Fuller Law Firm
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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.
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 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 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.
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.
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.
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.
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.
When a person suffers a whiplash injury in an accident caused by the negligence or recklessness of another party, they may be entitled to damages for the losses they have suffered due to that injury. They may be entitled to financial compensation for medical expenses, loss of income, pain and suffering, and any future health issues the injury could cause.
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.
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.
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.
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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