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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 attorneys, summer safety, summer camp safety, child injuries, slips and fallsSummer time encourages parents to get creative in keeping children busy and occupied. In a previous post, we highlighted tips on selecting day care arrangements for little ones. For parents with older children and teens, summer camp is one option you may explore. While camps can provide fun, education, and adventure for your child, it is important to keep safety in mind when making your selection. Personal injuries are common among kids and occur frequently over school vacations. The following are tips to help you choose the right camp for your child.

Choosing a Summer Camp

Throughout Northern California and the surrounding areas, there are numerous options to explore in terms of school age summer camps. Some emphasize outdoor fun and fitness, while others are geared more towards nurturing creativity and academic knowledge. The type of camp you choose will depend on your child’s interests and abilities; however, there are some general factors to keep in mind when making a selection.

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tax fraud charges, San Jose tax fraud attorneys, tax schemes, foreign trust schemes, avoiding taxesThe hustle to get your taxes filed on time and to claim the maximum amount of deductions may be a distant memory, when suddenly you receive a notice from the IRS in the mail. An audit or investigation may have been opened in your case, or they may simply be requesting some further information. In either event, the prospect of tax fraud charges is a frightening one, with the potential for serious criminal penalties as well as fines and seizures or liens on property. If you have received this type of notice, the following outlines common reasons for investigations and the steps to take to protect yourself.

Tax Schemes the IRS is Looking For

If you are self-employed, own your own business, or are in a high tax bracket, there are a number of actions you can take throughout the year to help reduce your tax burden. Unfortunately, not all of these are legal and among the ones that are, they can easily be abused. The Internal Revenue Service (IRS) is always on the alert for certain types of schemes, and while it may take several months or even years, they will eventually launch an investigation.

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age discrimination, San Jose employment law attorneys, age discrimination lawsuits, Workplace Discrimination, Workplace Discrimination lawsuitWhile prior work experience and proven years of success in a particular industry looks good on a resume, many companies still prefer employees who are young and can project a youthful appearance. Unfortunately, age discrimination is alive and well, and it is not just small, independent companies engaging in it. Some of the biggest names in corporate America have found themselves at the center of lawsuits. Consider the following subtle signs that age discrimination that may be a problem in your own workplace.

Age Discrimination Lawsuits

An April 2018 report by the Washington Post announced that the National Football League (NFL) was recently named in a federal age discrimination lawsuit, filed by ex-security officials who were replaced during the previous season. A total of nine men in their 60s and 70s filed against the sports giant, claiming they were unfairly replaced by younger workers after a new security chief was installed.

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San Jose personal injury attorney, dog attack, unleashed dog, dog bite injuries, dog bitesThroughout San Jose and the entire Bay Area, there are numerous parks, restaurants, shopping plazas, and other venues which are friendly to four legged companions. While being able to take your dog with you on outings allows for plenty of advantages, it also comes with a certain amount of responsibility. Individual pet owners are responsible for their dogs behavior, and can be held accountable when dog bites resulting in serious personal injuries occur.

Consider the following tips on how to protect yourself when encountering a dog, either with the owner or unattended, as well as what to do in the event a bite or attack occurs.

Protecting Yourself Against an Attack

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cyberbullying, Internet crimes, San Jose criminal defense attorneys, criminal charges, electronic harassmentBullying behaviors, such as calling others names or picking on aspects of their appearance, has long been a problem among school age children. With the Internet and social media sites allowing for easy communications and comments among users, it has become an increasing common problem with adults as well. When disagreements and differences of opinions turn into personal attacks, you could find yourself facing charges of cyberbullying. This is a potentially serious type of Internet crime that requires an aggressive defense to avoid both criminal and civil penalties.

Cyberbullying in California

The California Attorney General takes a strong stance against cyberbullying in light of the potential impacts it can have on victims. The anonymity provided by social media can often embolden this type of behavior, but the fact is you can easily be tracked down and charged for this crime, particularly if the person targeted suffers physical, emotional, or financial harm as a result.

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Internet crime, child pornography, San Jose Internet crime attorney, dark web, sex offenderJust about anything is available for purchase online, but just because it is being offered does not mean it is legal. Unscrupulous sellers provide products ranging from illegal weapons and narcotics to child pornography, while there are those willing to perform illegal services, such as assault, theft, and murder, for a price. Internet crime is a big business, and unsuspecting people can easily become ensnared. It is always important to remember that there is no such thing as anonymity online, and purchases you make can easily be tracked and reported to the authorities.

