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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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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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tax fraud charges, San Jose tax fraud attorneys, tax schemes, foreign trust schemes, avoiding taxesThe hustle to get your taxes filed on time and to claim the maximum amount of deductions may be a distant memory, when suddenly you receive a notice from the IRS in the mail. An audit or investigation may have been opened in your case, or they may simply be requesting some further information. In either event, the prospect of tax fraud charges is a frightening one, with the potential for serious criminal penalties as well as fines and seizures or liens on property. If you have received this type of notice, the following outlines common reasons for investigations and the steps to take to protect yourself.

Tax Schemes the IRS is Looking For

If you are self-employed, own your own business, or are in a high tax bracket, there are a number of actions you can take throughout the year to help reduce your tax burden. Unfortunately, not all of these are legal and among the ones that are, they can easily be abused. The Internal Revenue Service (IRS) is always on the alert for certain types of schemes, and while it may take several months or even years, they will eventually launch an investigation.

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age discrimination, San Jose employment law attorneys, age discrimination lawsuits, Workplace Discrimination, Workplace Discrimination lawsuitWhile prior work experience and proven years of success in a particular industry looks good on a resume, many companies still prefer employees who are young and can project a youthful appearance. Unfortunately, age discrimination is alive and well, and it is not just small, independent companies engaging in it. Some of the biggest names in corporate America have found themselves at the center of lawsuits. Consider the following subtle signs that age discrimination that may be a problem in your own workplace.

Age Discrimination Lawsuits

An April 2018 report by the Washington Post announced that the National Football League (NFL) was recently named in a federal age discrimination lawsuit, filed by ex-security officials who were replaced during the previous season. A total of nine men in their 60s and 70s filed against the sports giant, claiming they were unfairly replaced by younger workers after a new security chief was installed.

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San Jose personal injury attorney, dog attack, unleashed dog, dog bite injuries, dog bitesThroughout San Jose and the entire Bay Area, there are numerous parks, restaurants, shopping plazas, and other venues which are friendly to four legged companions. While being able to take your dog with you on outings allows for plenty of advantages, it also comes with a certain amount of responsibility. Individual pet owners are responsible for their dogs behavior, and can be held accountable when dog bites resulting in serious personal injuries occur.

Consider the following tips on how to protect yourself when encountering a dog, either with the owner or unattended, as well as what to do in the event a bite or attack occurs.

Protecting Yourself Against an Attack

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cyberbullying, Internet crimes, San Jose criminal defense attorneys, criminal charges, electronic harassmentBullying behaviors, such as calling others names or picking on aspects of their appearance, has long been a problem among school age children. With the Internet and social media sites allowing for easy communications and comments among users, it has become an increasing common problem with adults as well. When disagreements and differences of opinions turn into personal attacks, you could find yourself facing charges of cyberbullying. This is a potentially serious type of Internet crime that requires an aggressive defense to avoid both criminal and civil penalties.

Cyberbullying in California

The California Attorney General takes a strong stance against cyberbullying in light of the potential impacts it can have on victims. The anonymity provided by social media can often embolden this type of behavior, but the fact is you can easily be tracked down and charged for this crime, particularly if the person targeted suffers physical, emotional, or financial harm as a result.

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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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