Fuller Law Firm
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408-234-7563
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408-234-7563
Property owners, businesses, and other responsible parties are legally obligated to keep their premises safe for customers, employees, and invited guests. This obligation holds true for restaurants, bars, nightclubs, retail stores, offices, public parks, apartment complexes, and a multitude of other properties.
If you are injured because the responsible party did not meet this requirement, you may be able to obtain compensation through a premises liability claim, even if your injury is the result of an assault or attack due to negligent security. Contact Fuller Law Firm to speak with a dedicated personal injury lawyer who can help you hold all liable parties accountable.
Under California’s premises liability laws, various parties who are responsible for a property have to use reasonable care to minimize the risks of injury to people who are on their premises. This duty to protect others may differ depending on the kind of business or property; for example, this obligation typically does not extend to trespassers.
Despite the recent appearance of a street sign in California mocking the state’s retail theft laws, being charged with this offense is no joke. The sign appeared in late June outside a Louis Vuitton store in downtown San Francisco, reading "NOTICE: Stolen goods must remain under $950." The sign refers to Proposition 47, which California voters approved in 2014, which made any retail theft under $950 a misdemeanor offense. Some other criminal offenses were also downgraded to misdemeanors under Proposition 47, including bad check writing, petty theft with priors, certain forgeries, commercial burglaries, and possession of stolen property (so long as they were under the $950 threshold).
The law also changed some simple drug possessions into misdemeanors and provided that past convictions for these charges could be reduced to a misdemeanor by a court. Critics of the law say it has contributed to a surge in smash-and-grab robberies across the state. Some of Proposition 47’s provisions will be on the ballot in November in an attempt to roll them back. If you have been charged with a theft crime, it is essential that you speak to a San Jose theft lawyer who can build a solid defense on your behalf.
When someone is arrested for corporal injury to a spouse or cohabitant, one of the first things that happens is that an Order of Protection is automatically issued. A criminal Order of Protection requires the accused offender to stay away from and refrain from contacting the victim. If you and the alleged domestic violence victim lived together, this usually means that you cannot return to your home. This can leave you in an extremely difficult position. Before you are released from jail on bond, you will need to tell the court where you will be staying, and that cannot be your home address. This means that you will need to very quickly find alternate living arrangements. A San Jose domestic violence lawyer can help you navigate the requirements of the protection order while preparing to defend you against your domestic battery charges.
Everyone knows someone who has been injured or killed in a serious car crash, but it is still a terrible shock when it happens to you. Knowing what to do after a car crash can seem obvious until you are in the situation yourself.
If you have been hurt in a car crash, stop and think before taking action. Remember that you do not have to handle this situation by yourself. There are many good reasons for working with a San Jose, CA personal injury lawyer, and here are four of the most important.
In the best of circumstances, spending time researching California personal injury law, how much money you should ask for in compensation, and how judges in your area tend to rule in personal injury cases is a daunting task indeed. After a bad car crash, when you may be struggling with injuries, missing work and income, or grieving the loss of someone you love, getting the information you need for handling a personal injury suit may feel impossible. But you do not have to do this alone. A personal injury attorney can do the heavy lifting and let you focus on getting back on your feet.
The juvenile justice system is focused on rehabilitation rather than punishment. When it is reasonable to do so, courts prefer to send minors to juvenile diversion programs instead of jail. Diversion programs can address the underlying issues that led the minor to commit a crime. These programs may involve substance abuse or mental health treatment and community service. The goal of a diversion program is to help a minor prepare to live a law-abiding and productive life instead of continuously reoffending. These programs can be especially helpful for children from disadvantaged communities as well as those who struggle with their mental health and could benefit from guidance and supervision. A San Jose, CA juvenile criminal defense attorney can help guide your child toward one of these programs.
