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San Jose CA criminal defense for immigrants attorneyImmigration is a hot topic across the country. While people who are “pro-wall” insist immigration laws need strengthening, activists are concerned the current administration’s policies go too far. California is one of several states that has defied recent trends regarding the capture, detainment, and deportation of people here illegally, making it one of the most well known and controversial so-called sanctuary states. However, in San Jose these policies have been under fire in the aftermath of a brutal murder allegedly committed by an undocumented homeless man. This crime and the fact that the suspect has had numerous criminal charges filed against him are causing officials to question how these types of cases are handled.  

Undocumented Homeless Man Suspect In San Jose Murder 

The brutal murder of a 59-year-old woman came as a shock to everyone who knew her in the quiet residential community where she lived. Her body was found in her home after she failed to report to work. She was pronounced dead at the scene, with numerous stab wounds to her neck and chest. 

Over the course of the police investigation, closed circuit video and other evidence was obtained, which pointed to a suspect. The suspect, a 24-year-old homeless man originally from El Salvador, is a self-confessed gang member and has been in trouble with the law numerous times, with 10 separate convictions on charges ranging from drug possession to assaulting a police officer.  

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CA wage lawyerFor employers, cutting costs is just one of several methods for increasing profits. However, when these cuts come at the expense of employees and involve denying them the wages they are entitled to, business owners can find themselves facing criminal charges, as well as civil penalties. Wage theft claims are a serious matter in San Jose and one that state officials relentlessly pursue. A recent case involving a popular and longtime local restaurant shows how employers can be held accountable for the losses they cause their workers to incur.

San Jose Burrito Chain Liable for Back Wages

In 2017, local workers began lodging complaints with state officials regarding unfair wage practices on the part of the Burrito Factor. The local chain restaurant has been in business for more than 20 years, with four locations throughout the San Jose area. The case has finally been resolved and the company has agreed to pay a $1 million settlement, which will be spread among more than 200 impacted employees.

The original complaint was based on allegations that the business owners paid the workers less than minimum wage. The California Labor Commissioner’s Office eventually found that, in addition to wage theft, the Burrito Factory was engaged in other types of behaviors which violated the state’s labor laws:

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CA injury attorneyThe temperate climate in San Jose makes it perfect for motorcycling enthusiasts, who will find plenty of people who share their passion for riding throughout the Bay Area. Poker runs, group rides, and other biker events pick up speed throughout the state over the summer months. Unfortunately, more bikers on the road means an increased risk of motorcycle accidents and injuries. The month of May is designated as National Motorcycle Safety Awareness Month, which makes it a good time for motorcyclists and other drivers to brush up on safety tips.

Brush Up on Your Motorcycle Skills

Whether you just bought your first motorcycle or having plenty of years riding under your belt, taking the time to polish your skills and brush up on road safety tips is a smart idea. The California Department of Motor Vehicles advises all riders to take a motorcycle safety course. It will cover topics such as riding during adverse weather, traveling through different road conditions, and how to handle when sudden or unexpected events arise. An added benefit to taking a class is that it can also lower your insurance premiums.

Aside from honing your biker skills, there are simple steps you should take to protect yourself before any ride. These include making sure your motorcycle is properly maintained and investing in the appropriate safety gear. Wearing a helmet can significantly reduce your risk of debilitating and potentially life threatening injuries if a crash or collision does occur. In addition, wear long pants or jeans, motorcycle boots, protective eye gear, and riding gloves at all times. Other ways you can protect yourself on the road include:

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CA injury lawyerDespite tougher legislation and the increased efforts of law enforcement officials, distracted driving car accidents continue to wreak havoc on the roads throughout our area. These accidents can cause serious and potentially life threatening injuries for both drivers and passengers, injuries that were otherwise entirely avoidable. San Jose officials continue to be involved in statewide efforts to raise public awareness and by sharing the tragic tale of the loss of his daughter, a local fire captain hopes that he can get motorists to pay attention.

To Raise Awareness, Fire Captain Shares Details of Daughter’s Death

The Captain of the San Jose Fire Department suffered a devastating loss four years on Mother’s Day weekend when his daughter was tragically killed as the result of a distracted driving accident. The still-grieving father now shares his story in the hopes that it will raise awareness and can help save other lives.

Through a California Highway Patrol program titled ‘Impact Teen Drivers’, the captain shares the sad details of the night his 16-year-old daughter was killed. He said she was with a group of friends who were usually chauffeured by a parent, but no one was available that evening to take the girls where they wanted to go. One of the girls was a licensed driver, so with their parent’s permission, they headed out in search of fun on a Saturday evening. It was just a week before the captain’s daughter was set to graduate from her learner’s permit and obtain her own license. Her father had even worked with her in driver training and safety earlier that day.

