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Recent Blog Posts

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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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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