Burglary is a serious crime in the state of California. This offense, which is also known as “breaking and entering,” involves unlawfully entering someone's property with the intent to commit theft or any other felony. If you are charged and convicted of burglary, you may face severe penalties, including jail time, fines, and a permanent criminal record. Understanding these penalties is crucial if you are currently facing burglary charges, and by working with an experienced attorney, you can determine your best options for defense.

Types of Burglary Charges

In California, there are two types of burglary: first-degree burglary and second-degree burglary. The penalties for burglary will depend on factors such as the location of the alleged offense and a person’s criminal history.

• First-Degree Burglary: This form of burglary involves breaking into an inhabited dwelling like a house or apartment where people are present. This is considered a more serious offense due to the possibility of harm to people in a building.

  ...

Bicycle accidents can result in serious injuries, some even fatal, leaving victims and their families struggling with physical, emotional, and financial hardships. When involved in a bicycle accident, the process of seeking compensation for damages and holding the responsible party accountable can be complex and challenging. One of the most critical elements in building a solid case is gathering evidence.

What Evidence Can Help With My Case?

Collecting and preserving evidence is vital in bicycle accident cases. Evidence may include witness statements, accident scene photos, video footage, and medical records. Timely preservation of evidence can be crucial in proving liability. In a legal case, the strength of your evidence can significantly impact the outcome. The evidence you gather should be relevant, credible, and persuasive and an attorney can help you do this.

Eyewitness testimonies from people who saw the incident or were present at the time can provide critical firsthand accounts of what happened. Visual evidence, such as photos and videos of the accident scene, injuries, property damage, or the events leading up to the incident, can be compelling.

The emergence of electric scooters has transformed the urban landscape in California, becoming a popular mode of transportation for many commuters and tourists. However, as their popularity grows, so does the concern over e-scooter accidents and the complexities of determining liability in such cases.

Who is Responsible?

E-scooter accidents often involve shared responsibility between multiple parties. The rider, pedestrians, other motorists, and even e-scooter companies may all play a role in contributing to an accident. Determining each party's level of responsibility is crucial in establishing liability.

Negligence is a central concept in personal injury cases, including e-scooter accidents. The injured party must present evidence that the at-fault party owed a duty of care and breached that duty, causing the accident due to their negligence. An at-fault example would be if a rider fails to follow traffic rules resulting in a collision with a pedestrian. They might then be deemed negligent.

Emotional distress is one of the common damages that personal injury victims will receive. However, you usually cannot file a lawsuit solely for emotional distress. In fact, most emotional distress cases are part of a larger physical injury someone suffers. But there are rare cases when someone may be able to file a lawsuit solely for emotional distress and if you contact Fuller Law Firm, we can tell you more about your case. 

Direct Impact Rule

The usual rule in California personal injury cases is that a victim needs to have suffered some direct physical damage to file an emotional distress claim. This is called the “direct victim” rule. However, there are times when a victim is uninjured physically, but they have suffered emotional distress because of the impact of a particular incident. For example, in a real case, a woman whose child was severely injured during a c-section delivery successfully sued her doctor for negligently inflicted emotional distress, despite the fact that she herself was not harmed. 

The Bystander Rule for Emotional Distress Lawsuits

There is a very limited exception that allows some people to file an emotional distress lawsuit based solely on something they witnessed. In order to file a bystander lawsuit, the following would need to apply to you:

Slip and fall cases can be difficult to win. Insurance companies take a very cautious approach to these claims because they see so many of them. They will often be suspicious of your claim, even when you have evidence that backs up your story. Here are three reasons why you need a lawyer in your slip and fall case.

You Need Evidence to Prove Your Case

To win a slip and fall case, you must prove that the property owner was negligent. Negligence means that the property owner either created the dangerous conditions themselves, or they failed to take action within a reasonable amount of time after they knew or should have known of the danger. The insurance company is not going to take your word for it when you claim that their policyholder caused your injuries. You must have evidence that backs up your claim, whether it is physical evidence or witness testimony. The other party will likely have evidence to dispute your claim, and an attorney can help you cast doubt on this evidence. 

