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Recent Blog Posts

Can a Mental Health Diversion Program Help Me?

 Posted on April 19, 2022 in Criminal Defense

san jose criminal defense lawyerAre you or a loved one facing a criminal charge of any kind? No matter how mild or severe it seems, it is important to realize just how big an impact a conviction of any type can have on every facet of your future—even for a first offense. That is why it is essential to find a knowledgeable, compassionate legal advocate who understands not just your actions, but also the deeper factors that may have contributed to your behavior. A skilled lawyer can then help the prosecutor and court appreciate that you are more than just a criminal defendant who deserves conviction and punishment, but a whole person with underlying issues and motivations, who may be in need of rehabilitation and improvement. In fact, you may be the ideal candidate for a mental health criminal diversion program.

A Different Type of Diversion Program

Many people are aware that California is a leader in creating criminal diversion programs to address not only the facts of a crime, but also the causes behind it. Often, a criminal offense has its roots in drug use, and our state has pioneered programs that offer alternatives to jail time for drug offenders. But another common cause of poor decision-making is mental or psychological disorders, and California is at the forefront of pre-trial diversion programs for these defendants as well.

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If Someone Exposes Me to COVID-19 in Santa Clara County, Can I Sue Them?

 Posted on April 13, 2022 in Uncategorized

shutterstock_1398519638.jpgWith the relaxation of coronavirus restrictions across the U.S. and here in California specifically, it remains to be seen just what course the pandemic will follow from here on out. With people taking fewer precautions in general to protect both themselves and others, many health officials feel that coronavirus strains like omicron will continue to mutate and spread for some time to come. If you or a loved one ends up getting a new case of COVID-19, and you believe you know who was responsible for transmitting it to you, should you consider filing a personal injury lawsuit against them?

Seek the Justice You Are Entitled To

Over the past two years, there have been thousands of COVID-19 personal injury cases filed throughout America, resulting in many new and conflicting legal precedents. But even though the coronavirus legal area is still anything but “settled law,” you do not need to shy away from seeking the justice you deserve.

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Understanding Stalking Allegations in California

 Posted on March 23, 2022 in Uncategorized

santa clara criminal defense lawyerThere are many different types of stalking. How a person defines stalking can vary from being uncomfortably followed to having their social media pages checked frequently. California law defines stalking as behavior that makes someone feel threatened and concerned for their safety. Stalking allegations should be taken seriously. If you are accused of stalking another person, it is in your best interest to gather all of the facts of your case and find a defense attorney who can advocate on your behalf.

What is Stalking?

According to California state law, stalking can be defined as any behavior where an individual intentionally engages with another person to make that person distressed or fear for their safety. In 2022, stalking can come in a variety of shapes and sizes. It can also be hard to decipher between online snooping and stalking. The legal requirements that characterize stalking include:

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Pedestrian Accident Injury Lawsuit — How And When to File a Claim

 Posted on March 07, 2022 in Personal Injury

 shutterstock_1420916759.jpgDespite driver and pedestrians' best efforts, accidents on the road occur. From a slight fender-bender in a parking lot to a collision on the highway, all accidents are frightening and may lead to severe damage and injuries. However, when a collision occurs between a vehicle and a pedestrian, the injuries are often catastrophic and sometimes fatal. Suppose you were seriously injured or a loved one lost their life during a pedestrian-car accident. In that case, there are steps that the victim can take to help alleviate the financial burdens of medical expenditures. 

Understanding Pedestrian Accidents — Injuries and Liability 

The injuries that may follow from a pedestrian being struck by a vehicle can be life-altering. Depending on the circumstances, including the car's speed, where the pedestrian was hit, and what type of road the accident occurred, the injuries may range from minor fractures to death. The most common types of injuries include:

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What is First-Degree Burglary in San Jose, California?

 Posted on February 23, 2022 in Criminal Defense

shutterstock_576370024.jpg Burglary is the act of breaking into a private residence with the intention of stealing something. In California, this is a serious crime that can lead to consequences including jail time. There are two different classifications of burglary in the state of California — first-degree and second-degree. The legal ramifications that follow a burglary charge will depend on the degree of the crime. 

Differences between First and Second-Degree Burglary 

Many different criminal charges, including murder and fraud, are divided into the degree to classify the nature of the crime. This is the same for burglary charges. Burglary is classified as entering any private building with the intention of committing either grand or petit larceny (theft of personal property). Here are the differences between first-degree and second-degree burglary in California:

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Can I Get in Trouble for Using an Expired Credit Card?

