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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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age discrimination claim, San Jose age discrimination lawyer, California employment law, workplace discrimination, Workplace discrimination lawsuitEmployment law in the United States makes it illegal for employers to deny or limit the employment opportunities available to job applicants and employees based on their advanced age. Therefore, a California worker who has been discriminated against in the workplace based on their age and, as a result, has suffered an adverse employment action (for example, has been denied employment, had his or her pay reduced, was refused employment benefits, had his or her hours cut, was terminated, etc.) can file an age discrimination claim if he or she is of a qualifying age.

There are several different laws under which an age discrimination claim can be filed and the majority of these claims are filed under the federal Age Discrimination in Employment Act (ADEA). Consider the following information as to how one can pursue an age discrimination claim under the ADEA.

Pursuing an Age Discrimination Claim Under the ADEA

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mass transit accident, San Jose personal injury attorneys, light rail fatalities, light rail accident,  light rail collisionsLight rail train transit is one of the safest forms of travel in the United States. Compared to walking, biking, or driving your own car to and from work or school, your chances of being involved in a mass transit accident of any type are significantly reduced. Unfortunately, while the overall odds are generally in your favor, a string of collisions involving light rail trains have plagued the San Jose area. Consider the following information regarding what you need to know about these types of accidents, the odds of them occurring, and what you can do to protect yourself.

Recent Light Rail Fatalities Involving the VTA

The Santa Clara Valley Transportation Authority (VTA) provides bus service as well as transit rail lines, offering a fast and convenient form of transportation for people in and around the San Jose area. While generally considered safe, an accident in which a pedestrian was killed is just one of several that have occurred over the past year.

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San Jose car accident attorneys, car accident fault, car accident, comparative negligence, personal injury claimCar accidents are complex events, with multiple factors often leading up to a crash. While one of the drivers may be obviously to blame, the other may share a portion of the responsibility, either for the accident itself or for the severity of his or her injuries. If you were involved in a crash or collision in which you are partially at fault, it is important to be aware that you may still be entitled to compensation for the damages you suffered.

Determining Fault in a Car Accident

California is known as a ‘fault based’ insurance state. Therefore, when a car accident occurs, the at-fault driver can be held liable for damages you suffer. Esurance advises that in determining blame for an accident, insurance investigators will typically obtain statements from each driver and copies of police reports, while visiting the accident scene and surveying the damage to the vehicles. Insurance companies are in business to make a profit. Hence, if they determine you to be even partially responsible for your accident or your injuries, they may thus deny your claim.

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San Jose criminal defense attorney, pretrial diversion programs, criminal charges, first time offenders, criminal convictionFacing criminal charges in California is a serious matter. Regardless of how seemingly minor the crime, a conviction can have significant impacts in every area of your life. In addition to heavy fines, court costs, and a potential jail sentence, having a criminal conviction on your record could prevent you from obtaining work, from being eligible for student loans, and even from obtaining a lease or a mortgage. In these situations, you need a strong criminal defense attorney by your side.

Depending on the circumstances and your charges, you may be offered a pretrial diversion program. While often presented as a second chance, allowing you to avoid a criminal conviction and serious penalties, jumping into these agreements may not be in your best interests.

Pretrial Diversion Programs In California

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Posted on in Personal Injury

personal injury recovery, San Jose personal injury attorney, medical expense compensation, personal injury settlement, broken bonesIf you have suffered a personal injury as the result of a car crash, a slip and fall, or other type of accident, you are probably eager to put the whole incident behind you and move on with your life. In this situation, an early settlement offer from an insurance company can seem like the perfect opportunity to get compensation for your medical expenses and other costs you have incurred. Unfortunately, insurers use this time when you are most vulnerable and not completely healed from your injuries to offer you settlement amounts that are often far less than what you will eventually need or are entitled to.

Allowing Yourself the Time to Heal

Not all personal injuries are easy to diagnose, and it can be difficult to determine any potential long term damages or impairments they can cause. Often times, it takes extensive diagnostic testing, along with time for various symptoms to reveal the extent of the damage. According to the Centers for Disease Control and Prevention (CDC), more than 30 million people suffer personal injuries serious enough to require emergency hospital care each year.

