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

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt
Recent blog posts

slip and fall injuries, negligent property owner, slip and fall accident, San Jose personal injury attorneys, personal injury claimSlips and falls are among the leading causes of personal injuries. While suffering an incident like this in a public setting may be something you are tempted to brush off quickly out, downplaying it as minor or a mere embarrassment, it is important to be aware of the serious and lingering damages of which these accidents can result. In many cases, fault lies with the property owner, and you may be entitled to compensation for any medical expenses, lost wages, and ongoing pain you suffer.

Common Causes of Slip and Fall Accidents

The National Safety Council (NSC) reports that slips and falls are the third leading cause of death in the United States, and leave close to 50,000 people suffering severe injuries each year. On the surface these accidents may seem minor, but the fact is that any strong force or impact can result in serious harm, with symptoms that often do not occur for days or even weeks after the accident occurred.

...

employment law case,  San Jose employee misclassification lawyers, sharing economy, employment lawsuits, sharing economy driverBloomberg Technology reports that U.S. Magistrate Judge Jacqueline Scott Corley recently heard closing arguments on an employment law case that is poised to have a wide reaching impact on California’s sharing economy. In the sharing (or “gig”) economy companies such as Uber, AirBNB, and GrubHub provide infrastructure for private individuals to use their vehicles, homes, and other resources at their disposal to provide services to others (generally for a fee). 

The Facts of the Case 

The case, Lawson v. Grubhub, involves a GrubHub food-delivery driver who is fighting to be recognized as an employee rather than an independent contractor in the eyes of the law. Misclassification of workers is a big deal because employees in California are afforded a wide variety of legal protections that independent contractors simply do not enjoy. The question of whether or not a particular worker should be classified as an employee or as an independent contractor in California primarily turns on how much control the company had over the worker.

...

motor vehicle accident, distracted driving, San Jose car accident attorneys, reckless driving, parking lot accidentMany of us have had the experience of a near miss while walking or driving through a parking lot. Maybe we were crossing a lane or pulling out from a space, when all of a sudden a driver appears, barely avoiding a motor vehicle accident. Unfortunately, these types of collisions are increasingly common, with reckless driving behaviors such as speeding and distracted driving to blame.

Parking Lots Accidents and Injuries

Parking lot accidents are often considered ‘fender benders,’ so minor that drivers fail to report them to their insurers. According to the National Safety Council (NSC), these accidents actually have the potential to be quite serious, killing roughly 500 drivers and pedestrians each year, and causing serious injuries for as many as 60,000 others.

...

teen car accident injuries, car accidents, teen drivers, San Jose accident attorneys, protect teen driversHaving children means chauffeuring them around to various social and recreational activities. Parents look forward to the day when they are old enough to get their driver's license, providing each greater freedom and flexibility.

Before handing off the keys to your car or helping them to get a vehicle of their own, there are important safety issues of which you need to be aware. Teenagers are more likely to get into car accidents than any other age group, and the injuries sustained as the result can be severe.

Fortunately, there are a variety of smartphone applications on the market which can help you monitor your child’s driving skill and protect their safety.

...

San Jose criminal defense lawyers, statutory rape, statutory rape law, felony offense, sex offenseIn the eyes of the law, minors, due to their young age, are not legally capable of giving informed consent to engage in sexual activities. Therefore, it is illegal to have sexual intercourse with a minor even if the minor willingly participates.

Each state has codified this law in one way or another, although it should be noted that the age of consent varies a bit from state to state. In California the legal age of consent is 18. Therefore, anyone who has sex with someone who is under 18 (provided that the minor is not their spouse) has broken the law and can be charged with statutory rape. This is true even if the two individuals are very close in age.

So, to answer the question at hand, yes, it is illegal for an 18-year-old to date a 17-year-old in California provided that the term “date” is being used in this context as a euphemism for sexual intercourse and that the couple is not legally married.

...

private plane crashes, aviation accidents, plane crash, accident statistics, San Jose accident attorneyGeneral aviation involves flights that are not a part of the larger, commercial airline industry. The pilots and passengers in San Jose who favor private plans have suffered setbacks in 2017, in a series of plane accidents involving area residents. While commercial carrier planes are most likely to make headlines and to result in catastrophic injuries, these local incidents involving smaller planes in our area appear to mirror a national trend.

San Jose General Aviation Accidents

On November 19, 2017, Mercury News reported on a plane crash in San Jose that narrowly avoided becoming a major tragedy. The crash occurred when a privately owned single engine Cessna, which had just taken off from Reid-Hillview airport, crashed into a home on Evelyn Avenue.

...

San Jose car accident attorneys, car accident injuries, car accident report, car accident sceneEven drivers who are experienced and practice defensive driving skills can find themselves involved in a crash or collision with other motorists. When car accidents and injuries do occur, what you do in the immediate aftermath can have a significant impact on your ability to get compensation for the damages you have suffered.

The following outlines what you need to do in the event of a car accident in California, as well as what not to do to protect your rights in a claim.

Legal Requirements of Drivers in California

...

