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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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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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Posted on in DUI

San Jose criminal defense attorneys, DUI charges, suspended license, DUI cases, DUI penaltiesDriving under the influence of alcohol, prescription medications, or any illegal substance is a serious matter in California. The state has some of the harshest DUI penalties, which include heavy fines, lengthy driver’s license suspensions, and potential mandatory minimum jail sentences.

If you are arrested and charged with any type of DUI, you need an experienced criminal defense attorney working on your case. While you may think you are saving yourself money and can defend these charges on your own, it can have long ranging impacts on every area of your life, jeopardizing your freedom and financial security.

California DUI Laws

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San Jose car accident attorney, teen car accidents, driving safety tips, reckless driving, distracted drivingFor parents, the day their teenager gets his or her driver’s license is the day they can retire from being a chauffeur—no more carpooling kids to school or waiting outside movie theaters when your child is late for the pre-arranged pick up time. Unfortunately, it can also mean the end of a good night’s sleep, as you wait for your teen to return home safely in your vehicle.

Teens are the most at risk group for car accidents, which can end up resulting in serious and potentially life threatening injuries. The following offers information to make you aware of the dangers, along with tips on communicating to your teen the importance of driver safety.

Teen Car Accidents and Injuries

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San Jose car accident attorneys, car accident injuries, self-driving car accidents, self-driving technology, autonomous vehiclesThere is no denying that self-driving cars are the wave of the future, and California drivers continue to see more of these vehicles on the roads. The justification is that autonomous vehicles remove or reduce the potential for driving errors, which are the most common cause of car accidents and injuries. There are concerns, however, about limitations in these new technologies and over reliance on them on the part of drivers. Recent incidents in our area and in other parts of the state highlight the need for drivers to remain alert, even when operating a vehicle with self-driving features.

Safety Concerns Over Self-Driving Technology

A January 2018 Newsweek report about a self-driving car accident in Culver City highlights the concerns many have about autonomous vehicles. The accident involved a Tesla in autopilot mode, which crashed into a fire truck parked in an emergency vehicle lane. While the truck was clearly visible with lights flashing, the self-driving Tesla failed to recognize the obstacle and the driver failed to intervene. Miraculously, no one was injured, despite the fact that the car was totaled.

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San Jose criminal defense attorneys, intellectual property crimes, Internet crimes, civil lawsuits, intellectual property violationsThe Internet provides a wealth of opportunities for the sharing and sale of different products and ideas. Much of the materials, services, and goods you are likely to find online are copyrighted or trademarked. Using others’ ideas, selling or copying their products, and accessing their services without permission or by going through improper channels can end up leaving you in serious hot water. Internet crimes can result in civil lawsuits as well as criminal charges, which have the potential to seriously impact your freedom and financial security, now and in the future.

Intellectual Property Crimes Online

It is easy to share ideas and information you stumble across online, or to incorporate these things into your own online store, website, or social media pages. While you may assume what you are seeing, sharing, or selling is perfectly legitimate, the fact is that you may be infringing on someone else’s trademark or copyright. This has become an increasingly common problem, and federal law enforcement officials are increasingly becoming involved.

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pedestrian accidents, San Jose personal injury attorneys, traffic accidents, motor vehicle accidents, distracted drivingWalking is often recommended by doctors and healthy living aficionados as an excellent way to get exercise and to reduce stress. San Jose provides a temperate climate, with plenty of trails and pathways throughout the city’s neighborhoods to enjoy, but it is important to be aware of the potential dangers.

In accidents involving motor vehicles, pedestrians are at a high risk for serious and potentially fatal personal injuries. Unfortunately, these accidents impact dozens of people in our area each year. The following highlights who is most at risk, and what San Jose is doing to address the problem.

Risks Factors for Pedestrian Accidents

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San Jose employment law attorneys, hostile workplace environment, filing a grievance, employment law, workplace harassmentFor some people, going to work each day is like stepping onto a battlefield. Harassment from coworkers or managers, and an overall hostile work environment, can derail your career while taking a considerable toll on your health and well being. As attorneys adept at handling cases involving employment law, we can help defend you in these types of claims. Certain types of practices, which are prohibited by state and federal laws, could entitle you to file a lawsuit against your employers, particularly if they have no established policies in place to address your grievances.

Hostile Work Environment

A hostile work environment may be one in which you are discriminated against on the basis of your age, race, gender, sexual orientation, nationality, or religion. Or, it may be one in which fundamentally unfair policies and practices are allowed to flourish. This could include any of the following:

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