Fuller Law Firm
408-234-7563
79 Devine Street, Suite 100, San Jose, CA 95110
408-234-7563
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408-234-7563
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.
Being involved in any type of car accident is a traumatic ordeal, but when you are hit by an uninsured motorist, the situation becomes even more concerning. In addition to substantial property damage, automobile collisions can also cause severe physical damage including traumatic brain injuries (TBI), head and neck injuries, whiplash, broken bones, internal organ damage, skin burns, and more. These injuries often require expensive medical treatment including surgery and long-term physical therapy.
When a motorist is involved in a car accident and the responsible party does not have auto insurance, the damaged individual may assume that there is no way to recover compensation for his or her losses. Fortunately, there are several avenues that may help you collect compensation for damages caused in an uninsured motorist car accident.
Abuse is something that no one should have to experience. It can leave lasting damage, physically, mentally, and emotionally. According to the National Domestic Violence Hotline, approximately 24 people per minute are victims of physical violence, rape, or stalking by an intimate partner in the United States. That equates to more than 12 million men and women over a year’s time. The term “domestic abuse” sounds physical, but it actually encompasses a number of different actions or behaviors. In other words, if you have engaged in any of the following forms of abuse, you could face criminal charges related to domestic abuse.
There are various forms of abuse that can lead to criminal charges, even if no physical altercations occurred. Before understanding which actions can lead to charges, one should know the different types of abuse, aside from physical abuse, to identify toxic behavior:
In the current landscape of automotive safety, millions of cars, pickup trucks, and other passenger vehicles are recalled by their manufacturers each year, often under pressure from government regulators. The motive, as one might imagine, is to reduce the number of defective or hazardous vehicles on the road, thereby reducing the number of resulting accidents, and increasing the safety of drivers, passengers, and pedestrians. However, researchers at Virginia Tech may have found another method for increasing roadway safety and the prevention of dangerous traffic accidents: data mining online forums for possible vehicle defects.
Alan Abrahams, an associate professor of business information technology at Virginia Tech, along with Patrick Fan and Alan Wang, examined the data mining process as a potential source for early warnings related to defective auto parts or vehicles. The team identified “smoke words” often used in relation to automotive defects or safety concerns and scrutinized online discussion forums related to high-volume automakers.
If you or someone you love has been arrested on charges of possessing a controlled substance in California, it may feel as though you have very few options. After all, you have been arrested, and the police found evidence of drugs—what more really needs to be said? In such a case, it is easy for you to believe that your entire future is about to come crashing down. Of course, being arrested for illegal drug possession is a very serious matter, but there is a good chance that things are not quite as bad as they seem. With the help of a qualified criminal defense attorney, you may even be able to find a resolution that limits the damage to your reputation.
In any criminal proceeding, it is up to the prosecution to prove beyond a reasonable doubt that you are guilty of the offense for which you have been charged. When it comes to the possession of an illegal drug, prosecutors in California must prove several separate elements, including:
Dogs are often referred to as man’s best friend, but in some situations, they can be aggressive and attack. Being bitten by a dog can be a traumatizing experience. It can also lead to permanent disfigurement, lost time at work, and expensive medical bills. Thankfully, victims do have the right to pursue compensation for their losses and injuries. Learn more about the dog bite injury laws in California, including why it is important to seek assistance with your personal injury claim.
Dog bite injuries in California are covered under Civil Code Section 3342. It states that a dog’s owner can be held liable for injuries sustained by victims. However, there are few important stipulations that must be taken into consideration before pursuing a claim under this particular law. These include:
Getting into a car accident can have devastating consequences for anyone riding in the vehicles involved. According to estimates from the National Highway Traffic Safety Administration (NHTSA), more than 36,000 people are killed in car accidents in the United States each year, and some 4 million more are injured enough to seek emergency medical treatment. Whenever a person gets into a car, he or she is taking a risk. Drivers can lessen the risk of an accident by taking steps to avoid some of the behaviors that are known to cause traffic crashes. There are many things that can trigger a car accident, but some causes are much more common than others.
Distracted driving has become a more serious problem every year. Having the world at our fingertips on a cell phone has made it more tempting than ever to take your eyes away from the road. The National Safety Council (NSC) reports that 1.6 million crashes each year are caused by drivers who are distracted by their cell phones. In fact, cell phones are so dangerous that more than one in four crashes involve a driver using his or her phone. Other distractions such as passenger conversations, eating, drinking, putting on makeup, or brushing hair create additional dangers.
California law treats domestic violence very seriously, and in fact, the state has designated a special Spousal Abuser Prosecution Program that provides funding and assistance for prosecuting attorneys in criminal spousal abuse cases. If you have been accused of any crime involving domestic violence, you may face severe consequences. An experienced criminal defense attorney can help you understand the penalties that may result from a conviction, and provide a strong defense that can result in dismissed or reduced charges.
In California, domestic violence charges involving a spouse or domestic partner often fall under one of two categories: domestic battery and corporal injury to a spouse or cohabitant.
Domestic battery is defined as the willful or unlawful use of force or violence on a spouse or domestic partner. It is considered a criminal misdemeanor offense that may result in fines of up to $2,000 and imprisonment of up to one year. In some cases, the court may order probation in place of other penalties, in which case the offender may be ordered to complete a batterer’s treatment program, make payments to a battered women’s shelter, and cover the victim’s costs of counseling and other reasonable expenses as a result of the abuse.
According to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness, which can vary in the degree of severity, ranging from mild to moderate to severe. Mental illness is a factor in many criminal cases, and the State of California recognizes that mental health assistance may often be a more effective response than incarceration for those facing charges. Under California law, many criminal defendants are eligible for a pretrial mental health diversion program that allows them to get the treatment they need to manage their mental illness.
Mental health assistance may be available to defendants facing a variety of misdemeanor and felony charges, with the exception of some offenses including murder, rape, and sexual abuse. To be considered, defendants must have a diagnosed mental disorder that significantly contributed to the crime of which they are accused, and a mental health expert must attest that the defendant is a good candidate for treatment.
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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