San Jose Coach Arrested for Child Pornography after eBay Purchase

You do not have to be on underground ‘dark web’ sites to get in trouble for online purchases. Buying quantities of weapons, known poisons, or chemicals associated with drug manufacturing or bomb making can trigger an alert. The Drug Enforcement Administration (DEA) encourages tips from online sellers and observers of social media postings in which illegal or potentially dangerous activities are discussed. One call is all it takes to trigger an investigation.

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San Jose employment law attorneys, part-time worker, Opportunity to Work Ordinance, temporary workers, right to workAs local businesses get ready for the summer season, many will be looking to add college or high school students and other temporary workers to their staff to accommodate increases in customer flow. If you are a part-time employee, you may be looking forward to the upcoming months as an opportunity to pick up extra money for yourself and your family by increasing your hours. Unfortunately, employers may be reluctant to increase time on the job for part-timers out of reluctance of having to pay additional benefits. Our San Jose employment law attorneys stand up for the right of workers in these situations. Under local ordinances, employers can face penalties for not increasing the hours of current employees before hiring on additional, temporary staff.

San Jose’s Opportunity to Work Ordinance

Chain restaurants and franchise stores look forward to increased profits over the summer months due to a surge in summer travelers. Employees look forward to this time of year as well, as it allows them to make additional income. Unfortunately, part-time, year-round workers may be disappointed to find their hours remain the same while their boss brings in temporary help. This is often done to alleviate any concerns the company has about changes in employee status or having to offer benefits.

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summer daycare, San Jose personal injury attorneys, child care center licensing, daycare negligence, daycare injuriesThe summer months mean children are out of school, thus leaving busy parents to plan on ways to occupy their time. Time spent in a daycare facility or with a babysitter may be needed to ensure older children are supervised throughout the day and to provide for the needs of younger ones.

Deciding on the right provider in either situation can easily create tension, as parents worry about safety and the quality of care their children will receive. To keep everyone happy and to protect against potentially serious accidents and personal injuries, consider the following tips to help guide you in making these arrangements.

Child Care Center Licensing in California

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San Jose premises liability attorneys, reporting crimes, premises liability claim, college campus crime, stalking casesCrime can happen anywhere. However, to cut down on the risks, most of us try to be conscious of places where we might be vulnerable and areas where previous violent assaults, sexual attacks, and other crimes have occurred. When property owners fail to warn visitors of dangers or to take the actions needed to prevent crimes, they may be held liable for the damages suffered through a premises liability claim.

A recent situation in our area and throughout the state highlights the problems that can arise when companies and organizations fail to disclose criminal activity. A state audit found that college campus crime is often underreported by administrators and school officials. Parents claim that when students are unaware of the situation, it increases their risks of being victimized.

Campus Crime Underreported In California

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San Jose drug defense attorneys, drug crimes, drug charges, criminal conviction, drug diversion programDespite relaxed laws in terms of recreational marijuana use, drug crimes in California are still vigorously prosecuted and a criminal conviction can carry potentially serious penalties. In San Jose, the best way to protect yourself against a criminal record and the possibility of a jail sentence is to have an experienced criminal attorney working on your case. At Jachimowicz Law Group, we build a strong legal defense for clients facing drug charges, which may include exploring drug rehabilitation and treatment options as a way of getting your charges dropped or dismissed.

California’s Proposition 36

When representing clients charged with drug offenses, our first approach is to thoroughly investigate every aspect of your case, gathering evidence that would support getting your charges reduced or completely dismissed. This may include disputing witness statements and physical evidence collected at the scene, along with uncovering discrepancies in your arrest or the way in which your charges were processed. Depending on the situation, we may be able to negotiate with law enforcement officials and with the prosecuting attorney prior to taking your case to trial.

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soft tissue injuries, San Jose personal injury attorneys, motor vehicle accidents, slips and falls, personal injury recoveryDamage to the muscles, tendons, and other soft tissues are among the most common types of personal injuries. They often occur as the result of motor vehicle accidents, slips and falls, during sports or recreational activities, or as the result of overuse on the job. While these injuries often involve less aggressive medical treatments, the fact is they take up to a year or more to heal and can end up resulting in permanent disabilities.

Have You Been Diagnosed with Soft Tissue Injuries?

The term ‘soft tissues’ refers to the various muscles, tendons, ligaments, and other connective tissues that surround the bones and joints throughout the body. Even an otherwise minor accident can result in pain, swelling, and limited movement in the body part affected. According to the American Academy of Orthopedic Surgeons (AAOS), there are three common types of soft tissue injuries:

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San Jose personal injury attorney, boating accidents, boating safety, boating and alcohol, reckless boatingNow that summer is here, many San Jose residents will likely take to the water. With ocean and bay temperatures hovering at less than 60 degrees, boating provides a way to enjoy a day out without having to grapple with a wetsuit. Unfortunately, the more people there are on area waterways, the greater potential for mishaps.

Boating accidents can easily result in drownings, and even otherwise minor collisions can cause end up resulting in serious personal injuries. Before heading out, be aware of the dangers and the steps you can take to protect yourself and your fellow passengers.

Boating Safety in San Jose

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workplace accidents, workplace injuries, San Jose injury attorneys, food service workers, soft tissue injuriesWorkers of all ages can find steady employment and make successful careers out of working in the food service industry. Particularly in the summer months, neighborhood restaurants and fast food places often increase hiring among kitchen and other back-of-the-house workers to keep up with consumer demands. While this can allow you the opportunity to pick up some extra income, there are issues with these jobs of which you need to be aware.

While a recently passed law now allows kitchen workers to supplement otherwise lower wages with pooled tips, they still face a higher risk for workplace accidents and injuries.

Kitchen Workers Approved for Tip Pooling in California

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employment discrimination, San Jose workplace discrimination attorneys, immigrant job discrimination, Workplace Discrimination, national origin discriminationThe current political climate and recent changes in government policies have taken a heavy toll on the immigrant population. In addition to the fear of being targeted for hate crimes and abuse, they also face a greater likelihood for employment discrimination. While local leaders and community members have taken a stronger stance in general to provide support for people from other countries and to protect them in our community, the fact is there are still those who hold strong opinions on nationalism and reflect those in their business practices. The following highlights important information about the immigrant population in our area and the hurdles they can face in the job market.

San Jose is Home to a Diverse Population

According to the National Immigration Forum, San Jose is home to a diverse population of individuals and extended family members, of whom more than 35 percent are immigrants from other countries. The largest percentage of foreign born residents in our area come from places throughout Asia and Latin American, as well as from African nations, such as Ethiopia.

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petty theft crimes, San Jose criminal defense attorneys, stolen property, theft crimes, minor criminal chargesWhen you think of theft crimes, you may envision a hardened criminal or a slick grifter who eyes up his or her prey before making off with money, cars, jewelry, or other valuable assets. While these types of cases often make headlines, petty theft crimes often go unnoticed. Unfortunately, even a minor incident can draw lots of negative attention, depending on your career or your reputation within the community.

A recent case involving a local newscaster covering an NBA game highlights the controversy even a seemingly minor crime can cause, particularly if you are in the public eye.

Bay Area Newscaster Faces Hot Water After Taking Team Jacket

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San Jose motorcycle accident attorneys, motorcycle accidents, motorcycle safety gear, motorcycle safety course, defensive driving techniquesThe late spring and summer months are perfect for motorcycle riding in San Jose, but bikers of all ages and experience levels are urged to use caution. A recent string of motorcycle accidents in our area emphasizes the need for safety and the importance of knowing proper defensive driving techniques. 

Motorcycle Safety in San Jose

The NBC Bay Area affiliate recently reported on a fatal motorcycle accident in San Jose, which is one of several major crashes involving bikers that have occurred in our area over recent months. In April 2018, a motorcyclist was killed on Blossom Hill Road and Judith Avenue in south San Jose, after losing control of his bike and colliding with a car stopped in traffic in front of him. The biker, who was not wearing a helmet, was pronounced dead at the scene.

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arrest warrant, San Jose criminal defense attorneys, misdemeanor crimes, San Jose criminal charges, criminal chargesHearing that an arrest warrant has been issued against you may send you into a panic. You may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at your home or place of business. While these scenarios do occur, the fact is that actions taken by law enforcement largely depend on the specific criminal charges and the circumstances surrounding a person's case. An arrest warrant is nothing to take lightly, however, and is something you should consult an experienced criminal defense attorney on right away to ensure your rights and best interests are protected.

California Arrest Warrants

An arrest warrant can be issued whenever the law is broken, whether it involves a traffic ticket, a white collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under the California Penal Code, a law enforcement official can arrest you at the scene immediately if he or she sees a crime has been committed. Or, an officer can request an arrest warrant from the court based on the evidence in your case.

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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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