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James Novak
Works at Law Office of James Novak
Lives in Mesa AZ
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DUI & Criminal Defense Attorney in Tempe AZ: I post and share on many topics including news, laws, tech, consumer alerts, public safety, and Google + updates. My motto on Google + is "It's never to late to learn something new; share something familiar; and be what you always wanted to be!"
Introduction

Hi, and welcome to James Novak's personal profile page. Thanks for stopping by. Feel free to add me to your circles.  All of my posts are public and "family friendly".  I  hope you enjoy my law news articles,  and posts.  If you like them +1 and feel free to share too. Read more to see what I post about.  

Welcome to James Novak's  Personal Profile and Google + Page I  am a DUI & Criminal Defense Lawyer in Arizona.  I am a Former Prosecutor and am experienced in trial & litigation. I defend DUI & Criminal Charges in Phoenix - Metro and East Valley Cities. in Maricopa County.   Here are the things I post about on Google Plus: 
  • Drunk driving, DWI, DUI Laws
  • License Suspension/Revocation  
  • Constitutional rights topics
  • Breathalizers, and chemical Testing
  • Consequences and penalties 
  • New legislation
  • State & Federal Court opinions and rulings  
  • News and articles reviews and discussions
  • Task Force & checkpoint updates
  • Court Procedures
  • Q. & A.s 
  • Current Events 
  • Law Videos 
  • Self-Help law resources
  • Interesting and creative quotes or stories
  • Share posts about Google + topics, trends and updates
All law videos are free to the public. They can be viewed at my Video Law Library at the following  YouTube Channel Link:  

 
All my books are free to the public. You can access and download them by visiting my Face Book Fn Page:  




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Former Prosecutor Maricopa County. Founder of Law Office of James Novak. Author of 3 DUI Defense Books.
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DUI & Criminal Defense Attorney
Employment
  • Law Office of James Novak
    DUI & Criminal Defense Attorney, 2001 - present
  • Law Office of James Novak
    Owner, 2001 - present
  • Maricopa County Prosecutor's Office
    Former Prosecutor, 1997 - 2000
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James Novak

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AZ Supreme Court Limits Warrantless Home Searches
  
Police are held to warrant requirements even if they are performing community caretaking duties.

The Arizona Supreme Court's ruling in this case provides  crucial protections in home search and seizure cases, and home privacy rights.
   
The case involved a man whose neighbors called police complaining that he was behaving erratically.  

When police and paramedics arrived at the man’s home, he told them that he and his family had been handling 7 pounds of mercury, and that it was inside the residence in a glass jar.

The man was taken to the hospital for evaluation and treatment due to concerns of mercury contamination.  

Though possession of Mercury in a home is not illegal, the officer and a firefighter at decided to enter the home after the man was taken to the hospital. 

The records show that the officer and firefighter felt the details surrounding the mercury may be useful to the medical provider to facilitate treatment.  

After entering the residence police detected the odor of Marijuana, and traced it to a utility room, where several plants were hanging. 
They did not find any mercury in the house; accept for some trace indications on the hallway floor which the firefighter determined needed to be cleaned up.  

The police then left and returned with a search warrant. 

The officer then seized the marijuana plants and paraphernalia.  
The suspect was then charged with marijuana production and marijuana paraphernalia possession. 

The trial court allowed the marijuana evidence to be admitted into trial, concluding that exigent circumstances existed allowing for just cause of warrantless entry and search of the home. 

The Arizona Appeals Court reversed the lower court’s decision holding that the exigent circumstances were not justified, and no other exceptions applied for entry into the home and seizure of the Marijuana. 

The Appeals court noted that to make a warrantless search or probable cause must exist that suggests that a crime is in progress or has taken place that would support issuing a warrant if time permitted.  

The possession of mercury is not unlawful in Arizona, no probable cause existed.  

Officers did not believe anyone else was in the home in need of aid in the event a large amount of mercury was found. 

