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Recent Blog Posts

Bicycle Accident Injury Liability in California: Who is At Fault if I Was Hit By a Car While Riding My Bike? 

 Posted on September 20, 2022 in Personal Injury

Palo Alto Personal Injury AttorneyCalifornia'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. 

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Options for People with Mental Illness Accused of a Crime

 Posted on September 06, 2022 in Criminal Defense

Santa Clara County Criminal Defense AttorneyMental 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. 

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Do I Have to Talk to an Insurance Agent Who Calls Me After a Car Accident? 

 Posted on August 31, 2022 in Car Accident

san jose car accident lawyerAfter 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. 

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Will My Child Qualify for a Palo Alto Juvenile Diversion Program? 

 Posted on August 18, 2022 in Criminal Defense

san jose criminal defense lawyerMany 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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The Three Dogs Most Likely To Bite Children

 Posted on July 29, 2022 in Personal Injury

san jose dog bite lawyerDog bites are usually traumatic experiences, but for children who have very little life experience, a serious dog bite can cause trauma that lasts a lifetime. Despite this, the vast majority of dog bites are not reported to the authorities, and the victims and their families do not seek compensation. Even when cases are reported, and insurance companies make payouts to the victims of dog bites, unless a personal injury attorney is involved, victims and their families are often not compensated for the full value of their damages. The following three dog breeds are the most likely to bite children and cause severe injury. If your child has been bitten by one of these breeds, or any other type of dog, seek legal representation right away. 

Pit Bulls

American Pit Bull terriers, American Staffordshire terriers, Staffordshire terriers, and mixed breed pit bulls are the breeds that take the number one spot for the most frequent and severe dog bites. While the vast majority of pit bulls are gentle dogs, these dogs were bred to fight and frequently bite children in the head and neck. When they do bite, they tend to latch on and not let go, resulting in severe and disfiguring injuries to the face, neck, and other body parts. 

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Are Assault and Battery the Same Thing in California? 

 Posted on July 18, 2022 in Uncategorized

san jose criminal defense lawyerThe terms “assault” and “battery” are heard so often together that many people believe they are words describing the same thing. The fact that criminal defendants are often charged with assault and battery at the same time may reinforce this belief. But these two crimes are not the same and it is important to understand the difference between the two if you are facing charges for one or both. This blog provides a basic overview of the two both assault and battery, but an experienced California criminal defense attorney is the best source of answers to your questions. 

What is Battery? 

A person commits battery in California when they intentionally and illegally use force or violence against another person’s body. Examples of battery include, but are not limited to: 

When Can I Be Charged With Arson in California?

 Posted on June 23, 2022 in Uncategorized

san jose criminal defense lawyerIn a state with a history of destructive forest fires that threaten both pristine wilderness and urban areas, California takes arson very seriously. But there is a great difference between intentionally setting a building or forest ablaze and having a fire on your property that unexpectedly gets out of control. California’s penal code does distinguish between various levels of arson, and the penalties you face are determined by which specific criminal charges are brought.

Malicious Arson Versus Reckless Burning

Under California law, you are guilty of arson if you willfully and maliciously burn your property, someone else’s property, or help someone to do so, including houses, buildings, cars, land, and other smaller possessions. The two main counts related to arson are reckless burning and malicious arson. Malicious arson is a felony, while reckless burning may be either a felony or a misdemeanor, depending on what was burnt. The difference between malicious arson and reckless burning is intent.

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Stay Alert for Tripping Hazards or Slippery Floors

 Posted on June 13, 2022 in Personal Injury

san jose personal injury lawyerWhether tripping on a sidewalk or slipping on a wet floor, slip and fall accidents can cause sudden and severe injuries. These injuries can lead to medical bills, missed work, and additional trauma. The elderly or those with disabilities are more commonly injured in these types of falls, but anyone can suffer an injury at any time. Often, a tripping or slipping hazard is caused by the negligence of the property’s owner or tenant. Without proper property maintenance or sufficient warnings, these parties can be held liable for the unsafe conditions.

Common Locations for Slip and Fall Accidents

While a trip and fall accident can happen anywhere, some locations are more likely to have conditions that cause these accidents. Here are areas that have more frequent slip and fall accidents:

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Safe Riding Tips to Avoid a Bicycle Accident in California

 Posted on May 24, 2022 in Car Accident

shutterstock_214344745.jpgRiding a bicycle should be a fun and safe activity, whether it is for exercise, commuting to work or school, or just a leisurely trip for some fresh air. But when you are riding in traffic or crossing a busy road, there are risks of dangerous collisions and serious injuries. Bicyclists won’t win in a collision with a motor vehicle, no matter who was at fault for the accident. Here are some tips to keep you riding safely and avoid a bicycle accident.

Bicyclists’ Preparation and Practices for Safety

With over 100 bicyclists killed and over 10,000 injured in accidents every year in California, it is best to be well-prepared and know the top tips to ride safely. Remember these tips next time you are headed out for a ride.

  • Pick the right bike and gear – Make sure you have the right size bicycle, and it is in good working order. Bicyclists under 18 must wear a helmet when riding on public roads, but it is a good idea for all riders to wear one for protection in case of a crash.

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Three Defense Strategies for Californians Accused of Drug Crimes

 Posted on May 11, 2022 in Criminal Defense

shutterstock_12304342.jpgA conviction for a drug offense can change your life profoundly. Drug possession, sale or delivery of illicit substances, drug manufacturing, and related offenses are punishable by significant penalties, including jail time. It is important to start working on a defense strategy. Contact a skilled criminal defense lawyer with experience in drug crime cases for help.

Evidence Obtained Unlawfully

Criminal defense attorneys use many different strategies to demonstrate their client’s innocence. Sometimes, defense lawyers seek to invalidate the evidence against the defendant. In drug crime cases, evidence often includes illicit substances, drug paraphernalia, and items used to manufacture or sell drugs, such as scales and large amounts of cash.

If the police did not follow proper procedure when obtaining evidence against a defendant, the evidence might be inadmissible in court. The Fourth Amendment protects individuals against unreasonable searches and seizures of personal property. Police typically need probable cause or a search warrant to search someone’s property. Evidence acquired in violation of a defendant’s constitutional rights may be suppressed, effectively destroying the prosecution’s case against the defendant.

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