HIV exposure laws, San Jose sex crime lawyers, sexual partner, Senate Bill 239 California, misdemeanorDuring the AIDS epidemic of the 1990s, California, along with most other states, passed legislation making it a crime for an individual living with HIV to knowing expose a sexual partner to the disease without disclosing his or her HIV-positive status. Individuals in California who violated this law could be found guilty of a felony offense and sentenced to serve up to eight years in prison (or longer if the individual was a sex worker). While this law had been on the books in California for decades, it recently underwent a substantial rewrite thanks to Senate Bill 239 which Governor Jerry Brown signed into law just last month.

Senate Bill 239

CNBC.com reports that upon enacting Senate Bill 239, California became the fourth state to rewrite an HIV exposure law left over from the 90s. Under California’s new bill, knowingly exposing a sexual partner to HIV is still a crime but it is now a misdemeanor rather than a felony offense. Moreover, violators can only be sentenced to serve up to six months in county jail.

...

San Jose personal injury attorneys, long term disabilities, accidental injuries, brain injuries, cognitive impairmentsIt does not require a major accident to suffer serious personal injuries. Car accidents, work-related mishaps, slips, trips, and falls, or even incidents such as a dog bite or attack can leave you with injuries that could result in permanent impairments. When an injury occurs as the result of an accident or another’s reckless or negligent actions, it is important to consult with an experienced attorney before accepting a settlement check, to ensure any future medical costs and lost wages you incur as the result of disabilities are covered.

Long-Term Disabilities

According to the Centers for Disease Control and Prevention (CDC), more than 53 million people in the United States suffer some type of long-term disability. In California, those who are disabled represent over 20 percent of the population. Disabilities can occur due to degenerative illnesses or chronic diseases; however, one of the most common causes is as the result of accidental injuries.

...

Posted on in Criminal Defense

San Jose IRS tax fraud defense attorney, tax fraud penalties, criminal tax fraud, fraudulent tax return, tax evasionIllegally attempting to evade paying taxes, or intentionally underpaying taxes, is a serious offense in the United States. This offense, commonly referred to as “tax fraud”, carries heavy penalties at both the state and federal levels, some of which are briefly discussed below. However, it should be noted that “tax avoidance” (taking advantage of the tax code in a legal manner in order to minimize your tax liability) and “tax negligence” (careless/unintentional mistakes made on a tax return) do not constitute tax fraud. Rather, the IRS’s definition of tax fraud includes any of the following actions:

  • Willfully attempting to evade or defeat any tax,
  • Willfully failing to file a required tax return,
  • Willfully declaring, under penalties of perjury, that a tax return or other tax document is true and correct when said person does not believe it to be so,
  • Willfully and knowingly aiding or assisting another in the preparation or presentation of a false or fraudulent tax document, or
  • Attempting to intimidate or impede a tax official from carrying out his/her duties.

Additionally, it should also be noted that under California’s Revenue and Taxation Code tax evasion is defined as an act (or inaction) that involves a taxpayer intentionally paying less than they are legally obligated to pay.

Civil Penalties and Criminal Penalties

...

San Jose personal injury attorneys, holiday travel, travel safety, travel safety tips, travel injuriesThe holidays are hectic in San Jose as people rush to complete gift shopping and attend parties and special local events. For many people, travel plans have already been made to take advantage of the break by going out of town to visit friends and family members.

Holiday travel has a well known reputation for being rather chaotic, with long lines of traffic and tie ups at airports. The most important factor, however, is to protect yourself against potential personal injuries and to reach your destination safely.

Holiday Travel Safety Tips

...

product liability cases, San Jose product liability attorneys, federal safety regulations, product recalls, dangerous productsBabies and small children require lots of gear. From nursery furnishings, strollers, highchairs, clothing, and car safety seats, to toys, videos, electronic devices, and other items designed to keep them busy and entertained, it is easy for a parent to go broke buying all the "stuff" children want or need.

Unfortunately, most parents are unaware of the potential dangers certain products might pose. Product liability cases involving children’s items seek to hold manufacturers and merchants accountable for knowingly producing or selling items that are unsafe, or for failing to take the necessary precautions to prevent injuries.

Children’s Items and Product Liability

...

California employers, prospective employees, criminal history, San Jose employment lawyers, employment regulationsLawmakers in California are toying with the idea of passing new legislation (Assembly Bill 1008) that would make it illegal for most employers in California to ask prospective employees about their criminal histories during the initial stages of the hiring process. However, under the proposed legislation employers would have the right to enquire about an applicant’s criminal history after making a conditional job offer. The Sacramento Business Journal points out that Assembly Bill 1008 is seen as an extension of the “ban-the-box” initiative that California lawmakers passed several years ago.

Ban-the-Box

In 2013, California’s ban-the-box bill took effect and prohibited government employers in the state from asking prospective employees about their criminal histories on job applications. Although this statute only applied to employers in the public sector, many cities across California have followed suit and enacted similar laws that apply to private employers. However, many of these laws only restrain employers with a specified number of employees from inquiring about a job seeker’s criminal past on a job application so many small employers are currently exempt from this prohibition.