A few of the juvenile diversion programs offered in California include:
When the police stop you while you are carrying an illegal item, like illicit drugs or an unregistered handgun, it is easy to panic and misidentify yourself. If the police show up at your home to carry out a search warrant, your instinct might be to claim that you are someone else or to give a fake name. A lot of people act out of sheer panic and give the police false identifying information when they are caught committing a crime, hoping that the police will fall for the fake identity and have charges filed against a person who is not them or a person who does not exist. In nearly all cases, police can readily see through false identities and will find out who you really are. If you are charged with providing false identification to a police officer, you need an experienced San Jose, CA criminal defense lawyer.
You do not need to have handed a police officer a fake ID to be charged with this offense, although doing so would certainly fall under this statute. (If you did use a fake ID, you will likely face additional charges, as possessing a fake ID is illegal.) Verbally giving a police officer a name other than your own legal name can be considered providing false identification.
After being hit by a drunk driver, you might have two different legal cases to deal with. One is the likely criminal prosecution against the drunk driver for a DUI with bodily injury. The other is your civil lawsuit against the drunk driver as you seek to recover compensation for your injuries. What happens to your civil lawsuit if the driver evades criminal liability for his DUI? You can likely still recover compensation for several reasons. The standard of proof required in civil cases is different, and the driver is probably still liable for the car crash he caused even if you cannot prove that he was drunk at the time. A Santa Clara County, CA drunk driving accident attorney can help.
To criminally convict a driver for a DUI with bodily injury, the state needs to prove beyond a reasonable doubt that he was driving drunk and his intoxicated driving is what caused your injuries. This is a high standard. There must be extremely strong evidence that the driver was drunk.
Police officers do not drive around with quality lab equipment for accurate roadside B.A.C. testing in the trunks of their cars. This means that most DUI arrests are based on an officer’s subjective perception of a person’s intoxication. The same is true for other arrests and probable-cause searches related to alcohol, such as public intoxication and minor-in-possession issues. However, many people have medical, mental health, or cognitive conditions that can make them appear to be drunk when they are not. If you are accused of an alcohol-related offense because a police officer mistook symptoms of your medical condition for intoxication, you need a skilled San Jose, CA criminal defense attorney.
Medical conditions that can cause a police officer to think a person is intoxicated include:
While many slip-and-fall incidents are not serious, some are. While anyone can be seriously hurt after slipping and falling, some people are more likely to sustain major injuries than others. People who are more likely to sustain serious bodily injuries from falling include the elderly, people of larger size, pregnant people, and those with certain medical conditions such as existing back injuries or osteoporosis. Many slip and falls are caused by a retail store or restaurant’s negligence. Failing to clean up a spill or post signage immediately upon finding out about the spill or failing to appropriately monitor the premises can put customers at risk. If you slip and fall in a business, you should contact a San Jose, CA personal injury lawyer immediately.
The steps you should take right after a slip-and-fall accident include:
People who struggle with severe mental illnesses may be unable to control their behavior when they are in an emotionally escalated state. It sometimes happens that a concerned loved one will call 911 in an effort to get help for someone who is having a psychotic break or threatening suicide, only for the mentally ill person to get arrested instead. Fortunately, in California, Laura’s Law provides an opportunity for people who engage in criminal behavior as a direct result of their serious mental illness to get help instead of jail time. A San Jose, CA criminal defense attorney can work to get you into a mental health diversion program.
If you qualify for a mental health diversion program, you will be required to commit to and regularly attend an assisted outpatient treatment program. These programs are designed to rapidly stabilize individuals who are suffering from serious mental illnesses. You may be relieved of your charges and sent to treatment if you are an adult and meet these qualifications:
408-234-7563From our office in San Jose, California, we serve clients throughout the Bay Area, including but not limited to Campbell, Los Gatos, Cupertino, Santa Clara, Sunnyvale, Gilroy, Morgan Hill, Los Altos, Palo Alto, Saratoga, Milpitas, Mountain View, Fremont, Stanford, Union City, and Santa Clara County.
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