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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 personal injury attorney, violent crimes, violent assaults, sex crimes, assault injuriesBeing a victim of a violent crime is a harrowing experience. Whether you suffer personal injuries due to assault and battery or as the result of a sex crime, it can leave physical and emotional scars that take years from which to recover. To alleviate the additional burden of lost wages and mountains of medical debt in relation to your injuries, there are options available that can provide the compensation needed to meet these and other costs.

Violent Crimes in San Jose

According to the San Jose Police Department (SJPD), nearly 4,200 residents of our area were victims of violent crimes over the course of 2017. This represents a significant increase over the prior years figures, and more than half of these involved violent assaults and sexual crimes. Injuries that are often related to these crimes include:

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San Jose criminal defense attorneys, California criminal charges, criminal defenses,  mitigating circumstance, insanity defenseFacing any type of criminal charges in California is a serious matter. In addition to potential court costs, fines, and the prospect of a criminal record that follows you for the rest of your life, you could also be subject to a mandatory minimum jail sentence. In these situations, you need an experienced San Jose criminal defense attorney to begin working immediately on your case.

Even in situations where there is overwhelming evidence against you, we may be able to show you were not responsible for your actions, thereby avoiding many of the harsher penalties associated with a conviction.

Building a Strong Defense Against Criminal Charges

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fatal DUI accident, San Jose car accident attorneys, drinking and driving, felony DUI, fatal car accidentsDrinking alcohol and getting behind the wheel is a dangerous combination and can lead to car accidents and injuries that can be severe and life threatening. When fatal accidents do occur, it is particularly tragic and tough on surviving family members, especially knowing that it could have easily been prevented. A recent fatal DUI accident involving a female driver in San Jose highlights the potential dangers of drinking and driving and the devastating consequences that can occur as a result.

San Jose Drunk Driver Responsible For Fatal DUI Accident

In late March 2018, the Mercury News reported on a fatal DUI-related accident that involved a San Jose woman and three teenagers on a spring break trip. The crash occurred on I-5 near Los Banos, which killed two of the teens involved, and left the third with serious injuries.

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workplace accidents, San Jose employment law lawyers, workplace injuries, workplace safety violation, maintenance worker injuriesDuring the early spring months, maintenance workers are often out in full force completing tasks in anticipation of summer and the busy tourism season ahead. Unfortunately, many types of jobs maintenance workers perform can end up putting them in jeopardy. While employers are responsible for providing the proper training and safety equipment, it is often up to the workers themselves to be aware of potentially dangerous situations which could put them at risk for serious and even life threatening workplace accidents.

A recent case in San Jose highlights the risks many workers face. To protect yourself, it is important to be aware of your rights and the proper procedures to follow if a suspected safety violation occurs.

Tree Trimmer Killed In San Jose Emphasizes the Need for Caution

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San Jose criminal defense attorney, sexual crimes, sexual assault charge, statute of limitations, California sexual assault casesA recent case involving allegations of sexual assault on a local college campus emphasizes the serious nature of sexual crimes in San Jose. Sexual assault allegations that are based on current events, and those that stem from incidents in the past, can result in charges that have the potential to ruin a person's reputation and result in a lengthy prison sentence.

San Jose Student Charged with Sexual Assault By Classmates

Controversy has been swirling around San Jose State University amid allegations of sexual assault that victims claim occurred within on campus housing. In mid-March, 2018, ABC 7 News covered the story in which a 21-year-old chemical engineering student was charged with several sex crimes, including sexual assault, assault with the intent to commit sex crimes, false imprisonment, and sexual battery.

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San Jose car accident attorneys, fatal car accidents, not wearing a seat belt, car safety, traffic enforcementSanta Clara County residents have become accustomed to hearing about traffic accidents in the local news. A recent crash that occurred in mid April 2018 was unique in that the driver was occupying a stolen vehicle. It also stood out for being the 15th fatal car accident to occur since the beginning of the year. These numbers are alarming, both for traffic safety officials and drivers in the area. 

What Makes Some Car Accidents so Deadly?

On April 11, 2018, ABC 7 News reported on a fiery single vehicle car accident in San Jose that left the driver dead and two passengers with life threatening injuries. The crash occurred at 1:20 a.m. on West San Carlos Street near Bird Avenue, when a man driving a stolen Hyundai lost control of the vehicle.

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personal injury causes, San Jose personal injury attorneys, slips and falls, personal injury claim, causes of accidental injuriesAccidents happen. Even a seemingly minor incident can end up leaving you with personal injuries that prevent you from working or engaging in your usual activities, while requiring the need to ongoing medical care and treatment. In many situations, the ‘accident’ responsible for your injuries is actually due to the reckless and negligent actions of others, thus entitling you to compensation through a personal injury claim. The following highlights six of the top ways in which these types of injuries occur.

Common Causes of Personal Injuries

According to the Centers for Disease Control and Prevention (CDC), accidental and unintentional injuries send more than 30 million people to hospital emergency rooms for treatment each year in the United States. Even if your injuries are relatively minor, they can cause impairments that impact your life for months and even years afterward. The CDC lists the following as the top six causes of accidental injuries: 

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San Jose auto recall attorneys, Takata airbag scandal, auto recalls, airbag defects, defective airbagsAirbags offer potentially life-saving protection in the event of car accidents and injuries. They provide a cushion to keep you in place while preventing you from slamming against windshields, dashboards, or other hard surfaces. Unfortunately, one of the major automotive airbag manufacturers has been embroiled in controversy while being the subject of auto recalls for the last three years. Rather than saving lives, the company is accused of producing defective airbags that can end up leaving drivers and their passengers with serious and potentially life threatening injuries. New developments in the case and additional recalls impacting major automobile manufacturers continue to keep the Takata airbag scandal in the news.

Airbag Recall Triples in Size Over Past Year, While Consumers Wait for Replacement Parts

In April 2018, Consumer Reports relayed the latest information about the Takata airbag defect scandal, which has impacted more than 37 million automobile owners in the United States. The problem was first discovered in 2015, yet automobile manufacturers have been slow to add themselves to the list or to make provisions to replace the nearly 50 million airbags that are estimated to be defective. Over the past year, the number of cars affected has nearly doubled.

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San Jose employment law attorneys, age discrimination, age discrimination claim, workplace discrimination, Workplace discrimination lawsuit, workplace discriminationOlder workers offer years of accumulated knowledge, training, and experience on job sites, thus making them valuable employees. Unfortunately, in the fast-paced employment market surrounding the San Jose area, these qualities may be overlooked or under appreciated.

Age discrimination continues to be a problem, robbing employees of opportunities, salaries, and benefits they would otherwise be entitled to. Hiring, firing, and making any other employment decisions based on age is against the law in California and in other states. Consider the following four signs that might prove problematic in your workplace. 

How to Determine if Age Discrimination is a Factor at Your Job

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San Jose car accident attorneys, car accident risks, weather-related accidents, prevent car accidents, car safetyAs the weather system known as the Pineapple Express moved through our area recently, it wreaked havoc for drivers in San Jose and throughout the Bay Area. In addition to closing down bridges and entire transportation systems, it made car accidents and injuries more likely for anyone unlucky enough to be caught out on the roads.

While reckless driving behaviors often bear the brunt of the blame when crashes and collisions occur, weather events can be just as dangerous for you and your passengers.

Moisture from the Tropics Creates Chaos in NorCal

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San Jose traffic defense attorneys, traffic offense, traffic court, traffic tickets,  traffic violationYou are headed down the road, maybe on your way to or from work or school, and suddenly you see red lights in your rear-view mirror. In some cases, you know what you are being pulled over for. You may have knowingly committed a traffic offense, such as going several miles above the speed limit or racing to get through a traffic signal. In other cases you may not have been aware of doing anything wrong, but you end up with a traffic ticket nonetheless. While you may be upset about the fine or think the citation is unfair, you have what you consider two choices: pay the ticket or risk the consequences. Actually, there is a third and far more practical option, which is to contact a criminal defense attorney to fight your ticket in court.

Penalties for Traffic Offenses in San Jose

It is easy to get a traffic ticket when driving through San Jose or exploring the surrounding areas. If you do get one locally, it will likely be handled through the Santa Clara County Court Traffic Division. They have a ‘convenient’ online payment system for paying fines, which many drivers do even if they believe the ticket was unjust. What drivers often downplay or fail to consider is the additional penalties you will likely be facing as the result of your traffic offense. These may include:

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motorcycle accidents, San Jose motorcycle accident attorneys, traffic accidents, motorcycle safety, traffic crash reportsWith summer rapidly approaching, increasing numbers of motorcyclists will be on the road. Whether you ride as a primary form of transportation or more as a recreational activity, this increased traffic makes motorcycle accidents more likely to occur. To help you protect yourself and your fellow riders, we have gathered some important information about motorcycle safety in the San Jose area and tips on how to make accidents less likely to occur.