So the Court of Appeals held that the emergency aid exception requires an objectively reasonable basis for believing the person in the home needed immediate aid citing Michigan v. King 2009.
 
They held that exigent and emergency aid exceptions did not since there was no evidence or indication that anyone in the house was in exposed to a large amount of mercury, and in need of emergency aid.

The State appealed to the AZ Supreme Court seeking review on only one other exception to the warrant requirement, the community caretaking exception. 

The Arizona Supreme Court determined that police are not exempt from warrant requirements, even to perform community caretaking functions. 

Further the Arizona high court noted that the community caretaking exception applies only to automobiles and not private residences or homes. 

They concluded that to extend such exception to homes would significantly reduce privacy protections within the home currently afforded by the Arizona Constitution. 
.  
Thus, the Marijuana evidence obtained during the warrantless search is disallowed. 

Featured Topics you will find in this Article  
• Case overview; 
• The incident that led to arrest;  
• Case proceedings and rulings of the courts;  
• Arizona Constitution “Right to Privacy”; 
• Fourth Amendment of the US Constitution- Price Protections;  
• Community Care Taking Doctrine – Why it did not Apply;       
• Marijuana Laws in Arizona
• Criminal Defense Attorney Mesa AZ;  
• Official Resources for citations and related articles 
• Criminal Defense Impacts of Unlawful Entry, Search or Seizure 
 *Impacts in Criminal Defense* 
As illustrated in this case, when a suspects rights are violated particularly in the course of search and seizure activities by police, the defense can file a motion to suppress the evidence. 
If the trial Judge agrees to suppress the evidence, then any fruits of that search and seizure that took place prior to the violation may not be used against the defendant at trial. 

Generally when material evidence is suppressed, it results in case dismissal or acquittal. 

This is one reason why it is very important to retain an experienced criminal defense attorney to represent you in your case. 

There may be defense you are not aware of that if applied, can be result in suppression or dismissal of the evidence. 

In the least you should always consult a highly skilled criminal defense Attorney to discuss your options for defense. 

#ArizonaSupremeCourtRulings
#UnlawfulSeasrchandSeizureMarijuanaDefensweAttorney
#DefensesforMarijuanaCrimes
#CriminalDefenseAttorneyMesaAZ

http://blog.arizonacriminaldefenselawyer.com/2015/06/arizona-supreme-court-limits-warrantless-home-searches.html
 
Arizona Supreme Court Limits Warrantless Home Searches
  
Even while performing community caretaking duties, police must adhere to search warrant requirements.
 
The Arizona Supreme Court's ruling in this case provides  crucial protections in home search and seizure cases, and home privacy rights.
   
The case involved a man whose neighbors called police complaining that he was behaving erratically.  

When police and paramedics arrived at the man’s home, he told them that he and his family had been handling 7 pounds of mercury, and that it was inside the residence in a glass jar.

The man was taken to the hospital for evaluation and treatment due to concerns of mercury contamination.  

Though possession of Mercury in a home is not illegal, the officer and a firefighter at decided to enter the home after the man was taken to the hospital. 

The records show that the officer and firefighter felt the details surrounding the mercury may be useful to the medical provider to facilitate treatment.  

After entering the residence police detected the odor of Marijuana, and traced it to a utility room, where several plants were hanging. 
They did not find any mercury in the house; accept for some trace indications on the hallway floor which the firefighter determined needed to be cleaned up.  

The police then left and returned with a search warrant. 

The officer then seized the marijuana plants and paraphernalia.  
The suspect was then charged with marijuana production and marijuana paraphernalia possession. 

The trial court allowed the marijuana evidence to be admitted into trial, concluding that exigent circumstances existed allowing for just cause of warrantless entry and search of the home. 

The Arizona Appeals Court reversed the lower court’s decision holding that the exigent circumstances were not justified, and no other exceptions applied for entry into the home and seizure of the Marijuana. 

