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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 attorney, car accident risks, DUI, driving impairments,  drunk driving accidentsWhen out for an evening with friends or at other social events where alcohol is served, one may develop different strategies to prevent being pulled over and cited for driving under the influence (DUI). Unfortunately, studies show that even modest amounts of alcohol can result in serious driving impairments, making potentially life-threatening car accidents and injuries more likely to occur.

The Effects of ‘a Few Drinks’

If you are pulled over when driving in San Jose and appear visibly intoxicated or register a .08 blood alcohol content (BAC), then you will be charged with a DUI under the California Vehicle Code. Penalties include heavy fines, mandatory community service and counseling, potential jail time, and the loss of your driving privileges. To avoid this, many limit alcohol consumption to just a few drinks. Still, even modest amounts could put you and other drivers in danger.

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San Jose employment law attorneys, transgender identity, transgender expression, workplace regulations, employer discriminationCalifornia employers should be aware that as of July 1, 2017 there are several new state regulations on that books that pertain to transgender identity and expression in the workplace. Under state law it was already illegal to harass or discriminate against transgender employees (or prospective employees) based on the fact that they identify as transgender. However, the new regulations are aimed at expanding the anti-transgender identity discrimination protections already contained in California’s Fair Employment and House Act and are as follows below.

Restrooms in the Workplace

Under the new regulations, employers in California must allow employees to use the restroom facilities that correspond with the gender identity or gender expression that he/she embraces. Additionally, employers are forbidden from requesting proof of an employee’s gender or sex in order to use a certain restroom.

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hit and run accident, hit and run drivers, car accidents, San Jose car accident attorneys, hit and run accident, hit and run drivers, car accidents, San Jose car accident attorneys,  pedestrian accident fatalityBy law, when a crash or collision occurs involving a motor vehicle, all drivers are required to pull over immediately at the crash site, notify law enforcement, and exchange information with other drivers. Unfortunately, there are some drivers who flee the scene. When hit and run car accidents involve motorists and pedestrians, there are steps you can take to help hold these drivers accountable.

Hit and Run Accidents

In late September 2017, Mercury News reported a car accident that held the grim distinction of involving the city of San Jose’s 33rd traffic fatality of the year. The accident involved a 59-year-old man who was struck by an SUV while walking across Ocala Avenue. The driver of the SUV was not identified. After hitting the man, the driver immediately fled the scene.

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motorcycle safety,  San Jose motorcycle accident attorneys, motorcycle accidents, preventing  motorcycle accidents, motorcycle safety tipsFew things compare to the thrill of roaring down the highway on the back of a motorcycle, with the sun at your back and the open road ahead. San Jose has an active motorcycling community, with thousands of aficionados gathering regularly for group rides and events.

As new riders join the ranks of more seasoned bikers on the road, it is important to make safety a priority. Motorcycle accidents can result in severe and potentially fatal injuries. The following tips can help to keep both you and other riders safe.

Motorcycle Accidents and Injuries In California

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San Jose criminal defense attorneys, convicted felon, felony criminal charges, incarceration, right to bear armsBeing convicted of a felony (i.e. a crime for which you can be sentenced to serve a year or more in prison) can carry consequences that reach far beyond the prison sentence that one will likely be sentenced to serve. Moreover, those facing felony criminal charges in California are often curious about how their rights and privileges will be impacted after rejoining society if they are ultimately convicted. 

The Right to Vote

In California, convicted felons lose their right to vote until they complete their term of incarceration and parole. This means that a felon may not vote while serving time nor while out on parole. Additional helpful information about California’s voter eligibility requirements can be found on the California Secretary of State’s website.

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San Jose sex crime lawyer, sex offenses, sex crime,  sexually violent predator, registered sex offenderCalifornia’s Sex Offender Registry, nicknamed “Megan’s Law”, is a public registry that criminal offenders who have been convicted of certain sex offenses in California are required to register with. According to the attorney general’s website, the CA Sex Offender Registry operates in order to provide the law enforcement community and the general public with up to date information about local sex offenders. Currently, there are over 120,000 registered sex offenders in California. But who is required to register? And how does being a registered sex offender impact someone’s life? Read on to find out.

Who is Required to Register?

