The weather here in the San Jose area means that motorcycle enthusiasts get to enjoy riding for most of the year. For those riders that prefer the warmer weather, May’s arrival is the sign that it is time to get your bike out of storage and on the roads. Unfortunately, as enjoyable as riding a motorcycle is, it can also be one of the most dangerous, resulting in about 500 motorcycle accident deaths in California every year. Another 12,000 are injured. In order to remind everyone on the roads to watch out for motorcycles, the California Highway Patrol (CHP) has announced it is recognizing May as Motorcycle Safety Awareness Month.

May is designated as Motorcycle Safety Awareness Month across the country as a way to encourage motorists’ awareness, and to educate the public on safety. The goal of the campaign is to reduce the number of motorcycle crashes and save lives.

One of the most anxiety-inducing experiences a driver can have is seeing the blue lights flashing behind them, signaling them to pull over. Even a person who is innocent of any wrongdoing can become very nervous and worried that they are in trouble. Unfortunately, for some drivers, being pulled over by a police officer does lead to criminal charges. One of the most common types of cases we handle at our Santa Clara County criminal defense law firm is drug crime cases that resulted from a traffic stop.

Probable Cause

It is important to keep in mind, however, that in order for a police officer to stop and question a driver, they must have probable cause to do so. In the United States, law enforcement is not allowed to just randomly pull vehicles over without a legitimate reason to do so. Something the driver did, or the vehicle needs to have repaired, alerted the officer that there is some kind of violation or crime being committed.

Some of the most common reasons that police officers cite as the reason they stopped a driver who they ultimately charged with a drug offense include:

While any accident injury can have an impact on a victim’s quality of life, brain injuries are especially troubling. Even a minor brain injury can result in long-term effects. This is referred to as Post-Concussion Syndrome (PCS) in which the victim suffers symptoms for months following the injury. A recent study has found that women, in particular, may be more susceptible to PCS.  

What Is a Concussion?

A concussion occurs when there is any kind of impact or sudden movement to the head that causes the brain to move or shake inside the skull, causing damage to brain tissue. The most common causes of concussions include car accidents, slip, and fall injuries, and sporting accidents.

If you or a loved one is ever stopped for a traffic violation and suspected of drug possession or any other criminal offense, you will have several opportunities to make it either easier or harder for the police and prosecutors to arrest and convict you of such crimes. Here are some tips to protect yourself against common police tactics related to vehicle searches, which are purposely employed to intimidate, mislead, or lure you into self-incrimination. 

If Police Ask to Search Your Car, You Can Refuse 

If you are stopped on a traffic violation, that does not give the police an automatic right to search your car. Say you have been pulled over for speeding. After approaching your car window and scanning the interior of your car, the officer suspects you might have been consuming alcohol or marijuana while driving. But the officer sees nothing in plain sight that confirms his or her suspicion. 

Drunk driving is a serious and pervasive issue in the United States. In fact, the Centers for Disease Control and Prevention (CDC) estimates that as many as 28 people are killed in drunk driving accidents per day. That is approximately one death every 53 minutes. Thousands more are seriously or permanently injured by a drunk driver. Ridesharing services such as Uber and Lyft claim to have made an impact, but have they really? Or are they simply contributing to more accidents? The following explores both sides and provides important information for car crash victims.

Studies on Rideshares and DUIs Have Mixed Results

While numerous studies on the potential benefits (or lack of benefits) of rideshare programs have been done, they continue to come up with mixed results. Some indicate that rideshare programs have not had a significant impact on the number of drunk driving accidents. These studies posture that it is only those who might have otherwise taken a taxi or bus who are using the popular non-driving option—not those who would have otherwise driven intoxicated. Others have determined that drunk driving accidents—especially at night—have declined since the inception of rideshare programs.

While California is known for having more relaxed drug laws than many other states, there are still numerous criminal charges that can be brought against those accused of possessing or selling drugs in California. Being found in possession of illegal drugs like cocaine, LSD, methamphetamine, or heroin can lead to heavy penalties and jail time.