The Appeals court noted that to make a warrantless search or probable cause must exist that suggests that a crime is in progress or has taken place that would support issuing a warrant if time permitted.  

The possession of mercury is not unlawful in Arizona, no probable cause existed.  

Officers did not believe anyone else was in the home in need of aid in the event a large amount of mercury was found. 

So the Court of Appeals held that the emergency aid exception requires an objectively reasonable basis for believing the person in the home needed immediate aid citing Michigan v. King 2009.
 
They held that exigent and emergency aid exceptions did not since there was no evidence or indication that anyone in the house was in exposed to a large amount of mercury, and in need of emergency aid.

The State appealed to the AZ Supreme Court seeking review on only one other exception to the warrant requirement, the community caretaking exception. 

The Arizona Supreme Court determined that police are not exempt from warrant requirements, even to perform community caretaking functions. 

Further the Arizona high court noted that the community caretaking exception applies only to automobiles and not private residences or homes. 

They concluded that to extend such exception to homes would significantly reduce privacy protections within the home currently afforded by the Arizona Constitution. 
.  
Thus, the Marijuana evidence obtained during the warrantless search is disallowed. 

Featured Topics you will find in this Article  
• Case overview; 
• The incident that led to arrest;  
• Case proceedings and rulings of the courts;  
• Arizona Constitution “Right to Privacy”; 
• Fourth Amendment of the US Constitution- Price Protections;  
• Community Care Taking Doctrine – Why it did not Apply;       
• Marijuana Laws in Arizona
• Criminal Defense Attorney Mesa AZ;  
• Official Resources for citations and related articles 
• Criminal Defense Impacts of Unlawful Entry, Search or Seizure 
 *Impacts in Criminal Defense* 
As illustrated in this case, when a suspects rights are violated particularly in the course of search and seizure activities by police, the defense can file a motion to suppress the evidence. 
If the trial Judge agrees to suppress the evidence, then any fruits of that search and seizure that took place prior to the violation may not be used against the defendant at trial. 

Generally when material evidence is suppressed, it results in case dismissal or acquittal. 

This is one reason why it is very important to retain an experienced criminal defense attorney to represent you in your case. 

There may be defense you are not aware of that if applied, can be result in suppression or dismissal of the evidence. 

In the least you should always consult a highly skilled criminal defense Attorney to discuss your options for defense. 

#ArizonaSupremeCourtRulings
#UnlawfulSeasrchandSeizureMarijuanaDefensweAttorney
#DefensesforMarijuanaCrimes
#CriminalDefenseAttorneyMesaAZ

http://blog.arizonacriminaldefenselawyer.com/2015/06/arizona-supreme-court-limits-warrantless-home-searches.html
"Police officers are not exempt from search warrant requirements, in order to perform community caretaking duties."    Under the Fourth Amendment of the U.S. Constitution and the Arizona ...
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Featured Plusbuz.com Social Profile

+Dr Tammy Cashion was featured by +Jo Ann Freeboom Plusbuz.com as a Prominent Social Business that uses social media to expand her reach, connect and provide educational resources.  

+Dr Tammy Cashion provides professional and experienced physician services in wellness, chiropractic, and acupuncture.

I  highly recommend that you connect and share with +Dr Tammy Cashion on Google Plus.  
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+Steve P aren't we all blessed to have amazing people here on gplus ?! 
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If You Think You're Rich...

+Samuel Philip Thank-you for this awesome post!

+Samuel Philip Reminds about the meaning of truth wealth. 

Have a great day, and enjoy all the things you have! 