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San Jose, CA pedestrian accident defense lawyersSan Jose has experienced a rash of pedestrian accidents recently, all of which have citizens and law enforcement officials concerned. Motorists involved in these accidents may claim that the person stepped in front of their vehicle or that they did not see the pedestrian until it was too late to stop. These may be valid defenses, but guilt is often presumed in the court of public opinion and before the circumstances surrounding the case are fully revealed. In these situations, you need an experienced San Jose criminal defense attorney on your side to help you avoid the potentially serious penalties you could be facing. 

Pedestrian Hit and Run Latest to Plague Bay Area

Another deadly pedestrian accident occurred in South San Jose in January. There were three other pedestrian fatalities that month, in addition to several other incidents which resulted in serious injuries. Unfortunately, in collisions with motor vehicles, the impact on pedestrians is often severe. In the South San Jose case, the driver who hit the victim slowed down but then fled the scene. 

Any time an accident occurs resulting in injuries or property damages, drivers are required to stop at the scene. Not doing so will result in criminal charges. Due to the combined efforts of law enforcement in gathering evidence and witness statements and in spreading the word among the general public and automotive repair shops, the driver is almost always apprehended. Under the California Vehicle Code, leaving the scene of an accident resulting in injuries or death to another driver or a pedestrian is a felony offense which could result in an automatic jail sentence.  

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CA injury lawyerProduct liability claims involve people who have been injured as the result of defects or dangers that a manufacturer either should have known about or knew about and failed to pull the product or provide adequate warnings. A recent trial went underway in San Francisco recently concerning a common and well-known gardening product that is alleged to contain cancer-causing agents which have left many people suffering serious illnesses as a result.

Product Liability Trial Begins for California Man

A federal jury in San Francisco will hear testimony about how a California man developed cancer and how the weed killer Roundup may have been to blame. The lawsuit involving a 70-year-old man is one of the thousands of product liability cases filed throughout the country against agribusiness giant Monsanto, the maker of the weedkiller. The man’s case has the distinction of being the second to go to trial.

The man claims he contracted cancer after routinely using Roundup weedkiller for years under the assumption that it was safe. Critics of the product claim that the main ingredient glyphosate, a common herbicide, is responsible for a variety of cancer illnesses among users. Monsanto disputes this claim, stating that they have conducted numerous studies which have determined the chemical to be safe. Previously, a San Francisco jury awarded another Roundup litigant more than $289 million for damages he suffered as a result of using Roundup and later contracting non-Hodgkin’s lymphoma. That award was later reduced to $78 million by the judge and Monsanto is appealing the verdict.

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San Jose CA impersonation charges lawyerAs a child, you may have pretended to be another person, perhaps someone famous or a police officer. While this may have been a harmless way to have fun back then, as an adult, impersonating someone other than yourself can result in serious criminal penalties. As a form of fraud, a recent case of false impersonation in San Jose illustrates how it can result in both state and federal charges and why it requires a strong criminal defense.  

San Jose Man Impersonates DEA Official

Reports started surfacing in San Jose around Christmas about someone in the area attempting to impersonate a U.S. Drug Enforcement Agency (DEA) official. The first incident involved an actual special agent with the state Department of Transportation. She was pulled over on Christmas Eve 2018 by a man who claimed he was an officer with the DEA. When she questioned his authority and revealed her own position, the man fled the scene. The agent alerted police and informed them that he drove a Volkswagen Jetta that appeared to be equipped with police lighting. 

Since then, there have been several other incidents of drivers being stopped or signaled to pull over by a vehicle of the same description. Police were eventually able to obtain a license plate number, which led them to a 49-year-old San Jose man. As he was impersonating a federal official, actual DEA agents became involved in the case. They noticed him leaving his home in the Jetta while wearing what appeared to be a uniform, carrying a holstered weapon, with a fake DEA badge hanging around his neck. If convicted, he faces fines of up to $500,000 and up to an eight-year prison sentence. 

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CA employment lawyerFor job seekers, figuring out what a hiring manager wants from you can prove challenging. Rather than being specific, employers often rely on the use of jargon. Qualities such as being an ‘independent thinker’, a ‘multitasker’, or being ‘career-oriented’ are used frequently in employment ads, as well as in actual job descriptions. Confusion over how these types of terms manifest on the job site can open the door for employment disputes. A report indicates that the use of employment-related jargon is more prevalent in the Bay area than in other places. The following sheds light on what some of these terms actually imply and how they can affect your rights as a worker

Study Shows Jargon Common in Bay Area Job Ads

A British job posting aggregator recently surveyed the types of phrases and keywords that are commonly used by employers when posting help wanted ads. What they found was that American companies are more likely to use trendy terms or buzzwords to describe the qualities they want in employees, rather than actual job skills.