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San Jose criminal defense attorney, misdemeanor, felony charges,  criminal conviction, felony offensesGetting charged with any type of crime in California is a serious matter. A criminal conviction will remain on your permanent record, impacting you for years to come. In addition to the fines and potential jail time you may be facing, your charges could prevent you from obtaining jobs, student loans, and even a mortgage or housing. Of course, the types of charges you face are a major consideration. Whatever your situation, our San Jose attorneys will work to build you a strong criminal defense. However, it is important for you to be aware of the differences between misdemeanor and felony charges and how California handles each of these types of charges.

California Misdemeanor Crimes

Misdemeanor crimes are considered less serious than felony offenses, but they still carry potentially severe penalties upon conviction. Depending on the charges, you could be facing fines up to $1,000 and up to a one year mandatory jail sentence. Examples of misdemeanor crimes handled through the Santa Clara County courts include:

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emergency vehicle accidents,  San Jose car accident attorney, car accident injuries, distracted driving,  emergency respondersMost drivers have had the experience of being on the road and suddenly hearing sirens or seeing red flashing lights. We pull over in time to see a fire truck, police cars, or other emergency vehicles go racing by. Emergency responders provide a valuable service and are generally the first on the scene when threatening and tragic events happen. However, getting caught in front or alongside of these vehicles on the road can put drivers in a potentially dangerous situation, making car accidents and injuries more likely to occur.

Emergency Vehicle Accidents

A December 2017 car accident that occurred in the Millbrae area, 30 minutes to the north of San Jose, highlights the potential dangers drivers face when dealing with emergency responders. ABC 7 News reports three suspects were arrested after a high speed car chase ended in a crash at the Green Hills Country Club. What started as a carjacking incident ended in pursuit on I-380, with vehicle speeds over 100 miles per hour. Fortunately no other motorists were involved in the collision. 

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severance packages, San Jose severance agreement and termination attorney, severance agreement, California termination laws, wrongful terminationUnder the right conditions, a severance package (i.e. a payment made from an employer to an employee when the employee is terminated) can be a great thing. Sometimes a departing employee will be offered a severance package substantial enough to afford him or her the opportunity to vacation before starting up with a new company or enable him or her to search for a new job without being financially strained.

However, it is important to note that before an employee receives a severance package, he or she is almost always asked to sign a severance agreement in which he or she agrees to accept the promised severance package in exchange for giving up certain rights. Most commonly the employee is asked give up his or her right to sue the employer. Sometimes, signing away the right to sue is in the employee’s best interest. However, in other instances it is a huge mistake. Therefore, if you are wondering whether or not you should sign a proposed severance agreement in California be sure to read through the frequently asked questions that are answered below and then contact a local employment lawyer with any case specific questions that you may have.

Q: What sort of rights are employees generally asked to waive in severance agreements?

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San Jose petty theft shoplifting defense attorney, shoplifting, shoplifting cases, shoplifting conviction, lawfully detainedThere are times when shoplifting is considered a relatively minor offense—for example, when a teenager steals a tube of lipstick from the mall. However, under other circumstances shoplifting can constitute a serious offense—a woman slips an expensive diamond engagement ring into her purse while browsing at a fancy jewelry store. Still, it is important to be aware that those who are suspected of shoplifting in California can be detained regardless of the dollar amount of the merchandise that they allegedly tried to steal.

Yet under what circumstances can a suspected shoplifter in California be lawfully detained? Moreover, what rights does an alleged shoplifter possess after being detained?

These questions have been answered below in accordance with California law but please be aware that each shoplifting case is unique and that any case specific questions should be directed towards a local petty theft shoplifting defense attorney.

