Fuller Law Firm
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408-234-7563
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When the COVID-19 pandemic hit the United States, the federal government took steps to financially assist the millions of Americans who faced financial difficulties the pandemic caused. Programs were set up that provided help to both businesses and employees through the Paycheck Protection Program, Economic Injury Disaster Loan program, and Unemployment Insurance programs. There were also relief funds established for health care providers. Unfortunately, while these programs have been critical to many people’s survival, they have also been the target of fraud.
According to the United States Department of Justice (DOJ), there have already been more than 500 people charged with attempted fraud, with the total amount of funds allegedly stolen exceeding $500 million. Attorney General Merrick Garland recently announced that the DOJ is ramping up its efforts nationwide to “detect and disrupt COVID-19 related fraud.”
The weather here in the San Jose area means that motorcycle enthusiasts get to enjoy riding for most of the year. For those riders that prefer the warmer weather, May’s arrival is the sign that it is time to get your bike out of storage and on the roads. Unfortunately, as enjoyable as riding a motorcycle is, it can also be one of the most dangerous, resulting in about 500 motorcycle accident deaths in California every year. Another 12,000 are injured. In order to remind everyone on the roads to watch out for motorcycles, the California Highway Patrol (CHP) has announced it is recognizing May as Motorcycle Safety Awareness Month.
May is designated as Motorcycle Safety Awareness Month across the country as a way to encourage motorists’ awareness, and to educate the public on safety. The goal of the campaign is to reduce the number of motorcycle crashes and save lives.
One of the most anxiety-inducing experiences a driver can have is seeing the blue lights flashing behind them, signaling them to pull over. Even a person who is innocent of any wrongdoing can become very nervous and worried that they are in trouble. Unfortunately, for some drivers, being pulled over by a police officer does lead to criminal charges. One of the most common types of cases we handle at our Santa Clara County criminal defense law firm is drug crime cases that resulted from a traffic stop.
It is important to keep in mind, however, that in order for a police officer to stop and question a driver, they must have probable cause to do so. In the United States, law enforcement is not allowed to just randomly pull vehicles over without a legitimate reason to do so. Something the driver did, or the vehicle needs to have repaired, alerted the officer that there is some kind of violation or crime being committed.
While any accident injury can have an impact on a victim’s quality of life, brain injuries are especially troubling. Even a minor brain injury can result in long-term effects. This is referred to as Post-Concussion Syndrome (PCS) in which the victim suffers symptoms for months following the injury. A recent study has found that women, in particular, may be more susceptible to PCS.
A concussion occurs when there is any kind of impact or sudden movement to the head that causes the brain to move or shake inside the skull, causing damage to brain tissue. The most common causes of concussions include car accidents, slip, and fall injuries, and sporting accidents.
Some concussions present symptoms right away, while others may take hours or even days before the victim realizes something is wrong. Victims often have difficulties with their thought process and memory. They may have issues with balance and sight. Language skills are sometimes impacted, and some victims also suffer from agitation, depression, and anger issues.
If you or a loved one is ever stopped for a traffic violation and suspected of drug possession or any other criminal offense, you will have several opportunities to make it either easier or harder for the police and prosecutors to arrest and convict you of such crimes. Here are some tips to protect yourself against common police tactics related to vehicle searches, which are purposely employed to intimidate, mislead, or lure you into self-incrimination.
If you are stopped on a traffic violation, that does not give the police an automatic right to search your car. Say you have been pulled over for speeding. After approaching your car window and scanning the interior of your car, the officer suspects you might have been consuming alcohol or marijuana while driving. But the officer sees nothing in plain sight that confirms his or her suspicion.
Drunk driving is a serious and pervasive issue in the United States. In fact, the Centers for Disease Control and Prevention (CDC) estimates that as many as 28 people are killed in drunk driving accidents per day. That is approximately one death every 53 minutes. Thousands more are seriously or permanently injured by a drunk driver. Ridesharing services such as Uber and Lyft claim to have made an impact, but have they really? Or are they simply contributing to more accidents? The following explores both sides and provides important information for car crash victims.
While numerous studies on the potential benefits (or lack of benefits) of rideshare programs have been done, they continue to come up with mixed results. Some indicate that rideshare programs have not had a significant impact on the number of drunk driving accidents. These studies posture that it is only those who might have otherwise taken a taxi or bus who are using the popular non-driving option—not those who would have otherwise driven intoxicated. Others have determined that drunk driving accidents—especially at night—have declined since the inception of rideshare programs.
While California is known for having more relaxed drug laws than many other states, there are still numerous criminal charges that can be brought against those accused of possessing or selling drugs in California. Being found in possession of illegal drugs like cocaine, LSD, methamphetamine, or heroin can lead to heavy penalties and jail time.
If a large quantity of drugs were allegedly found in your property or otherwise in your possession, you may be charged with “possession for sale of a controlled substance.” If you are charged with this crime, it means that law enforcement and prosecutors believe that you intend to sell the drugs allegedly in your possession. The penalties associated with possession for sale are much harsher than those that apply to simple possession charges. If you have been charged with possession for sale, it is critical that you speak with a qualified criminal defense attorney right away.
Motorcycles are the epitome of American freedom, but they can also place riders at risk for catastrophic injuries. This danger is why there is an entire month dedicated to motorcycle safety, and why there are commercials and public service announcements that warn other drivers to “look twice.” Unfortunately, far too many drivers still fail to “see” two-wheeled vehicles. Learn more about the most common motorcycle crash injuries and what compensation you might be eligible for as a motorcycle accident victim with help from the following information.
A traumatic brain injury (TBI) is caused by a sudden jolt or blow to the head. Either can occur even if the motorcycle rider is wearing a helmet. Yes, a helmet does reduce the risk, but it does not eliminate it completely. Symptoms of this type of injury can include persistent headaches, confusion, memory loss, difficulty sleeping, loss of consciousness, nausea or vomiting, slurred speech, agitation, dilation of one or both pupils, or clear fluids draining from the ears or mouth. Complications may include seizures, coma, permanent or temporary disability, and death.
Injuries can happen anywhere. Sometimes, they are simply accidents with no real traceable cause. However, a defective staircase, cracked sidewalk, falling object, wet or sticky floor, lack of security, or improper restraint of an animal is, most often, a case of premises liability.
When you are accused of a crime, it can seem like you have no control over your situation. The criminal justice system and the process can be confusing, and it can sometimes feel like a waiting game when you are in the middle of criminal proceedings. While you might have limited control over your situation when you are accused of a crime, there are certain rights that you do have. The United States Constitution guarantees specific rights to each and every U.S. citizen if they are ever accused of a crime. These rights were granted to citizens to ensure that each person has the same chance of a fair trial. It is important to understand your rights if you are facing any type of criminal charge in California.
When you are accused of a crime, you are presumed to be innocent. In California, the burden is on the state to prove that you are guilty of the crime for which you have been charged. This is where the widely known phrase “innocent until proven guilty” comes from. Going along with your right to presumed innocence, the prosecution must prove you are guilty beyond a reasonable doubt, which was put into place to try to prevent people from being incriminated on insufficient evidence.
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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