Fuller Law Firm
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The 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.
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.
California 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.
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.
Car 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.
Whether you reach a settlement with the insurance company or file a personal injury lawsuit, you will need evidence of:
Your lawyer can help you obtain the evidence needed and ensure that the evidence does not get lost or destroyed.
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.
The California Health Care Foundation estimates that approximately 8 percent of California residents suffer from a substance abuse problem. Being addicted to drugs or alcohol is not something an individual chooses. Most drug addicts have seen firsthand just how destructive illicit substances can be. Many want to stop using these dangerous substances, but they cannot do so without help. Fortunately, California law has established diversion programs that focus on rehabilitation instead of punishment for drug offenders.
If you or a loved one were arrested and charged with drug possession or another drug-related offense, you may be unsure of what to expect. The prospect of jail can be frightening for anyone. Furthermore, going to jail does not address the underlying drug addiction which likely led to the drug charges in the first place.
Going out for food or drinks should be an enjoyable experience. However, an unexpected injury can turn a fun outing into a nightmare. If you or a loved one were hurt at a restaurant, bar, pub, nightclub, or another commercial establishment, you may have questions about your rights. You may wonder, “Does the restaurant have to pay for my medical bills?” or “Is a bar liable for injuries caused by inadequate maintenance?” These types of legal concerns fall under California’s premises liability laws. Each case is unique, but commercial establishments are legally responsible for patrons’ injuries in many situations.
According to California law, business owners have a legal duty to maintain reasonably safe premises. This includes taking action to prevent avoidable injuries. If a restaurant owner or another party acted negligently and that negligence led to a patron’s injiry or death, the party may be liable for damages. Some examples of situations in which a bar or restaurant may be liable include:
California Gov. Gavin Newsom signed a bill this month extending the time in which a victim of revenge porn can report the crime. The measure, Senate Bill 23, gives revenge porn victims a full year from when they discover the images (or would likely discover them) to report the crime. Before, state law only allowed victims to file charges a year from when the image was posted.
State Senator Susan Rubio framed the measure as a domestic abuse issue. She described revenge porn as a tool sometimes used by domestic abusers to control their victims. She said the measure was needed so victims had “more time to seek justice” from those who violate their privacy.
According to an analysis of the bill, California led the nation in revenge porn cases in 2013. The analysis cited a number of figures, saying 93 percent of victims suffered significant emotional distress, 51 percent had thoughts of suicide, and 49 percent said they had been stalked or harassed online by people who saw the private material.
The Alameda County’s district attorney’s office is warning the public that pandemic-related phishing scams are on the rise. According to the statement, the bad actors are sending out unsolicited emails regarding COVID-19. These emails direct you to open a link but when you do, it collects your personal information or installs malware on your computer.
The district attorney’s office says the way the phishing scam works is you will receive an email that sounds official. In this case, it might be asking for proof of a COVID vaccination, requesting information from a fake health organization, or offering medical advice.
Phishing emails are usually hastily prepared or contain minor changes from something an official organization might send out. Therefore, they suggest paying close attention to domain names and checking spelling or grammatical errors.
Now that you know how an email phishing scam operates, it is also important to know the consequences of conducting one.
This summer, California Governor Gavin Newsom signed a bill that amended the state’s Domestic Violence Prevention Act to include reproductive coercion as justification for a protective order. The measure defines reproductive coercion as using force to control the reproductive autonomy of another person.
When defining reproductive coercion, the new law describes “force” as applying unreasonable pressure, deliberate interference of access to contraception or reproductive health information, or using coercive tactics to control pregnancy outcomes.
Examples of reproductive coercion could include a boyfriend tampering with his girlfriend’s birth control pills, intentionally impregnating her without her consent, or pressuring her to have an abortion despite her protests.
Reproductive coercion is actually more common than you might think. In a 2018 study, researchers found that up to 14 percent of women who visited a family planning clinic in the U.S. reported reproductive coercion and that upwards of 30 percent of women will experience it in their lifetime.
Gov. Gavin Newsom signed a measure expanding California’s emergency services so that victims of domestic violence can now contact local domestic violence centers via text and chat. Newsom signed Assembly Bill 689, dubbed the Comprehensive Statewide Domestic Violence Program, without comment last month alongside a host of other bills.
Assemblymember Cottie Petrie-Norris, a Democrat from Laguna Beach who filed the bill in February, said “these additional tools and technologies will give survivors more ways to get help when they desperately need it.” She explained the technical services were needed because cases of domestic violence have increased since the start of the COVID-19 pandemic.
According to the bill’s summary, the pandemic has resulted in increased levels of isolation, job loss, and stress, all of which are often factors in domestic violence cases. Additionally, the pandemic has also forced police stations to close their reception areas out of fear of spreading disease, which further limits safe spaces for domestic violence victims. Therefore, victims turn to shelters and this increase in demand has caused a financial strain on those same shelters.
If you go into a store in the state of California, steal something, and get arrested, you could be charged with either shoplifting or burglary. What you are charged with, though, depends on what elements of the crime the investigating officer can prove. In California, the crime could be either a misdemeanor or felony. So, when does shoplifting become a burglary? And, when does a burglary become a felony?
According to the California Penal Code, there are two elements to the crime of shoplifting. The first is that you must enter a commercial business during normal hours of operation with the intent to steal something. In other words, you had to plan to steal something before you entered the store. The other element is that the value of the property you take cannot cost more than $950.
If you deviate from that definition, such as steal property valued at more than $950 or enter the store before it opens or after it closes, you could be charged with burglary. However, under state law, you cannot be charged with both shoplifting and burglary for the same theft.
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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