#Wealth  
#Riches  
 
DEAR FRIENDS FIND OUT THINGS THAT MONEY CAN'T BUY.
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+My Cat Skittles I appreciate ur humble words but dear everyone cant be +My Cat Skittles  that's the reason why  ppl don't fear god becoz we see tomorrow as the same yesterday with no hope just  running after money, busy, tensions etc   but there r  few ppl like u who r satisfied with life becoz we know  tomorrow the sun will shine thats hope and faith in god  many  ppl   think money is life line for them they  never value time or family or relations they get more focused on earning millions I believe in the end of day  we all need is one loaf of  bread for survival that to with dignity this money minded  attitude makes an individual a looser in  faith opportunity and spirituality. 
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Law Scholar Collection 

Here is a collection of the best law posts selected 
from #PlusAttorneysandFriends  Community over the last three weeks. 

These posts were selected due to their high quality content and curations, engagement, education and consumer resource value. 

You can be a law scholar too. You don't have to be an attorney or law professional. 

If you would like to get your post or content shared in the Law Scholar Collection, visit this original post to find out how.

We hope to see your great posts and engagement soon! 

#LawScholarCollection  
#PlusAttorneysandFriendsLawScholars  
 
Law Scholar Collection Picks
 
Here are the #LawScholarCollection  posts selected from those posted between June 16, 2015 to to July 11, 2015.

These posts were selected from #PlusAttorneysandFriends
Community. https://goo.gl/slhie0

To find out how to get your post to quality for the Law Scholar Collection next month see the original post:   https://goo.gl/unWgkB

Congratulations Law Scholars! 

#LawScholarCollection  July 11, 2015
#PlusAttorneysandFriendsLawScholar  
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Loving Summer Vacation 

+Dr Tammy Cashion , shared this post.

Our good friend, +Dr Tammy Cashion 
Shares a  photo while on her well deserved summer vacation.  Enjoy!

#SummerVacations  
 
Out with my folks seeing some Awesome cars.....
#lovesummervacation
Xoxoxo
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+Dianna Dingle glad u liked the visit here - nice to have u pop over ! 
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"God Bless the U.S.A"   Song by: Lee Greenwood

+Stokley Caine Shared this timeless tribute. 

"If tomorrow all the things were gone
I worked for all my life
And I'd had to start again
Just my children and my wife

I thank my lucky stars
To be living here today
'Cause the flag still stands for freedom
And they can't take that away

And I'm proud to be an American
Where at least I know I'm free
And I won't forget the ones who died
Who gave that right to me

And I gladly stand up next to you
And defend her still today
'Cause there ain't no doubt I love this land
God bless the U.S.A.

From the lakes of Minnesota
To the hills of Tennessee
Across the plains of Texas
From sea to shining to sea

From Detroit down to Houston
And New York to L.A.
Where there's pride in every American heart
And it's time we stand and say

And I'm proud to be an American
Where at least I know I'm free
And I won't forget the ones who died
Who gave that right to me

And I gladly stand up next to you
And defend her still today
'Cause there ain't no doubt I love this land
God bless the U.S.A.

And I'm proud to be an American
Where at least I know I'm free
And I won't forget the ones who died
Who gave that right to me

And I gladly stand up next to you
And defend her still today
'Cause there ain't no doubt I love this land
God bless the U.S.A."

Happy Birthday USA

 http://youtu.be/Q65KZIqay4E

#FourthofJulyTributes  
#GodBlesstheUSA  
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of one of " to your tour  of life bro "  of a 20 year  Marine  " thank you  bro " life of you of a Marine !
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Check out this Health Collection

By: +Jo Ann Freeboom 

Here are 45 great posts to help you improve your health and longevity. 

#CCClubCollection
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James Novak

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My New Favorite G+ Collection

+Jo Ann Freeboom  Created this awesome G+ Focus Weekend Shots Collection. This is just one of many fabulous Collections on Google Plus.  

+Jo Ann Freeboom has Master G+ Collections, PlusBuz website, and Community, like no one else.  

She has made Collections an experience, by enhancing the G+ Collection, like nothing else on G+.   