...

fatal car accidents, motor vehicle wrecks, San Jose car accident attorney, dangerous driving, motor vehicle traffic deathsCar accidents are unfortunately common in San Jose and throughout California, and even otherwise minor collisions can leave drivers suffering serious injuries. While more severe, fatal motor vehicle wrecks are less likely to occur, traffic safety experts claim this number has increased steadily over the past several years. The following outlines factors often involved in these tragic events, despite safety advances designed specifically to prevent them. 

Car Accidents Resulting in Driver or Passenger Fatalities

According to reports from the National Highway Traffic Safety Administration (NHTSA), after seeing an overall reduction in rates over the last decade, fatal car accidents have been increasing steadily since 2015. More than 35,000 people are killed in these accidents each year, which represents a spike of close to 10 percent.

...

Posted on in Personal Injury

violence on the job, workplace accidents, San Jose workers’ compensation and personal injury attorney,  work-related violence, workplace violenceOn-the-job injuries are generally associated with workplace accidents, such as slips and falls or strains that occur due to lifting heavy objects. Unfortunately for workers in a variety of fields, acts of violence on the part of customers or coworkers have become an increasing commonly concern. These incidents can end up being severe and potentially deadly, and it is important for employees to be aware of the risks.

Workplace Violence

Workplace violence is not something that occurs infrequently, nor are these incidents random cases which are sensationalized by the media.The Occupational Safety and Health Administration (OSHA) reports that roughly two million Americans are victims of violent attacks by clients or other employees each year, making it one of the leading causes of job-related death.

...

first-degree murder, California felony murder rule, felony murder, San Jose homicide defense lawyers, San Jose  manslaughter defense lawyersCalifornia’s felony murder rule is a bit complex and frequently misunderstood. For case specific information regarding California’s felony murder rule, it is critical that you consult directly with a local criminal defense lawyer as each case is unique. However, consider the following information to better understand this unique area of the law. 

What is the Felony Murder Rule?

California’s felony murder rule allows an individual to be convicted of murder if he or she, or his or her co-felon, kills another person while committing (or attempting to commit) an enumerated felony, regardless of whether or not the killing was an accident.

...

Posted on in Personal Injury

San Jose burn injury attorneys, burn injuries,  fatal burn injuries, burn victims, emergency medical treatmentThe recent devastation throughout the Napa Valley and in other areas of Northern California has called attention to the potentially deadly impact of wildfires and how quickly they can spread. Burn injuries and smoke inhalation have jeopardized the lives of people throughout the region, along with the workers responding to the crisis.

Unfortunately, while this may have been an isolated incidence, fires and exposure to heat and harsh liquids claim thousands of lives each year. For those who survive these injuries, recovery can be a slow and painful process.

Fires and Burn Injuries in California

...

wrongful death claim, San Jose personal injury attorneys, taser use, personal injury claim, law enforcement officialsAmid the controversy erupting over officer-related shootings, people often wonder why law enforcement officials do not rely more on tasers as a way of subduing and disarming subjects. Unfortunately, a recent wrongful death claim in San Jose shows that in some cases tasers can prove just as deadly.

As police departments and policy makers debate the use of tasers in local districts, it is important for even law abiding San Jose citizens to be aware of the potentially deadly health effects.

San Jose Controversy over Taser Use

...

Posted on in Employment

San Jose gender discrimination lawyers, equal pay lawsuit, employee discrimination, gender discrimination, California Equal Pay ActThree women recently filed a lawsuit against Google alleging that the technology giant systematically discriminates against female employees by denying them promotions and underpaying them. According to Bustle, the lawsuit alleges that the three women went through similar experiences while working for Google and that each of them was discriminated against in violation of the California Equal Pay Act.

Beyond their own personal experiences, the women claim that Google has a history of filtering female employees into lower level jobs and keeping them on lower paying job ladders than their male counterparts with similar education and work experience. Because the women believe that other female employees have also been illegally discriminated against on the basis of their gender they have petitioned the court to certify a class action request. If the court approves this request, then their lawsuit will be opened up to other female employees who similarly believe that they have been discriminated against by Google.

The California Equal Pay Act

...

San Jose homicide and manslaughter defense lawyers, second degree murder, capital murder, first-degree murder,murder defense strategyIn California murder is defined under section 187 of the CA Penal Code as the unlawful killing of a human being with malice aforethought. However, in the eyes of the law, some murderers are more morally culpable than others and are consequently punished more severely for their crimes. For example, someone who murders another for financial gain is seen as being more morally culpable than someone who decides to kill their cheating spouse. Therefore, unlawful killings that are conducted with malice aforethought in California are divided into the following three different categories of murder: capital murder, first-degree murder, and second-degree murder.

Capital Murder

Capital murder (which is sometimes referred to as first-degree murder with special circumstances) encompasses only the most egregious murders committed in California. The various types of killings that can qualify as capital murder in California are listed in section 190.2 of the CA Penal Code and include, but are not limited to:

...

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top