If a large quantity of drugs were allegedly found in your property or otherwise in your possession, you may be charged with “possession for sale of a controlled substance.” If you are charged with this crime, it means that law enforcement and prosecutors believe that you intend to sell the drugs allegedly in your possession. The penalties associated with possession for sale are much harsher than those that apply to simple possession charges. If you have been charged with possession for sale, it is critical that you speak with a qualified criminal defense attorney right away.

Motorcycles are the epitome of American freedom, but they can also place riders at risk for catastrophic injuries. This danger is why there is an entire month dedicated to motorcycle safety, and why there are commercials and public service announcements that warn other drivers to “look twice.” Unfortunately, far too many drivers still fail to “see” two-wheeled vehicles. Learn more about the most common motorcycle crash injuries and what compensation you might be eligible for as a motorcycle accident victim with help from the following information.

Traumatic Brain Injuries

A traumatic brain injury (TBI) is caused by a sudden jolt or blow to the head. Either can occur even if the motorcycle rider is wearing a helmet. Yes, a helmet does reduce the risk, but it does not eliminate it completely. Symptoms of this type of injury can include persistent headaches, confusion, memory loss, difficulty sleeping, loss of consciousness, nausea or vomiting, slurred speech, agitation, dilation of one or both pupils, or clear fluids draining from the ears or mouth. Complications may include seizures, coma, permanent or temporary disability, and death.

Injuries can happen anywhere. Sometimes, they are simply accidents with no real traceable cause. However, a defective staircase, cracked sidewalk, falling object, wet or sticky floor, lack of security, or improper restraint of an animal is, most often, a case of premises liability. 

What you do in the days, weeks, and even months after such an incident can determine whether or not you receive fair compensation for any injuries you may have sustained. The following steps will guide you, regardless of whether the incident occurred at another person’s home, a government-owned property, public place, or business.

When you are accused of a crime, it can seem like you have no control over your situation. The criminal justice system and the process can be confusing, and it can sometimes feel like a waiting game when you are in the middle of criminal proceedings. While you might have limited control over your situation when you are accused of a crime, there are certain rights that you do have. The United States Constitution guarantees specific rights to each and every U.S. citizen if they are ever accused of a crime. These rights were granted to citizens to ensure that each person has the same chance of a fair trial. It is important to understand your rights if you are facing any type of criminal charge in California. 

The Presumption of Innocence

When you are accused of a crime, you are presumed to be innocent. In California, the burden is on the state to prove that you are guilty of the crime for which you have been charged. This is where the widely known phrase “innocent until proven guilty” comes from. Going along with your right to presumed innocence, the prosecution must prove you are guilty beyond a reasonable doubt, which was put into place to try to prevent people from being incriminated on insufficient evidence.

Being involved in any type of car accident is a traumatic ordeal, but when you are hit by an uninsured motorist, the situation becomes even more concerning. In addition to substantial property damage, automobile collisions can also cause severe physical damage including traumatic brain injuries (TBI), head and neck injuries, whiplash, broken bones, internal organ damage, skin burns, and more. These injuries often require expensive medical treatment including surgery and long-term physical therapy. 

When a motorist is involved in a car accident and the responsible party does not have auto insurance, the damaged individual may assume that there is no way to recover compensation for his or her losses. Fortunately, there are several avenues that may help you collect compensation for damages caused in an uninsured motorist car accident.

Abuse is something that no one should have to experience. It can leave lasting damage, physically, mentally, and emotionally. According to the National Domestic Violence Hotline, approximately 24 people per minute are victims of physical violence, rape, or stalking by an intimate partner in the United States. That equates to more than 12 million men and women over a year’s time. The term “domestic abuse” sounds physical, but it actually encompasses a number of different actions or behaviors. In other words, if you have engaged in any of the following forms of abuse, you could face criminal charges related to domestic abuse.