Sit back, relax, and enjoy the ride, the scenery, the posts, and Collections compiled by +Jo Ann Freeboom 

If you wish to be a part of sharing posts, and collections and having yours shared,  you can visit the following post for more information: https://plus.google.com/+JoAnnFreeboom/posts/ZRbbZJUagLn

#WeekendShotsCollection  
#PlusBuz  
#CCC  
#BestCollectionsonGooglePlus  
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One of My Favorite Collections on G+ 

+Jo Ann Freeboom Shares her Global News Edition. It features popular news stories and articles from all continents. I highly recommend that you follow this Collection. Visit the original link to follow.  This is from +Jo Ann Freeboom G+ Plus Focus Collections. Follow, share, read, engage and enjoy!
 
#GPlusFocusCollections  
 
You had longed for it, and here it comes - The Weekend News Edition - Total Global Impressions Issue HERE : 
https://plus.google.com/u/0/b/106132221614780285591/collection/E4obV
#news
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Hahahhaha +James Novak u make me smile ! Happy Friday ! 
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How is Google Indexing Twitter? 

+Vincent Messina shared this update by +Eric Enge +Stone Temple Consulting 

+Eric Enge shares results of a new study which outlines
changes in indexing since the announcement the Google would be indexing Tweets.

#GoogleIndexingTwitterUpdate  
 
LIVE: New Study Showing Changes in Google Indexing of Twitter

Now that Google has begun implementing its "firehose" deal that gives it access to all tweets in real time, we wanted to find out how many more tweets are being indexed.

In this new study we do a direct comparison of a large database of Twitter users, looking at how many of their tweets were indexed in February 2015 vs. how many show up in Google now.

Read the study below to see what we discovered!
Back on February 4th, 2015, the news broke on a new deal between Google and Twitter, and on May 19th the the new deal went live. Back on February 10, 2015, we t
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+Eric Enge You are very welcome. I found it extremely enlightening.  I would love to see how this graph looks in 6-12 months. +Stone Temple Consulting 
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How did Your Day Go? 

+Jo Ann Freeboom shared this Terabit Maelstroming  from
+Paul Meulman 

This is a spectacular GIF.  But I hope your day was full of sunshine and not a turbulent storm that went like this:-) 

#SpectacularGIFs  
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Love this.
Drama-galore!   :>)
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Happy July 4th, 2015

+dora arredondo Shared this post.

 #EffielTowerChallenge 
 
Happy fourth of july weekend

My 5th day on effiel tower challenge on five days once day.. Challenge
+Michael L.O.

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+My Cat Skittles I'm so glad to hear your recuperating. It sounds like you have a loving and supportive son.  Get well soon. :-) 
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James Novak's +1's are the things they like, agree with, or want to recommend.
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Google+ Collections are a new awesome feature from Google and here is a guide covering just about everything you'll need to know!

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Google wants to rank websites based on facts not links - 28 February 201...
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Being trustworthy and accurate could help a web page rise up Google rankings if the search engine giant starts to measure quality by facts,

Dog Shows Up at Hospital Where Owner Is Battling Cancer - ABC News
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A miniature Schnauzer in Cedar Rapids, Iowa, ended up at the hospital where her owner is battling cancer, though the dog was originally 20 b

Do you have a car on the Takata airbag recall list? | Steve Gursten
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Last week, I wrote about the massive Takata airbag recall. These airbags have malfunctioned during deployment, sending shrapnel flying throu

How Attorneys Can Write Better Website Content and Get More Clients
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Attorneys helping other Attorneys in Social, Organic and Local Search

New home test shakes up colon cancer screening
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Associated Press historical news archive articles dating back to 1985

AMMA Today: What’s Covered, What’s Not Under Arizona’s Medical Marijuana...
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“Patient-to-patient sales and transfers were never intended under the law. Why it’s no longer being prosecuted”. On-Line Marijuana Purchase

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The 2014 Big Tex Choice Finalists for the 2014 State Fair of Texas

