Fuller Law Firm
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408-234-7563
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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 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.
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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