Different Forms of Abuse

There are various forms of abuse that can lead to criminal charges, even if no physical altercations occurred. Before understanding which actions can lead to charges, one should know the different types of abuse, aside from physical abuse, to identify toxic behavior:

In the current landscape of automotive safety, millions of cars, pickup trucks, and other passenger vehicles are recalled by their manufacturers each year, often under pressure from government regulators. The motive, as one might imagine, is to reduce the number of defective or hazardous vehicles on the road, thereby reducing the number of resulting accidents, and increasing the safety of drivers, passengers, and pedestrians. However, researchers at Virginia Tech may have found another method for increasing roadway safety and the prevention of dangerous traffic accidents: data mining online forums for possible vehicle defects.

Looking for Clues

Alan Abrahams, an associate professor of business information technology at Virginia Tech, along with Patrick Fan and Alan Wang, examined the data mining process as a potential source for early warnings related to defective auto parts or vehicles. The team identified “smoke words” often used in relation to automotive defects or safety concerns and scrutinized online discussion forums related to high-volume automakers.

If you or someone you love has been arrested on charges of possessing a controlled substance in California, it may feel as though you have very few options. After all, you have been arrested, and the police found evidence of drugs—what more really needs to be said? In such a case, it is easy for you to believe that your entire future is about to come crashing down. Of course, being arrested for illegal drug possession is a very serious matter, but there is a good chance that things are not quite as bad as they seem. With the help of a qualified criminal defense attorney, you may even be able to find a resolution that limits the damage to your reputation.

The Burden of Proof in California Drug Cases

In any criminal proceeding, it is up to the prosecution to prove beyond a reasonable doubt that you are guilty of the offense for which you have been charged. When it comes to the possession of an illegal drug, prosecutors in California must prove several separate elements, including:

Dogs are often referred to as man’s best friend, but in some situations, they can be aggressive and attack. Being bitten by a dog can be a traumatizing experience. It can also lead to permanent disfigurement, lost time at work, and expensive medical bills. Thankfully, victims do have the right to pursue compensation for their losses and injuries. Learn more about the dog bite injury laws in California, including why it is important to seek assistance with your personal injury claim.

Dog Bite Law Overview

Dog bite injuries in California are covered under Civil Code Section 3342. It states that a dog’s owner can be held liable for injuries sustained by victims. However, there are few important stipulations that must be taken into consideration before pursuing a claim under this particular law. These include:

Getting into a car accident can have devastating consequences for anyone riding in the vehicles involved. According to estimates from the National Highway Traffic Safety Administration (NHTSA), more than 36,000 people are killed in car accidents in the United States each year, and some 4 million more are injured enough to seek emergency medical treatment. Whenever a person gets into a car, he or she is taking a risk. Drivers can lessen the risk of an accident by taking steps to avoid some of the behaviors that are known to cause traffic crashes. There are many things that can trigger a car accident, but some causes are much more common than others.

Distracted Driving

Distracted driving has become a more serious problem every year. Having the world at our fingertips on a cell phone has made it more tempting than ever to take your eyes away from the road. The National Safety Council (NSC) reports that 1.6 million crashes each year are caused by drivers who are distracted by their cell phones. In fact, cell phones are so dangerous that more than one in four crashes involve a driver using his or her phone. Other distractions such as passenger conversations, eating, drinking, putting on makeup, or brushing hair create additional dangers.

California law treats domestic violence very seriously, and in fact, the state has designated a special Spousal Abuser Prosecution Program that provides funding and assistance for prosecuting attorneys in criminal spousal abuse cases. If you have been accused of any crime involving domestic violence, you may face severe consequences. An experienced criminal defense attorney can help you understand the penalties that may result from a conviction, and provide a strong defense that can result in dismissed or reduced charges.

Possible Penalties for Domestic Abuse in California

In California, domestic violence charges involving a spouse or domestic partner often fall under one of two categories: domestic battery and corporal injury to a spouse or cohabitant.