The survey showed that this practice is particularly common in California, especially in the Bay Area. Employers here are roughly five times more likely to use jargon when describing a position than they are in other areas. Common examples include:

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CA injury lawyerAerophobia, or fear of flying, is a common affliction. Even if you can overcome your fear enough to step on board a plane, mid-air turbulence and the sheer discomfort of being trapped in a tight, closed environment is enough to make even the most frequent flier uncomfortable. News of the recent crash of an Ethiopian airliner is likely to stir up these fears for passengers on upcoming trips. While statistically your odds of being involved in a major aviation accident are low, there is cause for concern regarding the safety of certain planes as well as the potentially serious personal injuries that can occur before, during, or after your flight.

Airplanes Grounded After Ethiopian Crash

The news of the devastating crash involving the Boeing Co.’s 737 Max 8 out of Ethiopia, which killed more than 150 people, came as a shock both to the public and to airline industry officials. It was the second crash within six months involving that particular model of plane. In the aftermath, numerous airlines stepped forward saying they would ground the aircraft until a more in-depth investigation could be conducted. Several others, including Southwest and American Airlines, insisted they had confidence in the plane and would continue flights as scheduled.

Within days U.S. aviation officials took more definitive action and grounded the planes. Boeing itself pledged to halt further deliveries of the aircraft until they are able to properly assess the problem and install new flight control software. The process could take at least six weeks or longer, leaving the planes out of circulation until the end of April and causing airlines to change customer flight plans.

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San Jose CA DUI defense lawyerIn California, getting a DUI is an extremely serious matter. In addition to fines and criminal penalties, there is also the impact on your driver’s license, the increased costs, and the potential damage to your job or reputation. When considering whether you need legal help in defending yourself against these charges, it is important to consider these ramifications. The following outlines what to expect based on whether you have any prior DUIs on your driving record, along with some of the defenses our San Jose DUI defense attorneys may be able to raise in your case.  

Could You Be Facing a Jail Sentence for a DUI? 

Under California law, it is illegal to drive with a blood or breath alcohol content (BAC) level of 0.08 or greater. Law enforcement officials have the authority to pull you over, detain you, and press criminal charges in the matter if they have a reasonable suspicion you are operating the vehicle under the influence of alcohol or any intoxicating substance. 

As drunk driving is a leading cause of car accidents and injuries throughout the state, California takes a strong stand against suspected DUI drivers. Penalties you face depend on whether you have previously been convicted on a DUI offense or whether anyone was injured as the result of your actions. These penalties include: 

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CA injury lawyerElectric scooters have many devoted fans throughout the Bay Area. People of all ages appreciate them as a convenient and cost-effective way to get around town, eliminating the need to take the bus or to deal with the hassle of driving, which includes sitting in traffic, wasting gas, and driving around endlessly looking for a parking space. However, with increases in both the number and severity of personal injuries associated with scooter accidents and the hassle of having riders abandon them on sidewalks and in other places, the number of places putting scooter bans into effect are increasing as well.

Electric Scooters Banned at San Jose State

While electric scooters may be convenient and fun to ride, some places are saying they are just not worth the hassle. San Jose State University put a scooter ban in place after receiving numerous complaints about users riding them improperly and parking them in potentially dangerous locations, such as in front of doorways or in the middle of sidewalks and bike paths. Electric scooters are now completely prohibited anywhere on school grounds and SJSU officials took the drastic step of collecting every scooter it had on campus, locking them in a warehouse, and telling the scooter companies to come get them.

During the same week the ban took effect, a scooter accident near campus seemed to illustrate the point. The collision involved a person who was hit by a Tesla Model S after driving a Lime scooter the wrong way in a bike lane. The unidentified scooter rider was taken to a local hospital, where he was treated for non-life threatening injuries.

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CA injury lawyerParticipating in recreational or school-related sports is a good way for your child to stay fit and to make new friends. While it can be fun for your child to be a part of a team and to engage in healthy competition with others, it is important to be aware of the risks. Young athletes may push themselves too hard or disregard safety instructions, resulting in potentially serious personal injuries. Coaches, recreational staff, and school officials have a responsibility to protect your child, but it is up to parents to ensure the proper precautions are taken.

Raising Awareness About Youth Sports Injuries

The month of April is designated as National Youth Sports Safety Month. The month is sponsored by the American Orthopaedic Society for Sports Medicine, which offers numerous tools and resources for coaches and concerned parents.

Serious injuries can occur when young athletes are engaged in a wide variety of activities. This includes sports which require physical interactions with others, such as basketball, football, and soccer, as well as more individual pursuits, such as dance, swimming, or long distance running. The following are among the most common types of youth sports injuries:

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CA employment lawyerAt the beginning of 2019, San Jose workers got a bump in their pay as the city raised the minimum wage to $15 per hour. While employee rights advocates hail the increase as a step in the right direction, business owners have been grumbling about increased costs. This situation is one that is ripe for wage disputes, particularly in cases where businesses are not in compliance or when they attempt to cut corners in terms of calculating hours. A recent class action lawsuit against a Bay Area eatery provides important clues as to the types of unfair wage actions workers need to be alert for.

Bay Area Eatery Settles Lawsuit for $690,000

Gordo Taqueria is a popular eatery with locations throughout the Bay area. However, the restaurant’s owners have been embroiled in legal battles over the past few years regarding accusations they engaged in unfair and illegal wage practices. A former dishwasher and prep cook initiated a class action lawsuit against the business, which eventually included more than 240 other employees. The dishwasher, who worked at the Berkeley location from 2013 to 2015, alleges that the restaurant owners engaged in a variety of unfair practices, which include:

  • Not paying legally required overtime for those who worked 10 to 12-hour shifts;
  • Not providing the required rest and meal breaks on longer shifts;
  • Miscalculations of employee pay due to poor record keeping practices; and
  • Failure to distribute tips to workers as legally required.

The issues raised in the lawsuit may serve as a wake-up call for other workers in the area who have employers engaging in the same types of practices. While Gordo Taqueria admits no wrongdoing in the matter, they did agree to settle the lawsuit and pay the former employees $690,000.

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San Jose CA assault and battery lawyer.jpgSan Jose was once considered one of the safest big cities in the United States. However, a new report shows that while violent crimes have gone down in other places throughout the Bay Area, the number of assaults and batteries committed locally have increased dramatically over the past year. To stop this trend, law enforcement is vowing to be more aggressive in its efforts, both in apprehending suspects and in pressing criminal charges.  

San Jose Police Focus on Reducing Violent Crime

Recently released police data shows that San Jose, once known for its low crime rate, has experienced a dramatic six percent increase in violent crimes over the course of 2018.

Local law enforcement officials blame the increase on the department’s struggle to rebuild after losing a significant number of officers in the aftermath of pension reforms. Over the past 10 years, the San Jose PD has lost more than 20 percent of its officers, reducing the force from 1,400 to just over 1,000 officers. As a result, there are slower response times when crimes are reported and a lesser likelihood of apprehensions. 

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CA injury lawyerThe recent rash of motor vehicle accidents in San Jose involving pedestrians has gotten people talking about the problem and how to address it. Increased law enforcement efforts in apprehending reckless drivers and improvements to infrastructure designed to increase pedestrian safety are both viable safety options currently being implemented. However, some suggest that pedestrians themselves need to be more aware of the behaviors which put them at risk.

San Jose Pedestrian Accidents Continue Alarming Increase

For the past several years, there have been a steady number of pedestrian accidents in our area. The current years tally started on January 1, 2019, when an incident involving an SUV left the mayor of San Jose with multiple broken bones. One of the most recent pedestrian crashes occurred in late January, claiming the life of a local man who was a husband, father, volunteer firefighter, and Sunday school teacher. In 2018 there was a total of 24 pedestrian deaths, the highest number in three years.

San Jose city officials claim that part of the problem is a thinly stretched police force unable to crack down on reckless drivers, combined with high crash risk intersections and roadways in need of safety improvements. The city plans to address these issues over the next year as part of its Vision Zero plan, which aims at reducing the overall number of traffic accidents. While more sidewalks, increased lighting, and additional crosswalks will help, some are saying pedestrians need to be more aware of the types of behaviors which put them at risk.

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CA injury lawyerAccidents can happen in a variety of scenarios. Minus any immediate symptoms, such as broken bones, obvious bruises, or bleeding, you may be tempted to brush off any possible injuries you sustain as relatively minor and inconsequential. However, anytime an accident involves a bump, blow, or jolt to the head, it is important to be aware of the serious and possibly permanent damages it can cause. Concussions are one of the most common types of personal injuries and medical experts continue to uncover the serious ramifications these injuries can have on every area of a victims life.