 Posted on February 08, 2022 in Criminal Defense

san jose credit card fraud lawyerIn the digital age of 2022, it is important to understand the legal implications of using electronic financial tools such as debit and credit cards, online banking or online shopping. Financial crimes can range anywhere from a fake gift card to tax evasion. Due to the complex nature of financial crimes, many instances of fraud are overlooked until it is too late. According to California law, it is a fraudulent crime to use an expired credit card or debit card to make any sort of purchase. Depending on the severity of the crime and the offender's background, perpetrators using an expired credit card may face felony charges. 

Understanding Credit Card Fraud

When attempting to understand credit card fraud and the various ways this crime is achieved, it is first important to understand the definition of fraud in the state of California. Fraud is described as any activity intended to deceive, misrepresent, fool or twist any known fact with the intention of hurting another person or using their legal or financial rights for your benefit. In other words, you can be committing fraud when you intentionally lie to gain a benefit. In the case of credit card fraud, a person would intentionally be “lying” or misusing their expired credit card with the intention of gaining a benefit through making a purchase. Credit card fraud can also look like:

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Dog Attack Victims May Be Able to Take Legal Action in Santa Clara

 Posted on January 31, 2022 in Personal Injury

CA injury lawyerDogs can be loving pets, but they are also animals capable of inflicting severe injuries. Some dog attacks are even fatal. Many dog bite victims are left with physical and mental scars. They may need extensive medical care and psychological counseling to recover. If you or a loved one were bitten by a dog in California, you should know that you have rights. You may be able to hold the dog owner liable and recover monetary damages for the injuries.

California Law Says Dog Owners are Liable for Dog Attack Injuries

Some states are “one bite rule” states which means that a dog owner is not liable the first time his or her dog bites someone. However, California is a strict liability state when it comes to dog-related injuries. This means that the owner may be liable for damages even if he or she had no reason to fear that the dog would be aggressive. If you were bitten by a dog, you may be able to sue the owner and collect financial compensation.

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What to Do If Your Ex Accuses You of Stalking Them

 Posted on January 13, 2022 in Criminal Defense

CA defense lawyerThe term “stalking” is sometimes used in an informal or even joking manner. For example, someone may say that another person is “stalking” their social media if that person comments on every post.

In reality, stalking is considered a serious criminal offense in California. An individual convicted of stalking could face up to five years in prison.

If your ex has accused you of stalking him or her, do not make the mistake of underestimating this allegation. You could be arrested and charged with a criminal offense. An experienced criminal defense attorney can help you defend yourself against stalking charges.

Immediately Cease Contact with the Accuser

If an ex-boyfriend, ex-girlfriend, or ex-spouse accuses you of stalking them, immediately cease contacting the victim. Do not go to the person’s home, work, or school. You may be tempted to confront this person – especially if the harmful allegations are completely made up. However, confronting the person just gives him or her an opportunity to make further allegations of stalking, intimidation, or physical violence.

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When Can Police Search Your Property for Drugs in California?

 Posted on December 23, 2021 in Criminal Defense

CA defense lawyerCalifornia is known for its progressive drug policies. It was the first state to legalize the use of marijuana for medical purposes in 1996. However, the possession, manufacture, and sale of controlled substances are still penalized harshly by California courts. Often, drug charges result from a search of the defendant’s personal property. For example, drug possession charges may result from a traffic stop during which police search the inside of the driver’s car. If you or a loved one are facing drug charges after a police search, it is very important to understand the difference between a lawful search and an unlawful search.

Police Usually Need a Search Warrant to Search Your Home

The U.S. Constitution protects us against unreasonable police intrusion. Law enforcement and other government officials cannot search a person or their possessions without a valid reason. Police usually need a search warrant to search a residential property such as a house or apartment. A judge issues a search warrant when there is probable cause that criminal activity or evidence of a crime exists in the home.

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How Can a Personal Injury Lawyer Help Me If I Was Hurt in a San Jose Car Crash?

 Posted on December 14, 2021 in Car Accident

CA injury lawyerCar accidents affect the lives of millions of people each year in the United States. Some car accident victims are able to walk away from the crash relatively unscathed. Others are left with severe or permanent injuries. If you or a loved one were hurt in an auto accident, you may benefit from working with a personal injury attorney.

Gathering and Preserving Evidence

Whether you reach a settlement with the insurance company or file a personal injury lawsuit, you will need evidence of:

  • The at-fault party’s liability
  • The extent of your injuries
  • The financial impact the injuries had on your ability to work

Your lawyer can help you obtain the evidence needed and ensure that the evidence does not get lost or destroyed.

Building a Claim for Compensation

Anyone who has been in a severe wreck can tell you that life is never quite the same after the crash. However, car accident victims may be entitled to monetary damages that can, at least in part, compensate them for what they went through.

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