Under section 290 of the California Penal Code, individuals convicted of certain sex crimes are required to register as sex offenders with the local authorities within five working days of being released from jail, prison, a mental hospital, or on probation. Anyone required to register as a sex offender in California will be notified in writing of his or her duty to do so. Offenses which require violators to register include most acts involving the following:

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San Jose motor vehicle accident attorneys, pedestrian accidents, motor vehicle accidents, traffic fatalities, pedestrian safetyTo reduce the city’s high pedestrian fatality rate, San Jose sponsors workshops throughout the area to get citizen feedback. In these workshops, neighborhood residents often take to the streets, with an eye towards identifying conditions that make motor vehicle accidents involving pedestrians more likely. While road studies and crash reports provide quantitative data, San Jose hopes getting a more personal look at problem areas will help to target changes that need to be made.

Pedestrian Accidents In San Jose

Statistics from the San Jose Police Department show a high rate of motor vehicle related pedestrian accidents. Overall, traffic fatalities have more than doubled since 2010. Moreover, of the reported 60 traffic deaths that occurred in 2015, close to half involved pedestrians.

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slip and fall accidents, San Jose slip and fall accident attorneys, store liability, grocery store accident, head injuriesSlip and fall accidents are common in grocery and retail stores. Unfortunately, when these accidents happen, the damages can be severe. Even a seemingly minor fall could cause injuries requiring long-term medical care, while resulting in lasting disabilities. 

A grocery and retail insurance provider recently launched a mobile phone and web based application, which promises to reduce dangerous conditions that make slip and fall accidents more likely. While this can help protect customer safety, it also gives these companies an additional tool to use when defending themselves against premises liability claims.

Grocery and Retail Slip and Fall Injuries 

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employment lawyer, San Jose employment law attorneys, employer obligations, ERISA, employer compliance violationsThe Employee Retirement Income Security Act (or ERISA) is an important compilation of federal laws designed to protect the retirement income security of workers employed in the private sector who have health and pension plans through their employers. The employer obligations contained in ERISA concerning these health and pension plans set minimum standards that most private sector employers in the United States must abide.

While a local employment lawyer can provide private employers with thorough ERISA compliance assistance, employers bound by the ERISA should be aware of common compliance violations outlined below.

Common Compliance Violations

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traumatic brain injury, San Jose personal injury attorneys, brain injuries, head injury, TBIWhen you suffer any type of accident, it is important to get medical attention right away to protect against potentially serious personal injuries. Some of the most serious injuries have symptoms which take days or even weeks to appear, and delaying treatment could result in dangerous complications.

Traumatic brain injuries fall under this category, and can occur as the result of any type of bump, blow, or jolt to the head. The following outlines the common types of brain injuries which can occur, as well as symptoms of which you need to be aware.

Symptoms of Traumatic Brain Injuries

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San Jose car accident attorneys, car accident claim, property damages, car accident injuries, car accident damageCar crashes are jarring, sudden, and unexpected events. The mere fact of being involved in a car accident, regardless of how severe, is enough to cause anyone to be disoriented or confused. Unfortunately, what you do and say in the minutes, hours, and days after your collision can make a major difference in getting the compensation needed to recover from your injuries.

What to Do After a Car Accident in California

Even a minor car accident can result in major injuries and property damages, and there are steps you need to take to protect yourself. The California Department of Insurance (DOI) urges motorists to do the following:

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domestic violence charges, restraining order, San Jose spousal abuse defense lawyers, committing domestic violence, domestic violence arrestIf you have been accused of committing an act of domestic violence in California, then you need to take that accusation extremely seriously, even if you are innocent. In an effort to cut down on instances of spousal and child abuse the state of California has decided to take all allegations of domestic abuse extremely seriously.

For example, did you know that when the police are called in response to an alleged domestic violence incident in California, their guidelines for law enforcement state that they should arrest the dominant aggressor if there is reasonable or probable cause that an act of domestic violence has been committed? This law is in place to protect domestic violence victims and to help defuse dangerous situations, which it does. However, it also leads to a lot of domestic violence arrests—some of which are based on little more than he said/she said.

Because the state of California takes accusations of domestic violence so seriously, it is important that those accused of engaging in domestic violence follow the tips provided below in order to best protect their interests.

