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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 attorneys, head injury risks, football and head injuries, concussions, traumatic brain injuryWith summer coming to an end, middle school and high school football fans in the San Jose area eagerly anticipate the coming season. Players, parents, and coaches all take these games seriously, and it is not uncommon to see major hits which could result in serious personal injuries. After a failed effort earlier this year to change the laws which govern the way young student athletes play football as a way of preventing head injuries, it is important for parents to be aware of the risks and the steps they need to take to keep their children safe.

Legislation Intended to Protect Young Players Falls Short Of Goal

Head injuries among pro-football players have been a hot topic over recent years, and there are increasing concerns about the permanent damages these injuries could cause in young players. In early 2018, as a response to concerns among some parents, two California lawmakers looked at the number of head injuries among students engaged in tackle football and sought to outlaw this type of play, at least until players reached high school age

The Sacramento Bee was one of several local and national newspapers covering this issue. In February 2018, local Democratic Assembly member Kevin McCarty and Lorena Gonzalez Fletcher of San Diego initiated legislation that would prohibit tackle football among children under the age of 12. Similar efforts to ban this type of play had taken hold in other cities across the country.

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San Jose employment law attorneys, workers' compensation claim, workplace retaliation, OSHA rules, employee protectionOn-the-job injuries can happen in any occupation. When they do, workers’ compensation benefits can provide a lifeline for employees during their recovery. Unfortunately, some employers may try to discourage their workers from filing claims, try to dispute the injury or how it occurred, or may engage in workplace retaliation as a result. In these situations, knowing your rights under the law can protect you in your current job, and may help prevent long term losses associated with any lasting disabilities you suffer.

Your Rights to Workers’ Compensation Benefits

Workers compensation is a federally mandated program that acts as a form of insurance. Administered through the Department of Industrial Relations, the California workers’ compensation program provides important benefits, which are available to workers who suffer on-the-job accidents and injuries or occupational illnesses as the result of exposure to toxic substances or other conditions in the workplace. Benefits available include:

  • Reimbursement for lost wages during recovery;
  • Coverage of medical expenses, including diagnostic testing, treatments, follow up visits, and medications associated with the injury or illness; and
  • Compensation for any temporary or permanent disabilities the worker suffers as a result of his or her condition.

Employees are entitled to receive benefits regardless of who was at fault for their accident, injuries, or illness. In exchange, they are generally prevented from filing a lawsuit against the employer. California law dictates that even if you are the only employee of the company, the owner must provide coverage.

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San Jose criminal defense attorneys, San Jose arrest,  misdemeanor charges,  felony crime allegations, San Jose criminal chargesYou may think of getting arrested as something that only happens to serious offenders or to those who live a life of crime. However, thousands of otherwise hardworking, honest people in our area end up behind bars each year. Whether you are detained for only a few hours or for several days, any amount of time spent in jail can be a traumatic experience.

What you say and do during this time can have a major impact on the likelihood of a conviction, which is why you need to get an experienced San Jose criminal defense attorney on your side right away. We can guide you through the legal process while ensuring your rights are protected. 

The Odds of Getting Arrested in San Jose

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San Jose personal injury attorneys, San Jose protests,  Trump supporters, protest violence, San Jose PoliceThe Bay area is one of the most progressive places along the West Coast, with residents who do not hesitate to make their voices heard on a variety of issues. While peaceful protest has helped bring about needed changes, recent events focusing on issues related to the current administration have become increasingly violent, resulting in personal injuries among activists on both sides of debates.

The San Jose Police are at the center of a controversy that began more than two years ago, at a local convention prior to when the current administration took office. A lawsuit against the SJPD alleges that rather than uphold their duty to protect and serve, officers actually contributed to a confrontation that left several Trump supporters suffering serious injuries.

SJPD Sued by Trump Supporters

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car fires, San Jose car accident, faulty products, San Jose car accident and personal injury attorneys, pile up accidentIt is a common image in action movies and on television shows: a car accident occurs and as the occupants are moving away from the scene, an explosion suddenly erupts and the car is set ablaze. In real life, a similar incident recently occurred in San Jose. Fortunately, there were no serious injuries reported; however, it did create a mess and tied up traffic on Highway 101 for hours. How often do car fires occur, and should you be concerned?

Car Bursts into Flames After Accident in San Jose

With winding roads and often heavy traffic conditions, accidents on Highway 101 in San Jose are unfortunately common. A collision, which occurred in late July on this busy stretch of road, left many concerned about the underlying causes in its wake. NBC Bay Area News reports that a pile up accident during the evening commute on July 26, 2018 took a surprising turn when one of the cars involved burst into flames.

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charged with murder, San Jose criminal defense attorneys, manslaughter charges, purse snatching, facing criminal chargesWhen a crime is committed, innocent people can get hurt. A recent case in the Bay area involves a man who committed a purse snatching. An otherwise minor crime in which he likely would have faced minimal time in jail became far more serious when the victim fell and died as a result of the incident. Charged with murder, the man now faces a potential life sentence, though an experienced criminal defense attorney may argue that the crime itself amounts to a case of involuntary manslaughter.

East Bay Man Accused of Murder in Death of 93-Year-Old Victim

In mid-July, 2018, the NBC Bay Area News reported on the tragic death of an elderly woman, due to a fall that occurred during a purse snatching. The victim, a 93-year-old woman, was walking into a Bank of America with a friend, when she was allegedly approached by the accused — an East Bay man.

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b2ap3_thumbnail_first-responders-San-Jose.jpgPolice, firefighters, emergency medical service providers, and other first responders put their lives on the line each day as part of their jobs. As a result, they suffer high numbers of injuries due to work-related accidents. Motor vehicle crashes and collisions are a common occupational hazard in these fields and can result in serious and potentially life threatening injuries. While some are due to the reckless actions of onlookers or other motorists on the road, the stress and distractions that occur behind the scenes can make these incidents more likely to occur. 

Police Officer Injured After Vehicle Accident Near San Jose

According to reports from ABC 7 News, a California Highway Patrol (CHP) officer suffered serious injuries as the result of being struck by a motorized vehicle just outside San Jose on July 27, 2018. The incident occurred in the early morning hours on Clayton Road, as the officer responded to reports of a traffic accident. 

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San Jose employment law attorneys, job interview questions, job discrimination, California employment law, age discriminationIf you have been out of work or looking to change jobs or career fields, receiving a call back for an interview by a potential employer is exciting news. How you answer certain interview questions can differentiate you from other job candidates and will ultimately play a role in any hiring decisions; therefore, it is natural to want to spend some time brushing up on the common topics that are likely to be discussed. Be aware, however, that employment laws do prohibit employers from asking certain types of questions in interviews. In addition to having the right not to answer, these questions could open the potential employer up to liability in a claim.

Questions that Are Illegal to Ask in a Job Interview

In a competitive job market, employers are apt to be thorough in asking questions during a job interview. The goal is to narrow down the list of possible candidates and should focus on job qualifications. There are several factors which could influence a particular employees job performance and Monster.com advises that employers do have plenty of flexibility in terms of the topics discussed. However, there are certain types of questions that should not be asked, which could qualify as illegal under state or federal laws.

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illegal gambling, San Jose criminal defense attorney, illegal gambling operations, misdemeanor charges, illegal gaming stingGambling holds a strong appeal for many people. When you go to places like Las Vegas or Reno, casinos and stores everywhere offer poker machines where people spend hours on end engrossed in play. While there are some games of chance that are permitted in California, in general operating gambling machines and running other types of illegal games could result in serious criminal charges. If you are facing the possibility of a conviction, you need an experienced San Jose criminal defense attorney to protect you against penalties that include heavy fines and a potential jail sentence.

Gambling Crackdowns in San Jose

Gambling machines owners and illegal gaming operators are a frequent target of law enforcement officials, with undercover operations and coordinated busts in our area occurring on a regular basis. Bay area CBS affiliate KPIX 5 reported that on July 19, 2018, a takedown by police in San Jose netted more than 51 gambling machines, an estimated $75,000 in cash, and the names and addresses of additional people suspected to be involved in illegal gaming operations. A follow up raid based on warrants from the U.S.Department of Justice netted an additional 13 machines and close to $300,000 in suspected gambling proceeds. Additional raids are likely to occur by the end of the summer.

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San Jose truck accident, San Jose truck accident attorneys, uneven truck load, improper loading practices, poor truck maintenanceTruck accidents can happen for a variety of reasons. Driver errors, such as speeding, approaching turns too fast, and driving distracted or under the influence are often primary contributing factors. In other situations, poor truck maintenance and lack of proper training may have made a crash or collision more likely to occur. In the case of a recent San Jose truck accident, shifting loads or improper loading practices may have been to blame.

Truck Overturn Causes Traffic Tie-Ups, Leaves One Injured in San Jose

Truck accidents involving semi-tractor trailers, 18 wheelers, and other big rigs can cause major damages, both to the truck driver and other motorists involved. Fortunately, there were only relatively minor injuries in a recent truck accident in San Jose. SFGate reports that on July 24, 2018 a Gilroy man was driving southbound on Interstate 880 heading towards Highway 1 in San Jose when he lost control of his 2009 Volvo 18-wheeler. The truck trailer began shifting towards the left and eventually overturned, coming to a rest between the fifth and fourth lanes of the 101 entrance ramp.

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school safety tips, school safety, San Jose personal injury attorneys, recreation-related accidents, traumatic brain injuryLate summer is the time when parents slowly wind down activities and start thinking about sending their children back to school. Amidst getting new clothes, shoes, backpacks, and other supplies, it is important to keep some general safety precautions in mind. Students face a serious risk of personal injuries as the result of slips and falls, sports-related injuries, and pedestrian or bicycle accidents. The following are tips designed to help you protect them in the school year ahead.

Preventing Back to School Pedestrian and Bike Accidents

According to the National Safety Council, pedestrian accidents are one of the biggest safety threats students face. Whether they walk or ride the bus to school, it is important to teach them a few general precautions:

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San Jose criminal defense attorneys, hit and run accident, car accident injuries, severe criminal penalties, hit and run chargesMotor vehicle accidents can happen when you least expect them. They may be due to reckless driving behaviors on the part of others, such as making sudden stops or failing to yield, or due to your own errors in judgement, such as driving distracted or under the influence. Whatever the cause and circumstances surrounding a crash, it is important to stop immediately at the scene to protect yourself against criminal charges. Hit and run is a serious matter in San Jose and throughout California. In addition to being liable for injuries others suffer as the result of your actions, you could end up facing severe criminal penalties. 

San Jose Driver Charged With Hit and Run after Multi-Vehicle Accident

A recent accident involving a pick up truck along Vine Street in downtown San Jose set off a chain reaction, resulting in serious injuries for several drivers and passengers, along with causing extensive damage to six other vehicles. ABC7 reported on the accident, which occurred just after midnight on June 28, 2018.

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San Jose personal injury attorneys, large crowd injuries, accidental injuries, slips and falls, traumatic brain injuriesAnytime large groups of people are assembled together, whether inside auditoriums or sports arenas or outdoors at festivals or public street events, there is the chance for conditions that make personal injuries more likely to occur. Space may be at a premium, unexpected accidents can occur, and fights can break out, causing pandemonium and chaos. Knowing what to do and how to handle yourself in a crowd can help to ensure your safety. Consider the following tips to protect yourself and others who are with you.

Preparing Yourself For Crowded Events

Pushing, shoving, and being crushed between objects or under people are all concerns in large crowds, as are slips, trips and falls, and injuries due to dangerous conditions such as fires, electrical problems, adverse weather conditions, and acts of violence by others. Places where these types of issues may occur include sporting events, concerts, street festivals, and social or political protests, such as the recent Families Belong Together rally in June 2018, which the Mercury News reports brought more than 20,000 people together in the Bay area.

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San Jose criminal defense attorneys, protester rights, protesting permits, protester charges, criminal chargesIn recent years, Americans have taken to the streets in large numbers to protest a large variety of local, national, and international policies and practices. Speaking out against perceived injustice is a long and hard won tradition in this country; however, it has become a flashpoint for controversy.

While free speech and the ability to peacefully assemble is a constitutional right, legal actions against protesters have resulted in numerous arrests and the need for a strong criminal defense. Citizens should continue to unite and stand up for what they believe, but it is important to be aware of your rights and the legal limitations before taking part in a protest.

Permits Required For Protesting

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drowning accidents, San Jose personal injury attorneys, drowning risks, children and swimming, Santa Clara drowningSwimming is a favorite activity for children over the summer months. Being out of school, they are likely to want to spend time at the beach or in water parks and swimming at a friend’s home. While this provides children with a fun way to stay physically active and fit, it is important to take precautions to prevent drowning and near drownings, which can result in severe personal injuries.

Drowning Accidents Spike In Santa Clara County

According to a July 2018 report in the Mercury News, drowning accidents have spiked significantly over the past several months. Three children have died as the result of fatal drownings since May, while local hospital rooms have already treated more children for injuries caused by near drowning accidents recently than they have over previous summer seasons. As of the end of June, a total of eight children between the ages of 18 months and 11 years have been affected, with five of the victims under age four.

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Posted on in Personal Injury

sexual abuse, San Jose personal injury attorneys, civil lawsuit, California Victims Compensation Fund, self-defenseSexual abuse is an act of violence and a violation of trust. It can occur among children, among spouses and those in dating relationships, with patients in hospitals or nursing homes, as well as among employers and employees. In addition to the serious personal injuries that can result, it can leave lasting emotional scars as well. While you cannot erase or forget what has happened, the following are steps you can take to help you recover.

Dealing With the Trauma of Sexual Abuse

The trauma suffered by survivors of sexual abuse can end up following them for decades afterward, impacting nearly every area of your life. It can alter how you feel about yourself and disrupt your social activities, your professional development, and your relationships.

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wrongful termination, San Jose employment law attorneys, wrongful termination grounds,  wrongful termination lawsuit, employment contracts, sexual harassmentWorkers in California are protected by both state and federal laws against wrongful termination and other types of discriminatory or unfair labor practices. When violations occur, employers can be held liable through a civil lawsuit. Damages may include reinstatement to your prior position, compensation for lost wages, and payment of fines, legal fees, and other costs.

If you have been recently fired, how do you know if the situation rises to the level where a lawsuit is in order? The following are four situations that can create liability and land employers in hot water.

Common Practices that Could Form the Grounds for Wrongful Termination 

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Internet crimes, hacking, San Jose internet crime defense attorney, computer hacking, Internet-related chargesIn the world of Internet hacking, participants operate under a variety of motives. Some do it for ethical purposes, uncovering vulnerabilities that threaten security. Others engage in hacking for thrill seeking purposes or with the intent of disrupting systems, stealing data and money from accounts, or otherwise causing extensive damage. If caught in this type of situation, you will need an experienced Internet crime defense lawyer on your side to avoid potentially severe penalties.

As a recent local case shows, even with only circumstantial evidence against you, you could still find yourself facing hundreds of thousands of dollars in fines along with a possible prison sentence.

Hacker Faces Felony Charges

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San Jose sex crimes attorneys , sex crimes, sex crime charges, sexual harassment, sexual assaultOf all the criminal charges in the California legal system, sex crimes are among the most serious. In addition to eliciting a strong response from the general public, these charges are likely to have a significant impact on your career and your relationships with others. You could easily find yourself in divorce court, with your rights as a parent in jeopardy, while being out of a job and unable to secure additional employment. In these situations, it is important to take the steps necessary to protect yourself.

Five Steps to Take when Facing Sex Crime Charges

There are a variety of different types of sex crimes listed under the California Penal Code. These can range from stalking and sexual harassment, to engaging in illicit and illegal conduct online, all the way up to charges of rape and sexual assault. In any of these situations, it is important to take the following steps to protect yourself:

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San Jose personal injury attorneys, broken bones,  slips and falls, car accident injuries,  permanent disabilitiesBroken bones are a common type of personal injury, and can occur as the result of slips and falls or due to car accidents involving other motorists, bicyclists, and pedestrians. While painful, the regularity with which they occur often causes victims to underestimate their serious nature. Without proper medical treatment and ongoing follow up care, complications can arise that result in permanent disabilities.

Treatment for Broken Bones 

According to the American Academy of Orthopaedic Surgeons (AAOS), despite their rigid nature skeletal bones are generally somewhat flexible, and it can take significant force or impact for them to break completely in half. Even when they do, the edges may not line up together, or the brake may run vertically, rather than horizontally. With more severe impacts, the bone may actually splinter or shatter into multiple pieces, thus making it even more difficult to repair. Depending on the type of injury suffered, treatment for broken bones may include the following:

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