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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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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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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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

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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

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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

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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.

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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.

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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.

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