The Insurance Company Is Going to Minimize Your Injuries

The insurance company is likely going to claim that the incident did not happen,that any injuries sustained are not as serious as you claim, or that it happened exclusively because of your own actions. Yet they know full well that falls can be very serious. Common slip-and-fall injuries include: 

In order to make an arrest or conduct a search, police need to have probable cause to believe that a crime has been committed. However, before an officer can stop someone and conduct a brief search of their person or the immediate area surrounding the suspect, they need to have a reasonable suspicion that the person has committed a crime. The latter is a lower standard than the former. If you have been arrested based on this type of search, a criminal law attorney can review the circumstances of your case to help you determine whether the police had the legal right to stop and search you.

“Reasonable Suspicion” Is a Judge-Made Doctrine

You will not find any mention of the term “reasonable suspicion” in the United States Constitution. Like many aspects of criminal law (such as the “Miranda” warning that informs a person of their right to remain silent and their right to be represented by an attorney), reasonable suspicion finds its origin in a United States Supreme Court decision. In the case of Terry v. Ohio, the Supreme Court held that police could briefly detain a defendant and conduct a limited search if they had a reasonable suspicion of a crime. The Supreme Court said that this standard is “more than a hunch.” Based on this ruling, police routinely conduct “Terry stops,” which are also known as “stop and frisk.”

Terry Stops Are Often Used as a Pretext

Even though police do not necessarily have to meet a high standard, they often overstep their bounds during a Terry stop. Police may conduct an overbroad search. For example, they may search the trunk of a person’s car without probable cause, when all they are allowed to do is search the immediate area around the suspect to see if the person is armed. Stop and frisks are often conducted after profiling a suspect, but if these stops were based on factors such as a person’s race or appearance rather than a reasonable suspicion of a crime, they may be considered illegal.

Sadly, more than 50% of dog bite victims are children. They also tend to suffer the most serious injuries since dogs can attack them on their head, face, and neck. If your child has been injured in a dog attack, consider contacting a personal injury attorney for help. Your lawyer can help you file a dog bite injury claim against the dog’s owner to hold them responsible for your child’s injuries. You may be able to receive compensation for your child’s medical bills, pain and suffering, and other damages. 

Dogs can get very anxious. Oftentimes, it is their anxiety that causes them to bite. Small children may make sudden and unpredictable movements that can frighten a dog. Even if the child is not the cause of the dog’s anxiety, they may be the one who is around and on the dog’s level when the animal bites out of distress.

Not only do dogs like to guard what they feel is their own space, but they also do not like others approaching their food. The child may not know that and could get too close to the dog’s food. Unfortunately, dog bites can leave lasting physical and mental scars. 

Having a criminal record can have far-reaching consequences that can seriously impact various aspects of a person's life. Whether the offense is minor or major, the repercussions can be significant and long-lasting. If you have been arrested and charged with a crime, it is important to both your freedom and your future to have a skilled criminal defense attorney advocating for you and ensuring your rights are protected. The following are some ways a criminal record can interfere with your future.

Employment

A criminal record can severely limit employment opportunities. Many employers conduct background checks, and having a criminal record can be a red flag that raises concerns about an individual's trustworthiness, reliability, and suitability for certain positions. This can result in difficulty in finding gainful employment and could lead to financial instability.

Housing

Having a criminal record can also affect housing prospects. Many landlords now conduct background checks on prospective tenants, and having a criminal record can make it challenging to secure a rental property. This can lead to housing discrimination and limited housing options, potentially forcing individuals with a criminal background into unstable or undesirable living situations.

May is Motorcycle Safety Awareness Month. Each year, all motorists – both motorcyclists and other vehicle drivers – are reminded how critical safe driving and safe riding practices are in preventing motorcycle injuries and fatalities. Unfortunately, the number of people injured and killed in motorcycle crashes continues to increase each year.

Due to the lack of protection for those who ride motorcycles, people who are in motorcycle accidents often suffer serious to severe injuries. Those who are injured are entitled to pursue legal action against the party responsible for the accident and the resulting injuries.