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violent assault, San Jose personal injury attorneys, assault victims, assault and battery, aggravated assault injuriesAn assault can happen at the hands of a stranger as the result of a random altercation, or it can stem from disagreements and arguments that turn violent with someone you know. When you are a victim in this type of attack, it can leave you suffering serious and potentially disabling personal injuries as a result. While law enforcement and the courts can help you hold your attacker responsible under California criminal laws, you could be left with the financial costs. In these situations, you may be entitled to compensation through a personal injury lawsuit.

Assault and Battery in California

Under Chapter 9 of the California Penal Code, assault involves a threat or taking actions meant to harm another individual, while battery involves actually causing physical harm through an attack. Those who commit these types of acts can face severe penalties, including heavy fines, mandatory community service, and a lengthy jail sentence. Defendants can end up facing aggravated assault charges, depending on the victim, the severity of the harm done, or if there was a weapon involved in the crime.

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restraining orders, domestic violence, San Jose restraining order defense lawyers, temporary restraining order, criminal defense attorneyNowadays restraining orders are quite common. In fact, one source notes that on any given day there are approximately 1.2 million domestic violence restraining orders in effect across the United States. However, the knowledge that restraining orders are commonplace likely provides little comfort when one is issued against you personally.

What might help is getting some of your questions answered. Therefore, if a California restraining order has been issued against you we recommend that you first read through the frequently asked questions that have been answered below and then ask a local criminal defense attorney any case specific questions that you might have.

Q: What is a restraining order?

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car accident claim, San Jose car accident attorneys, car accident injuriesWhile car accidents are common, most of us have limited experience in what to do after a collision occurs. Unfortunately, the immediate hours and days after are often crucial in collecting evidence, which will play an important role in your car accident claim.

At our law firm, we have a team of professionals who will thoroughly investigate your case; however, there are important pieces of information you can gather on your own. Likewise, there is evidence which insurers often attempt to use against you. Being aware of this can help protect your rights to compensation.

Evidence in Support of Your Car Accident Claim

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Posted on in DUI

DUI expungement, San Jose criminal defense lawyer, felony DUI, DUI conviction, DUI chargesDriving under the influence, i.e. operating a motor vehicle while impaired by drugs or alcohol to the extent that you are not able to drive as cautiously as a sober person, is a serious crime in California. Those convicted of driving under the influence (commonly referred to as “getting a DUI”) in California can be fined, sentenced to serve time in prison, ordered to complete a drug and alcohol awareness program, have their driver’s license suspended, and/or have an ignition interlock device installed on their car. But these are just a few of the potential consequences that DUI offenders face.

Additionally there is a social stigma that often accompanies having a DUI on your record, and such a blemish may impact your ability to find work, especially if you were convicted of a felony DUI (opposed to a misdemeanor DUI). However, there is some good news; under certain circumstances a California DUI conviction can be expunged.

What Does it Mean to Have a DUI Conviction Expunged?

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San Jose car accident attorney, car accident injuries, drunk driving, teen drivers, San Jose policeDriving under the influence of alcohol or any intoxicating substance significantly increases your risk for car accidents and injuries. This is particularly true for teen drivers, who are more likely to be involved in serious and potentially fatal collisions than any other age group.

To help raise awareness of the very real dangers, San Jose Police have been aggressively working on outreach efforts that focus on the consequences of drunk driving and the actual impacts that can happen when a collision occurs.

Teens and Drunk Driving

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Posted on in Employment

San Jose employment lawyers, parental rights, California employers, parent leave act, disability insuranceCalifornia’s New Parent Leave Act (affectionately referred to as the “California Baby Bonding Leave Act”), which was signed into law just last month, supplements California’s Family Rights Act by stating that California businesses with 20-49 employees are now required to provide employees who become parents (via birth, foster care, or adoption) with the option of taking up to 12 workweeks of unpaid protected parental leave. Before this new piece of legislation was signed into law only California businesses with 50 or more employees were required to provide 12 weeks of unpaid parental leave to new parent-employees. However, it is important to note that California’s Baby Bonding Leave Act only applies to employees who have been with their current employer for at least one year and worked at least 1,250 hours.

Other Important Parental Rights in California

In addition to California's Family Rights Act and the New Parent Leave Act (which will take effect in January 2018) there are several other important parental rights in California that expectant and new parents should be aware of. For example, did you know that employees who exercise their rights to take parental leave are entitled to return to their same or a similar position when they return back to work? Additionally, California employers are prohibited from reducing an employee’s pay or discriminating against them in some other capacity based on the fact that they exercised their right to take parental leave.

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San Jose car accident attorneys, reckless driving, self-driving cars, distracted driving accidents, car accident injuriesWhile car accidents and injuries are sometimes the result of dangerous roads, adverse weather conditions, and auto manufacturer defects, the most common cause is human error. Despite the efforts of law enforcement and extensive traffic safety public awareness campaigns, reckless driving behaviors such as distracted driving and driving under the influence continue to claim thousands of lives each year. Could self-driving, autonomous vehicles be the solution to the problem?

Self-Driving Vehicles

In a December 5, 2017 Forbes article on self-driving vehicles, the writer poses the theory that self-driving vehicles may be the most effective way of reducing the overall number of car accidents due to distracted driving and other reckless driving behaviors. Written half tongue in cheek, the article asserts the claim that by making driving an autonomous activity, drivers would be freer to focus their attention on other matters, such as their cellphones and other mobile devices.

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San Jose arrest warrant defense lawyers, arrest warrant, warrant for my arrest, criminal cases, warrant search serviceThis may come as a surprise, but many people who have warrants out for their arrest have no idea that such a warrant even exists. This can happen for a variety of different reasons, but the crux of the matter is that anyone who suspects that there may be a warrant out for their arrest would likely be well served by knowing for sure whether or not there is a warrant out there with their name on it.

Is there a Warrant Out for My Arrest?

Criminal cases are mostly a matter of public record so there are a few simple ways to check if there is a warrant out for your arrest. For example you can:

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Posted on in Personal Injury

San Jose personal injury attorneys, concussion facts, traumatic brain injury, minor head injury, head traumaConcussions are one of the most common types of personal injuries, and they can occur as the result of even a minor bump, blow, or jolt to the head. While the symptoms are often subtle, going unnoticed or taking days and even weeks to appear, the impact it can have on your physical health and overall well being is significant. The following outlines important facts about concussions, along with information you need to be aware of if you have previously suffered any type of head injury.

Facts About Concussions

The Centers for Disease Control and Prevention (CDC) reports that concussions can occur under a variety of circumstances, often as the result of accidents or while engaged in sports and recreational activities. Anytime a bump, blow or sudden jarring movement causes your head to whip back and forth, it can cause the brain to bounce or twist in your skull. As a result, chemical changes in the brain and damage to brain cells can have subtle, yet significant impacts on both your abilities and your personality.

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San Jose motor vehicle accident attorneys, car accidents, driver negligence, reckless driving, motor vehicle accidentsMotor vehicle accidents are complex events, often involving multiple factors that act as contributing causes. In investigating your claim, our car accident attorney will thoroughly review witness statements, traffic videotape monitoring, the accident scene, and police reports, gathering the evidence needed to show the other driver was to blame.

While the following are three common factors that make crashes and collisions more likely to occur, the fact is it is still generally the other driver’s reckless or negligent behavior that is ultimately to blame.

1. Adverse Weather Conditions

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San Jose RICO defense lawyers, RICO cases, RICO Act, racketeering, RICO claimsLuLaRoe, the popular multilevel marketer of colorful women’s clothing, has recently come under attack for the quality of its products and its business practices, and is consequently now facing a federal lawsuit in California, reports CBS News. The lawsuit alleges that the company violated the Racketeer Influenced and Corrupt Organization Act (RICO), among various other laws, and duped people into becoming “LuLaRoe consultants” (i.e. nonemployee distributors) with the false promise that they could earn full-time pay for only part-time work. But what exactly is the RICO Act?

RICO cases such as this one involving LuLaRoe pop up in the news from time to time but rarely do news outlets go into much detail about the RICO Act itself. Therefore, for your convenience, a brief overview of the RICO act is provided below.

The History of the RICO Act

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