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.

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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.

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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:

Property crimes generally refer to criminal offenses in which an alleged offender steals, destroys, or otherwise violates another party’s property rights. A conviction for a property crime in California can result in serious criminal penalties. While many property crimes may be misdemeanor offenses, several others can result in felony criminal charges. If you are facing property crime charges in California, seek the help of a San Jose, CA property crimes defense attorney.

Types of Property Crimes in Santa Clara County

The most common kinds of property crimes in California usually include:

• Burglary — Under California Penal Code § 459, an alleged offender who enters another party’s property with intent to commit grand or petit larceny or any felony commits burglary. First-degree burglary involves burglary of residential structures while second-degree burglary crimes involve other types of structures. Convictions are punishable by up to six years in prison.

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The stereotypical image that may come to mind when you hear “domestic violence” is of a man physically attacking a female romantic partner. While this form of domestic violence is fairly common, it is far from the only situation in which domestic battery may be charged. People of any gender may be charged with domestic battery, and the victim need not be a current romantic partner. Regardless of the specific set of circumstances leading up to a domestic battery arrest, the charge remains heavily stigmatized.

The collateral consequences associated with a domestic battery conviction may even be worse than the judicial consequences. You may face struggles similar to those a felon may face in finding a good job, securing educational opportunities, or even finding housing that is acceptable to you. If you have been accused of domestic violence, it is important to take the situation very seriously and find a skilled criminal defense lawyer. 

Domestic Violence Charges Are Based on the Victim’s Identity

Generally, the only difference between a simple assault charge and a more serious domestic violence charge is the victim’s relationship to you. You may be charged with domestic violence if the victim was your: 

If you are eligible for PC 1000, a pretrial diversion program for those with minor drug charges, it may provide an opportunity for you to keep your criminal record clean. For those who qualify, it may prove invaluable. If you successfully complete this diversion program, your charges will be dismissed. You will not have a conviction. To succeed in this program, you must commit to certain requirements, like seeking substance abuse treatment and staying clean and sober. There are also requirements for entering these programs. They are designed for people who use and possessed drugs and may benefit from treatment, not manufacturers or distributors.

For many eligible individuals, but not all, this will be their first interaction with the criminal justice system. If you believe that you are eligible for this drug diversion program, your attorney will likely advise you to take advantage of it in most situations. 

Four Conditions for Acceptance into PC 1000 Diversion

Four conditions that must be met in order to be accepted into the program relate to: 

California's temperate weather and rich culture make it a perfect place to explore on bicycle. Unfortunately, motor vehicle accidents involving bicyclists are not uncommon.  If you have been injured in a bicycle accident, you may be wondering who is at fault and whether you can recover compensation for your injuries. The answer to these questions depends on the specific facts of your case. In general, California law follows the "fault" system when it comes to car accidents. This means that the person who caused the accident is typically responsible for paying for any damages that result. However, liability for bicycle accidents is rarely straightforward. 

Is a Motor Vehicle Driver Legally Responsible for a Bicycle Accident?

A motorist's liability for a car-on-bicycle crash depends on the circumstances of the accident. If the driver was speeding, texting, driving while intoxicated, failed to yield, or was otherwise driving in a negligent manner, and this led to the accident, then the driver may be held liable. The at-fault driver's auto insurance company may be required to pay for the bicyclist's medical bills, property damage, and other damages. 

Bicyclists are required to follow the same laws as the drivers of motor vehicles. They must stop at red lights, ride in the same direction as motor vehicles,  use bike lanes when available, and stay to the far right side of the road. If the bicyclist was in violation of these laws at the time of the accident, then the driver of the motor vehicle may not be legally responsible for the crash. For example, if the bicyclist was riding on the wrong side of the road or ran a red light, and this led to the accident, then the driver of the motor vehicle may not be required to pay for medical bills or other damages. 

Mental illnesses affect millions of people across the country.  Unfortunately, some people with mental illnesses end up facing criminal charges. 

In California, mental health assistance and diversion programs that focus on treatment and rehabilitation instead of punishment are available to people with mental health issues. These programs help people get the treatment and mental health care they need. 

Pretrial Diversion Programs for People with Mental Health Problems

A pretrial diversion program is an alternative to traditional prosecution and sentencing. In a pretrial diversion program, the defendant agrees to participate in treatment and other services for a set period of time. If the defendant completes the program successfully, the charges against them may be dismissed. The arrest record is eventually sealed and not accessible to the public. 

After any serious California car accident, insurance companies have to get involved to determine the extent of the damage and to find out their client’s liability. While this is an important part of the post-accident process, for victims who have been injured in car accidents, dealing with insurance adjusters is just one more headache to handle. Worse, the insurance adjusters representing the party responsible for the accident are not acting for the benefit of the injured party; instead, they are trying to help their company get away with paying the minimum amount possible in a settlement offer. If you have been injured in a San Jose car accident, get help right away from a personal injury attorney who can provide legal advice as you navigate insurance companies, pursue compensation for your injuries, and more. 

Can My Lawyer Talk to an Insurance Adjuster For Me? 

While insurance adjusters may not be looking out for your best interests, they do have an important job. They are required to assess the extent of the damage to their client’s vehicle, their client’s health, your health, your vehicle’s damage, and any other damage that was done in the accident. To do this, they need to do some investigating, which includes gathering facts from their client, you, and any witnesses who saw the accident happen. 

However, this does not mean that you personally need to talk to the insurance adjuster, and it may be better if you do not. If you already have an attorney representing you when the insurance company starts contacting you, you can have your attorney talk to them instead. This offers several benefits, including: 

Many good kids have gotten caught in the vicious cogs of the California juvenile detention system. While the ostensible purpose behind juvenile punishment is to help kids learn a lesson for making poor choices, the outcome is often more criminality and recidivism. Fortunately, there are often options available that do not result in criminal charges. An attorney can help you explore potential juvenile diversion options and work to ensure your child is not formally charged with a crime. 

What Juvenile Diversion Programs Are Available in Santa Clara County? 

Once a minor has been charged with a crime, several options besides prosecution may be available depending on the type of crime a minor is charged with. These include: 

• Probation Informal Supervision (POIS) - POIS allows a minor to be informally supervised for six months by the Juvenile Probation Department without formally admitting the charge in court. If the minor completes the requirements of the information POIS, their case is dismissed. 

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