Head Injuries

Head and brain injuries are a significant concern for motorcycle riders. In the event of a crash, riders are at risk of hitting their head on the pavement or another object. Riders should always wear a DOT-approved helmet. However, even if a rider is wearing a helmet, they can still suffer from a concussion or other head injury. These injuries can be particularly dangerous, as they can lead to long-term damage and even death.

Over the past decade or so, there has been a significant change in how the criminal justice system handles those defendants who are charged with low-level drug crimes. Whereas defendants would often face jail time for these offenses, prosecutors and judges now look at those who commit these crimes with less of a punitive stance and instead focus on sentencing that focuses on substance abuse treatment.

These drug diversion programs are a vital component of the state's efforts to reduce drug-related crimes and provide treatment to individuals struggling with addiction, with the goal of helping the individual overcome their addiction so they will not find themselves dealing with drug-related offenses in the future. The following are the three types of programs that the California courts provide.

Pretrial Diverson Program

Pretrial diversion programs are those offered to defendants who have been charged with a drug-related offense but have not yet gone to trial or been convicted. The goal of this program is to provide participants with access to treatment and support services that can help them overcome addiction and avoid further arrests and convictions.

The state of California has some of the best areas for motorcycle riding in the country, including the Angeles Crest Highway, Joshua Tree National Park, and the Pacific Coast Highway One. It is estimated that more than 800,000 people own motorcycles in the state of California. Motorcyclist enthusiasts come from all walks of life – young, old, male, female, white-collar workers, blue-collar workers, etc. Unfortunately, as popular as riding is, it is also one of the most dangerous forms of transportation. Many people who are involved in motorcycle accidents suffer catastrophic injuries and fatalities are high.

Most Common Types of Motorcycle Accidents

There are a number of factors that contribute to a crash, such as driver negligence or recklessness, defective motorcycle part, and weather and road conditions. These factors can lead to:

• Intersection accidents – One of the most common locations for motorcycle accidents are intersections, and many of these crashes are caused by vehicle drivers attempting to take a left-hand turn, cutting in front of the motorcycle that is traveling in the other direction and has the right of way.

  ...

Many people are under the impression that shoplifting is a minor crime that young teens engage in as a dare from friends. Still, the legal reality is that in California, shoplifting is looked at as a serious crime. In fact, a conviction can result in jail time for the accused, depending on the circumstances of the allegations and if they have a prior criminal history. The following is a brief overview of the crime. For more detailed information if you have been arrested, contact Fuller Law Firm for legal assistance.

Shoplifting Statistics

Data provided by the National Association for Shoplifting Prevention (NASP) reveal just how prevalent shoplifting actually is:

• There are approximately 27 million people in the United States who shoplift. This comes out to 1 out of every 11 people. Approximately 75 percent of these shoplifters are adults.

  ...

While San Jose has a reputation for having some of the best areas for cycling – including the Hicks Road Loop, Coyote Creek Trail Loop, and the Guadalupe River Trail – it also has the reputation of being one of the worst areas when it comes to bike accidents.

San Jose Bike Accident Stats

According to statewide data, between 2011 through 2021, there were 2,803 bike accidents in San Jose. There were 38 people killed in these accidents and more than 2,700 people suffered injuries. San Jose had the most number of bike accidents out of all cities in the Silicon Valley area during that time frame.

Bike accident statistics during this 10-year period also revealed that the second most dangerous areas in Silicon Valley are downtown San Jose and in the area around San Jose University. This area had just under 100 bike accidents, resulting in one death and 92 people injured.

If you have never suffered a whiplash injury, you may be under the impression it is just a minor injury. However, whiplash can be a painful and complex injury, causing a variety of symptoms that leave the person who suffered the injury dealing with chronic pain and even neurological issues.

How Does Whiplash Occur

A whiplash injury can happen when there is a violent jerking of the neck, similar to the cracking of a whip. This jerking motion can damage ligaments, soft tissue, and even bones that are around the neck and upper back. Whiplash is typically diagnosed after the physician has run a series of imaging tests (X-rays, MRIs, and CAT scans) that rule out other injuries.

One of the most common causes of whiplash is vehicle accidents, however, any type of accident that causes whipping of the neck can result in damage.