1. Domestic battery is defined as the willful or unlawful use of force or violence on a spouse or domestic partner. It is considered a criminal misdemeanor offense that may result in fines of up to $2,000 and imprisonment of up to one year. In some cases, the court may order probation in place of other penalties, in which case the offender may be ordered to complete a batterer’s treatment program, make payments to a battered women’s shelter, and cover the victim’s costs of counseling and other reasonable expenses as a result of the abuse.

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According to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness, which can vary in the degree of severity, ranging from mild to moderate to severe. Mental illness is a factor in many criminal cases, and the State of California recognizes that mental health assistance may often be a more effective response than incarceration for those facing charges. Under California law, many criminal defendants are eligible for a pretrial mental health diversion program that allows them to get the treatment they need to manage their mental illness.

Who Is Eligible for Mental Health Assistance in California?

Mental health assistance may be available to defendants facing a variety of misdemeanor and felony charges, with the exception of some offenses including murder, rape, and sexual abuse. To be considered, defendants must have a diagnosed mental disorder that significantly contributed to the crime of which they are accused, and a mental health expert must attest that the defendant is a good candidate for treatment.

If you have ever been in an accident, you understand how the incident can feel like a blur. Car accidents are unpredictable, unexpected, and over in a matter of minutes. Despite the timeline of the incident itself, the accident’s effects can be long-lasting. One or both drivers can end up with a severely damaged vehicle, costly medical bills, and time off work to properly recover from injuries. Additionally, many drivers can suffer from low levels of post-traumatic stress disorder (PTSD) or have an ongoing fear of driving. In order to make up for these financially and emotionally taxing results, the reason behind the accident will be investigated to hold the at-fault, or negligent, party accountable for his or her reckless actions.

Insurance Policies

The state of California requires all of its drivers to have car insurance coverage in case incidents such as these happen. California is known as an “at-fault” state, meaning the driver who caused the accident will cover the other driver’s injury and property damage claims. So, if a motorist hits another car, his or her auto insurance will be used to help pay for the damaged car’s repairs. In order for this to happen properly, the police will determine who is at fault and the victim must file a claim with the at-fault driver’s insurance company. However, car accidents do not always have a single guilty party.

Marijuana and cannabis remain borderline drugs as some states allow for their use in all forms while other states ban the substances altogether. California is known as one of the first states to decriminalize marijuana use, allowing Californians to legally purchase marijuana and cannabis and use it under their own discretion. Legalizing these controlled substances were also meant to eliminate the dangerous, black market sales that occur and make the products safer through regulation. Those interested in joining the cannabis business must obtain a license to legally produce and sell the products. Without such a license, California business owners and their employees can face criminal drug charges for their work.

Understanding the Substances

Many assume that cannabis, marijuana, and hemp are all the same substance, using the names interchangeably. In order to avoid confusion in legal cases, U.S. law outlines how these three substances are classified. Cannabis is a plant that makes up marijuana and hemp. Marijuana is made up of cannabis leaves while hemp is made from the plant’s seeds, stems, stalks, and roots. Marijuana is the more potent substance that derives from cannabis, with greater than 0.3 percent tetrahydrocannabinol (THC), which creates the “high” effect that people get when using marijuana. Hemp, on the other hand, has less 0.3 percent THC concentration, creating a relaxed, calm feeling rather than the high of marijuana. 

You have likely heard the phrase “stalking” used when talking about looking at someone’s social media profile in detail. Perhaps you looked at all of their recent photos or glanced at who they follow. While this is jokingly labeled as social media stalking, these actions can quickly become a crime in California. The digital age has made it easier than ever before for stalking and harassment to occur, either physically or digitally. Stalking requires habitual patterns of following, pursuing, or harassing another person, causing the victim to fear physical harm or mental distress at their hands. Before any crimes can be convicted, this form of harassment must happen, closely together, on two or more occasions.

Behaviors Classified as Stalking

If you are facing stalking accusations, you may be wondering which actions of yours fall under this category. Some stalking behaviors are fairly evident in a domestic violence situation while others may be socially normalized with the high use of social media. The following are acts of stalking that may lead to criminal charges: