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San Jose Criminal Defense Law Blog

Social host ordinance could bring criminal penalties against parents

Social host ordinances have been springing up across communities for many years. Now, San Jose has passed its own ordinance, hoping to curb underage drinking. According the San Jose Mercury News, the social ordinance would make the adult who owns or leases the property responsible if more than three underage people are found drinking on the property, and they could be charged with a crime. This means parents need to be extra cautious as to what their children are up to.

These ordinances place the burden of responsibility on the parents for knowing exactly where their children are at every moment of the day. If a parent needs to go out of town for work for a night, or the parents take a vacation without their kids, they might risk being fined for the social host ordinance. It might not be as simple as locking up the liquor cabinet.

San Jose man arrested for DUI

According to a report, a man pulled over on the side of the road to take a nap after he became too tired to drive. Police were later called, and the San Jose man was arrested and charged with suspicion of DUI, as well as possession of a loaded firearm, which police say was found in the center console of the man's SUV. These charges could carry hefty fines or jail time if the man is convicted

This information was likely gathered for a news article by the police report. These reports are meant to present the police's side of the story, and not meant to be helpful in proving the innocence of the person accused. That means the man's reputation might be damaged by news reports even before a trial. It is important that people who are arrested understand their rights.

Four people arrested for theft of San Jose area vehicles

Late last month, four people were arrested for allegedly stealing multiple vehicles from the San Jose area. The four were arrested after police reportedly responded to an incident at an apartment complex. Police said they found four cars during their investigation that were stolen. Two of the suspects who were adults were arrested and charged with possession of stolen property for a car stolen in San Jose and three more stolen in Belmont. Two minors were also arrested and released to their parents after processing.

These accusations can severely damage a young person's reputation and can have consequences that will extend far into adulthood. That's why it might be wise to seek the help of an experienced criminal defense attorney who can rigorously defend any charges brought against a person.

Three juveniles arrested during Cinco de Mayo celebrations

Every year, people all over the country celebrate Cinco de Mayo. While many people don't understand its true significance, celebrating a great battle in Mexican history, people use the date as a way to celebrate Mexican heritage and gather as a community. These gatherings have grown over the years and are now often watched with a large police presence. People of all ages take part in the celebrations and sometimes arrests are made when large groups of people congregate.

After this year's Cinco de Mayo celebrations in San Jose three teens are facing juvenile criminal charges and many more were taken into custody for allegedly violating the city's curfew. Even minor violations can have a great impact on a young person's future. Many times if charges are filed against a young person, they don't understand the rights that they have as someone accused of a crime.

San Jose-bound man opts for trial on indecent exposure charge

Civil disobedience can take many forms. Peaceful protest has earned a near hallowed status as a way to press for change. Mahatma Gandhi and Martin Luther King come to mind. More recently there have been the Occupy Movement campouts in California and across the country.

Whether one may wish to add John E. Brennan to the list may be subject for debate. We offer his story here not to press for one position or the other, but to merely in note of how he apparently is looking to turn a charge of indecent exposure into his own statement of protest.

Santa Clara DA goes after medical billing, charges fraud

Allegations of medical insurance fraud are not new. Such charges are based on the theory that some form of deception was employed by the person charged to obtain personal gain. The repercussions of a conviction of such charges are such that anyone in the San Jose area facing such allegations should commit to finding an attorney who will mount a strong defense.

There is a case developing now in the Bay Area that is getting media attention. It involves allegations that a San Francisco-based medical billing company overcharged area hospitals for spinal implants and pocketed the profits. According to authorities, the alleged scheme amounted to a form of workers' compensation fraud in that overpriced implants that were placed in Santa Clara County employees resulted in higher insurance premiums that were handed down to local taxpayers.

SF appeals ruling shows broad implications of DUI

Someone charged with drunk driving in California should never take the allegations lightly. Not only might conviction of such charges affect a person's right and privilege to drive, it could also affect their employment options and opportunities. With penalties so harsh it is best for someone facing criminal charges of any kind to seek out and enlist experienced legal help.

The possible negative consequences that may result from DUI charges may weigh particularly heavily in cases involving those who hold professional positions under special licensure, such as doctors and nurses. Even if the alleged infractions aren't related in any way to the job, there could be trouble. A recent appeals court decision out of San Francisco serves as an example.

Police exploring domestic dispute in alleged wife burning death

San Jose police are holding a homeless man in connection with the burning death of a woman on a city street last week. Officials say the couple was married and that a domestic dispute may have been the spark for the killing. They say murder charges will likely be filed in the case.

Everyone who has been charged with a crime in California should be taking action to protect their individual liberty by contacting a criminal defense attorney. Finding an advocate to go before the system is crucial.

Jury appears split on verdict in violent crime case

Effective trial strategy is a critical element in any criminal case. In California it can play a significant difference in how a trial proceeds. It may even have an influence on how a jury considers the evidence of a case.

This may be a factor in a violent crime charges case now before a San Jose jury. Members of the panel report that they are split over whether the defendant in the case committed involuntary manslaughter or murder in connection with a January 2009 death.

The defendant supposedly admitted that he ran his car into a neighbor, crushing her sternum and cracking most of her ribs on the night in question. As a result of the incident prosecutors charged him with one count of murder.

Minority discipline rates in Pajaro Valley schools worrying

Pajaro Valley Unified School District accounted for the great majority of school expulsions in Santa Cruz County last year. Official data from government sources puts the rate at 85 percent, while the Pajaro Valley district makes up only about half the total student population in the schools.

At the same time, officials note that the Pajaro Valley district is predominantly Latino and there's concern because of what the school discipline issues might portend in terms of possible levels of juvenile offenses. Studies indicate that students who are expelled or suspended tend to wind up leaving school altogether and face a higher rate of criminal charges.

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