One of the most stressful experiences a person can have is looking in the rearview mirror and realizing those blue flashing lights and that siren is meant for them. Any interaction with the police can be intimidating, even if you have done nothing wrong. If you find yourself in this position, there are important things you should remember in order to help prevent the event from escalating.

Just Breathe

It is entirely normal to become nervous when you are pulled over, even if you have done nothing wrong. But if you are acting nervous, the officer may suspect that you have indeed done something wrong and request to search your vehicle. This type of situation can quickly turn into criminal charges or even worse.

Your Rights

Regardless of why the officer pulled you over, you do have constitutional rights that protect you. You do have to identify yourself when asked by the officer, however, you do not have to agree to a search of your vehicle. If they continue to ask questions or they arrest you, make sure to tell the officer you want to speak with an attorney. At this point, the officer is not allowed to ask any more questions.

Being convicted of any crime can have serious ramifications, but being convicted of a federal crime carries a heavy burden. One of the most inequitable areas of federal convictions revolves around federal marijuana-related offenses, especially given the changes the state of California has made regarding marijuana.

There is good news, however, for those with federal convictions in the form of a new initiative signed by President Biden in October 2022. This initiative will provide clemency for certain offenders to have their records expunged of their crimes and receive a presidential pardon.

The Federal Marijuana Pardon

As part of the Biden administration’s commitment to addressing the disproportionate impact that enforcement of cannabis laws has had on communities of color, the president introduced a three-step plan for pardoning federal convictions:

January 1st is not only the date many people choose to set resolutions, but it is also the date the state of California chooses as the effective date for many of the new laws that state lawmakers passed over the past several months. This year is no different. Included in the dozens of new state statutes are some key criminal laws that California citizens should be aware of. The following is a brief overview of those laws.

Alternatives to Incarceration

Under AB 2167, when an individual has been convicted of a crime, the courts are now required to consider other alternatives other than jail or prison as punishment. Lawmakers included wording in the statute that specifies their intent that the disposition of every criminal case in the state concludes with the least restrictive sentence possible. The goal is to reduce the number of people incarcerated in order to achieve better results when it comes to recidivism rates, reducing racial disparities, and better economic outcomes for those involved.

Some of the sentencing options that may be available are:

Although the media is often filled with stories about incidents where law enforcement overstepped their legal authority, there are laws in place to protect citizens when those misuse of powers occurs, especially if the citizen is charged with a crime as a result. One of the most important protections we have is the Fourth Amendment. This amendment protects from “unreasonable” searches by police. Read on to find out how this critical law can make a difference in your criminal case.

Obtaining a Warrant

The Fourth Amendment grants the right to citizens “to be secure in their persons, house, papers, and effects.” It protects against unreasonable search and seizures by police, meaning that an officer must have a warrant in order to perform a search. A warrant is a legal document issued by a judge that gives police the right to search, however, police are required to show probable cause why they think the search is necessary for obtaining evidence of a crime.

The police must also be very specific as to what areas they need to search – the warrant does not give police blanket permission to search anywhere – and what evidence they are looking for.

California will soon be the first state in the nation that will automatically seal the majority of criminal records for those defendants who complete their sentences and avoid any future convictions. The new law is an extension of an earlier “Clean Slate” law that California passed in 2019 with the purpose of eliminating the criminal record roadblocks that many previously incarcerated people have in obtaining housing, jobs, education, and more.

Criminal Records Relief

It is often difficult for ex-offenders to successfully re-enter society with their criminal records hanging over their heads. In California, criminal record screenings are conducted by 80 percent of landlords, 90 percent of employers, and 60 percent of colleges and universities.

People throughout California engage in a variety of business-related activities, so it is not uncommon for some individuals to occasionally face fraud accusations for certain actions they take. The commission of a fraud crime typically requires an alleged offender to obtain some kind of benefit to which they are not entitled and cause harm to an alleged victim.

The California Employment Development Department (EDD) actively encourages people to report fraud, and any person who is facing fraud allegations will want to be certain they retain legal counsel as soon as possible.

Frequently Committed Fraud Offenses in Santa Clara County

The term fraud includes a wide variety of criminal offenses. Some of the most common fraud crimes in California include, but are not limited to: