million crashes each year. Fog can be particularly dangerous as a result of the following:







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