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San Jose car accident attorneys, drugged driving, fatal car accidents, DUID, medicinal drug useFor years, drunk driving was a major focus of law enforcement and public safety officials in the effort to prevent potentially fatal car accidents and injuries. While still a common concern on roads in Northern California and throughout the country, attention has broadened as drugged driving becomes an increasing factor in these types of accidents.

The use of any drug, including marijuana and prescription or over-the-counter medicines, can impair your driving abilities just as much as having several drinks, but preventing drugged driving presents unique challenges.

Challenges in Dealing With Drugged Driving

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sports injuries, San Jose personal injury attorneys, youth sports, recreational injuries, head injuriesNow that children are back in school, many parents will be spending their spare time attending sports practices and games. Recreational and school-related sports activities present a great opportunity for your child to learn about teamwork while staying physically fit and having fun. At the same time, it is important to take the necessary precautions to avoid serious and potentially life impacting personal injuries.

The following provides important information to be aware of regarding how sports injuries commonly occur, and the steps you can take to ensure your child stays safe. 

Sports Related Injuries

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elder abuse, San Jose elder abuse attorneys, elderly loved ones, abuse, nursing homeMost of us lead busy lives, juggling the demands of work while providing for our families. If you have elderly loved ones, it can be challenging making sure they get the care and attention they need.

Sadly, elder abuse has become an increasingly common problem in Northern California and other areas, regardless of whether your family members are in a nursing home or long-term care facility or receive outside help within their own home. It is important to be aware of the types of elder abuse which most commonly occur, as well as the signs that your loved one may be a victim.

Common Types of Elder Abuse

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San Jose criminal defense lawyer, embezzlement, California Penal Code, embezzling property, California criminal lawEmbezzlement is one of those terms that is commonly used but frequently misunderstood. While each state individually defines the crime of embezzlement, embezzlement is essentially the theft of property (i.e. assets) by an individual who is responsible for that property.

Embezzlement most frequently occurs in work environments when money or property is entrusted to an employee’s care and that employee decides to steal or use the property for his or her own gain.

California Penal Code Section 503

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Posted on in Criminal Defense

San Jose criminal defense attorneys, online defamation, defamation claims, libel, slanderOnline defamation is a huge problem nowadays. The Internet enables the average Joe to instantly post defamatory statements with only a few strokes of the keyboard, and we now have social media websites that are so deeply embedded in our culture that defamation is able to spread like wildfire.

In fact, society has become so accustomed to reading and hearing defamation posted online that many people have become a bit desensitized to it and are no longer even able to recognize defamation when they come across it.

Consider the following information about online defamation to help shed some much needed light on this area of the law.

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San Jose workers’ compensation attorney, on-the-job injuries, workers' compensation, construction accidents, electrocutionsWhile any job site can hold the potential for on-the-job injuries, none are as dangerous as an active construction site. Each day, workers put their health and well being on the line working with hazardous materials and performing any number of potentially risky tasks. When work accidents do occur, they can be severe and disabling, leaving these workers unable to care for themselves or provide for their loved ones.

Fortunately, workers’ compensation benefits are available to help in these situations. If you or someone you care about works in this field, it is important to be aware of the specific dangers, as well as what to do if an injury occurs.

Common Types of Construction Worker Injuries

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wrongful termination, San Jose employment law attorneys, firing an employee, local employment lawyer, wrongful termination lawsuitFiring an employee is never a pleasant thing to do. Nonetheless, it is sometimes a necessary part of conducting business. When letting an employee go in California, there are a number of important legal considerations that employers should take into account in order to help deter the employee from turning around and filing a wrongful termination lawsuit in the future. While a local employment lawyer can answer any case specific legal questions that you might have, some helpful dos and don’ts for California employers faced with the prospect of firing an employee are listed below.

What You Should Do

When firing an employee be sure to:

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car video monitoring systems, backover accidents, San Jose personal injury attorneys, traffic safety, car safetyBackover accidents generally occur in driveways and in parking lots. They involve situations in which a driver reverses to pull out of a parking space, and then hits someone walking or standing behind the vehicle. These accidents can result in serious and life threatening personal injuries.

Anyone can be a victim, but children are among those most at risk. Many vehicles now feature video monitors which show activity behind your car through a dashboard display. While these systems can help to prevent injuries, they are not foolproof, and therefore make it important for all drivers to be aware of the dangers.

Backover Accidents and Video Monitoring Systems

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