Signs and Symptoms of Concussion

According to the American Association of Neurological Surgeons (AANS), a concussion involves any type of injury to the head that disrupts the brains normal processes and functions. In cases of mild concussion, there may be no immediate or obvious outward signs symptoms. As a result, victims may be tempted to shrug off a bump or blow to the head, not reporting it or seeking the medical attention they need.

However, the AANS states that even a minor concussion is nothing to take lightly, as it can have long term impacts on your physical health and emotional wellbeing. Signs and symptoms to be alert for include:

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San Jose, CA criminal defense attorneyFacing any type of criminal charges in San Jose is a serious matter. With the potential for heavy fines and jail time, you need an experienced San Jose, CA criminal defense attorney on your side. In an effort to put a dent in the high crime rates experienced throughout the area, law enforcement officials are increasingly focused on apprehending offenders, while prosecuting attorneys are aggressive in making charges stick. 

Local business and property owners have also gotten involved and are becoming more vigilant both in reporting crimes and making an effort to identify suspects. Video recordings are being used more regularly and can end up providing damaging evidence in your criminal court case. 

San Jose Merchants Use Video Recordings To Help Curb Crime In Area 

The San Jose area has been plagued by increasing crime rates, and local merchants took a drastic stand recently in calling attention to the problem. A November 2018 NBC Bay Area report states that after a year of dealing with problems such as prostitution, drug dealing, and assaults in front of their establishments, merchants on Monterey Highway released surveillance videos taken on their property to the press. Contained within the videos includes evidence of the following: 

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Posted on in Personal Injury

CA injury lawyerInterstates and highways intimidate many drivers. Between widespread lanes, multiple exit and entrance ramps, and the high rates of speed at which drivers are traveling, these are common areas for car accidents to occur and the injuries that result can be severe. Of these types of crashes, wrong way collisions are among the most potentially deadly. A recent wrong-way crash in San Francisco that left two people dead and nine others injured highlights how dangerous these accidents are and how they often occur.

San Jose Driver Responsible for Wrong-Way Crash

Recently, a tragic three-car collision on Highway 101 closed all northbound lanes. The accident occurred at roughly 2:30 a.m. when investigators believe a 21-year-old San Jose woman entered the highway going the wrong way from the Vermont Street off-ramp. As she headed southbound in the northbound lanes, she struck an Uber van driven by a 40-year-old man.

The 40-year-old man was an Afghan immigrant who had relocated to the area due to safety concerns regarding work he did with the U.S. Army in Afghanistan over the course of 2015. He was driving for Uber full time as he attended computer science classes at Diablo Valley College. Both drivers were killed immediately as a result of the accident. Six passengers in the van of the Uber driving and three other motorists involved in the crash all suffered serious injuries.

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CA employment lawyerIn the tech business, being employed by industry giants often means getting the opportunity to perform meaningful work, at a decent rate of pay, and with plenty of workplace perks. However, it does not necessarily mean job security or protection from the types of layoffs that happen in other types of business industries. Silicon Valley companies have announced employee cutbacks over the past year that have left hundreds of people in our area searching for new positions. As Bay area employment law attorneys, we want you to be aware of your rights and the steps you need to take if you lose your job.

In San Jose, eBay Job Cuts Impact Local Residents

eBay recently announced a reorganization of the company, resulting in layoffs for more than 100 workers from the Bay area. The majority of those impacted are from the company’s newest location on North First Street and from the San Jose headquarters.

The layoffs are part of a larger consolidation, which eBay executives claims is geared towards allowing it to maintain maximum focus on the company’s global market. Those impacted include eBay directors, managers, data scientists, and software engineers, as well as several members of legal counsel.

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San Jose, CA sexual assault defense attorneysIn criminal court cases, the state has a limited amount of time to bring charges against alleged offenders. Known as the statute of limitations (SOL), once this time period has elapsed, the person may no longer be prosecuted for the crimes. However, in cases involving sexual assault, these time periods were abolished in California. This allows victims to come forward and press charges based on incidents that happened years in the past. A San Jose track coach was recently arrested and charged with a series of sex crimes that allegedly occurred more than a decade ago.   

San Jose Man Accused of Sex Crimes Against Minors

The 56-year-old owner of Marshall Sports Performance and Fitness in San Jose was working at Branham High School as an after-school track coach when allegations surfaced that he had sexually assaulted minor students in the past. The incidents allegedly occurred more than 10 years ago when he was a teacher at Valley Christian High School. 

Investigators say that numerous victims came forward and made allegations that the man had committed sexual acts against them in his classroom over the course of the 2004-2005 school years. He has been charged with 12 counts of sexual penetration with a person under the age of 18 and another 12 counts of oral copulation. 

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