San Jose Motorcycle Accidents and Injuries

According to the latest available statistics from the California Office of Traffic Safety (OTS), there were close to 200 motorcycle accidents in San Jose throughout 2015. Based on OTS rankings, this makes it safer for riders here than in other, similarly sized communities. Unfortunately, when you broaden the focus to surrounding Santa Clara County, including towns such as Los Altos, Cupertino, Palo Alto, and Mountain View where local bikers often spend a large chunk of time riding or passing through, the statistics paint a different and more dangerous picture.

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San Jose embezzlement attorneys, embezzlement charges, embezzlement cases, embezzlement allegations, criminal defense lawyerEmbezzlement is often associated with corporate America, in which a greedy CEO or company officer absconds to a foreign country with profits or investor funds. However, criminal charges of embezzlement apply in any situation in which you are accused of stealing from an organization that has entrusted you with access to funds. Two recent cases in San Jose highlight the often surprising circumstances in which these crimes occur.

Recent Cases Involving Embezzlement in San Jose

San Jose has been the site of several high profile embezzlement cases that have made headlines across the state. The most recent involves a San Jose school board member who is accused of stealing money from bond measure funds. The NBC Bay Area affiliate reports that a long-time member of the Franklin-McKinley School District Board is accused of taking more than $30,000 that had been donated from contractors, developers, and architects in support of a school bond measure. He faces charges of grand theft, perjury, and violations of the Political Reform Act.

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San Jose car accident attorneys, California public safety campaign, distracted driving dangers, driver negligence, car accident injuriesThe month of April is designated as National Distracted Driving Awareness month. Through the efforts of law enforcement and traffic safety officials, the goal is to make the general public more aware of how important it is to keep your eyes on the road, your hands on the wheel, and your attention to the task of driving to prevent car accidents and injuries.

In addition to automobile drivers and their passengers, distracted driving jeopardizes motorcyclists, bicyclists, public transit riders, and pedestrians as well. At Jachimowicz Law Group, we urge you to be aware of the potential dangers and to practice the following safety tips.

National Distracted Driving Awareness Month

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San Jose ERISA lawyers, retirement benefits, social service agency lawsuit, San Jose employment law lawyers, pension planIf you are fortunate enough to work for a company that offers pension benefits or another type of retirement fund, you are likely counting on these funds to provide for you in later years. Unfortunately, companies can and do mismanage these funds, thus leaving their employees to suffer the consequences. In these situations, there are federal laws which may be able to help.

As experienced San Jose ERISA lawyers, we can assist you in holding employers and plan administrators responsible in these types of cases. A recent situation involving a local social services agency highlights the potential problems some employees face.

How ERISA Protects You

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bike accidents, bicycle accident injuries, San Jose bicycle accident attorney, bicycle safety tips, prevent bike accidentsBicycling is a popular hobby in and around San Jose, in addition to being an environmentally friendly form of transportation. Unfortunately, even when a bike lane is in place, it can still be dangerous sharing the road with other motorists.

Bike accidents resulting from collisions with motor vehicles end up causing serious and potentially life threatening injuries. The following offers tips on how to protect yourself when traveling on two wheels.

Bicyclist Suffers Fatal Injuries After Being Struck by Driver

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bullying, bullying at school, San Jose criminal defense attorney,  school violence, juvenile criminal offensesChildren have long found reasons for picking on one another and getting into fights at school. In light of the spate of tragic shootings, students who act out or engage in violent behavior face serious consequences. If your child has been accused of bullying or any type of violent crime on school grounds, it is a matter you need to take seriously. In addition to being expelled from the district, he or she could face criminal charges.

Bullying and other Aggressive Behaviors

According to StopBullying.gov, a website sponsored by the U.S. Department of Health and Human Services (HHS), one out of every three children experiences some sort of bullying at school or while attending school-related functions. Bullying is most prevalent among middle schoolers, but can impact both older and younger students as well. Common types of bullying include:

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motor vehicle accidents, San Jose accident attorney, Senate Bill 743,  VMT system, traffic assessment systemSan Jose is undergoing a transformation. In addition to job growth, city leaders are aiming to create better neighborhoods while easing the city’s traffic woes and making the area more pedestrian and bike friendly. A recently approved assessment plan for future development promises to help reduce greenhouse gas emissions, while making travel time more convenient and helping to prevent the number of motor vehicle accidents and injuries which occur each year.

Planning Development to Be Smarter, More Convenient

When new developments are proposed in communities, whether it be a shopping center, a business office, or a public park, assessments are conducted to determine the potential impacts it will have on traffic in the area. Previously, it was standard in California to use a Level of Service (LOS) assessment system, which measured vehicle delays at intersections, making projections to determine the possible impacts of new structures.

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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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