Fuller Law Firm
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The juvenile justice system is focused on rehabilitation rather than punishment. When it is reasonable to do so, courts prefer to send minors to juvenile diversion programs instead of jail. Diversion programs can address the underlying issues that led the minor to commit a crime. These programs may involve substance abuse or mental health treatment and community service. The goal of a diversion program is to help a minor prepare to live a law-abiding and productive life instead of continuously reoffending. These programs can be especially helpful for children from disadvantaged communities as well as those who struggle with their mental health and could benefit from guidance and supervision. A San Jose, CA juvenile criminal defense attorney can help guide your child toward one of these programs.
A few of the juvenile diversion programs offered in California include:
When the police stop you while you are carrying an illegal item, like illicit drugs or an unregistered handgun, it is easy to panic and misidentify yourself. If the police show up at your home to carry out a search warrant, your instinct might be to claim that you are someone else or to give a fake name. A lot of people act out of sheer panic and give the police false identifying information when they are caught committing a crime, hoping that the police will fall for the fake identity and have charges filed against a person who is not them or a person who does not exist. In nearly all cases, police can readily see through false identities and will find out who you really are. If you are charged with providing false identification to a police officer, you need an experienced San Jose, CA criminal defense lawyer.
You do not need to have handed a police officer a fake ID to be charged with this offense, although doing so would certainly fall under this statute. (If you did use a fake ID, you will likely face additional charges, as possessing a fake ID is illegal.) Verbally giving a police officer a name other than your own legal name can be considered providing false identification.
After being hit by a drunk driver, you might have two different legal cases to deal with. One is the likely criminal prosecution against the drunk driver for a DUI with bodily injury. The other is your civil lawsuit against the drunk driver as you seek to recover compensation for your injuries. What happens to your civil lawsuit if the driver evades criminal liability for his DUI? You can likely still recover compensation for several reasons. The standard of proof required in civil cases is different, and the driver is probably still liable for the car crash he caused even if you cannot prove that he was drunk at the time. A Santa Clara County, CA drunk driving accident attorney can help.
To criminally convict a driver for a DUI with bodily injury, the state needs to prove beyond a reasonable doubt that he was driving drunk and his intoxicated driving is what caused your injuries. This is a high standard. There must be extremely strong evidence that the driver was drunk.
Police officers do not drive around with quality lab equipment for accurate roadside B.A.C. testing in the trunks of their cars. This means that most DUI arrests are based on an officer’s subjective perception of a person’s intoxication. The same is true for other arrests and probable-cause searches related to alcohol, such as public intoxication and minor-in-possession issues. However, many people have medical, mental health, or cognitive conditions that can make them appear to be drunk when they are not. If you are accused of an alcohol-related offense because a police officer mistook symptoms of your medical condition for intoxication, you need a skilled San Jose, CA criminal defense attorney.
Medical conditions that can cause a police officer to think a person is intoxicated include:
While many slip-and-fall incidents are not serious, some are. While anyone can be seriously hurt after slipping and falling, some people are more likely to sustain major injuries than others. People who are more likely to sustain serious bodily injuries from falling include the elderly, people of larger size, pregnant people, and those with certain medical conditions such as existing back injuries or osteoporosis. Many slip and falls are caused by a retail store or restaurant’s negligence. Failing to clean up a spill or post signage immediately upon finding out about the spill or failing to appropriately monitor the premises can put customers at risk. If you slip and fall in a business, you should contact a San Jose, CA personal injury lawyer immediately.
The steps you should take right after a slip-and-fall accident include:
People who struggle with severe mental illnesses may be unable to control their behavior when they are in an emotionally escalated state. It sometimes happens that a concerned loved one will call 911 in an effort to get help for someone who is having a psychotic break or threatening suicide, only for the mentally ill person to get arrested instead. Fortunately, in California, Laura’s Law provides an opportunity for people who engage in criminal behavior as a direct result of their serious mental illness to get help instead of jail time. A San Jose, CA criminal defense attorney can work to get you into a mental health diversion program.
If you qualify for a mental health diversion program, you will be required to commit to and regularly attend an assisted outpatient treatment program. These programs are designed to rapidly stabilize individuals who are suffering from serious mental illnesses. You may be relieved of your charges and sent to treatment if you are an adult and meet these qualifications:
While men make up a large majority of the prison and jail population, the gender gap is beginning to close. Women are more likely to be arrested today than they were even 15 years ago. The crimes women are accused of are slightly different than the crimes men are most commonly accused of. For example, men are more than six times as likely to commit homicide than women are. Some types of crimes are more evenly divided between male and female offenders. Women are more likely than men to commit other crimes, such as prostitution, although the justice system sometimes fails to distinguish between victims of human trafficking and women who are voluntarily engaged in illegal sex work. If you are a woman facing criminal charges, it is important to be represented by a skilled San Jose, CA, criminal defense lawyer.
Dog bites can happen very unexpectedly. You may have been walking a familiar route or spending time in your own front yard when you suddenly encountered an aggressive loose dog. Or, a dog you reasonably believed was friendly and playing may have abruptly bitten you or your child without warning. Dog bites can cause serious harm, either through direct injury from the bite or through an infection you do not notice until days later. It is important to seek urgent medical care for any dog bite that breaks the skin or leads to significant swelling and bruising. California dog owners are generally strictly liable when their dog bites. Even if you think the dog is well cared for and unlikely to be carrying disease or that the bite is not very serious, you should get a doctor to address the bite right away. Next, you should contact a Gilroy, CA, dog bite lawyer even if you are not sure you want to file a lawsuit right away.
In most states, people can only be arrested for drug crimes if they are caught in possession of a controlled substance. California is not like most states in that regard. You do not need to actually have a controlled substance in your possession to get in trouble for drug activity. Simply being found under the influence of an illicit substance is enough to get you arrested and charged with a misdemeanor drug offense. This law is designed to address the social issues that can come with a large number of visibly inebriated people in public spaces. While many drug users can function fairly normally while high, many others create public disturbances or pose a danger to the public. This law enables the police to arrest anyone they encounter who seems to be under the influence of an illegal substance, such as heroin or methamphetamine. If you are charged with being under the influence, a San Jose, CA, criminal defense attorney can help.
Sadly, children are often at higher risk of being hit by a car than adults. Children who like to play outside often ride their bikes or play ball in the street. Delivery drivers in particular often pose a risk to children, as they are likely focused on finding the correct address and may not be paying attention to their surroundings.
Although the city of San Jose takes care to address pedestrian safety issues, some drivers fail to follow important laws giving pedestrians who are crossing the street at an intersection right of way. School zones can be a particularly dangerous area, despite safety measures. Parents may be in a hurry to drop off their own children and get to work, failing to look out for other children who are walking to school. Non-school traffic may become frustrated with the slow pace and make risky maneuvers. If your child has been hit by a vehicle, it is very important to call 911 immediately, and then contact a San Jose, CA, pedestrian accidents attorney as soon as you can.
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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