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There's something not-quite-right with this 'Downton Abbey' Season 5 photo released Thursday. Something is amiss, you see, and Lord Grantham

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As Adrian Cronauer, Robin Williams made the troops laugh, playing a passionate radio DJ in the 1987 movie. Off-screen, Williams performed a

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Get critical alerts sent to you by email whenever The Dog Food Advisor becomes aware of a dog food recall for products sold in the US or Can

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The spring and summer months bring out the motorcycle enthusiasts “in earnest”. Riding a bike on the open road can be one of the most exhila

Insurance Law Help | What Is The Minimum Liability Auto Insurance Covera...
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In every state in the U.S. from California to Rhode Island, every driver of a motor vehicle is required to carry a minimum amount of auto in

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“Impaired Driving Accidents are multifaceted. They usually result in collateral damage that crosses over from criminal law to personal injur

Excellent! The representatives at this Data Doctors have been outstanding. John and Calvin have been helpful, accommodating, accessible, and professional. They are extremely informed on technical issues, and offer services that fit the needs of my computer for business. They offer remote clean-up services which is very convenient. When they say "Call us if you need any assistance" for your computer, software, or maintenance needs they are sincere. I have. And they've always been there for me. Thank-you Data Doctors, John, and Calvin.
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Public - 2 months ago
reviewed 2 months ago
I have connected with Matt Willens through the legal community on social media. His case results and reviews by personal injury victims and their families whom he has represented, speak for themselves. He generously provides content and other resources on the web to educate and raise awareness about a variety of topics that will help those involved in an injury. If I needed a referral for a personal injury attorney in Chicago, Rolling Meadows, or surrounding cities, I would not hesitate to refer them to Willens Law Office.
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Public - 2 months ago
reviewed 2 months ago
I recommend Kimberly Bishop of the The Bishop Law Firm for Social Security Disability and Claims representation. She is experienced, knowledgeable, and effective. She is well respected by her peers in the legal community. Attorney,Kimberly Bishop generously provides legal, and medical web resources to educate the public and assist those eligible who suffer from disabling medical conditions, to qualify for Social Security Disability Benefits. If you need a disability attorney for Social Security in or near Raleigh NC, I highly recommend Kimberly Bishop of The Bishop Law Firm.
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Public - 4 months ago
reviewed 4 months ago
I am familiar with Michael Goldstein of Goldstein Law through contacts in the legal community. He has been professional and generous in sharing his own and other related DUI and Criminal Defense education resources. I consider him to be loyal and passionately committed to defending criminal and DUI charges, as well as the constitutional rights of his clients, If I needed a referral, or anyone I knew faced criminal or DUI charges in Sherman Oaks, San Fernando Valley or Los Angeles, I would not hesitate to retain experienced and highly skilled attorney Michael Goldstein and Goldstein Law Group.
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Public - 5 months ago
reviewed 5 months ago
18 reviews
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Christopher Hoffman of The Hoffmann Law Firm a hard working, and highly skilled attorney. I am a peer of Christopher Hoffmann's in the legal community, and recognize him and and his practice, as a leading law firm for personal injury in St. Louis, MO. The Hoffmann Law Firm has a long track record of obtaining favorable and fair settlements for Their clients. He diligently fights to make sure all victims, and families in the case of wrongful death, obtain the financial compensation and medical reimbursements they are entitled to from those liable. If I needed an attorney for a serious injury accident in St.Louis Mo, the attorney I would call or refer to, would be Christopher Hoffmann of The Hoffmann Law Firm, L.L.C.
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Public - 4 months ago
reviewed 4 months ago
Kimberly Diego is a leading criminal defense attorney in Denver, and highly respected by her peers in the legal community. She is knowledgeable, professional, and accessible. She works hard for her clients to assure they get the best possible outcome in their case. If a friend or family faced criminal or DUI charges in Denver, I would without a doubt refer them to Law Office of Kimberly Diego.
Public - 4 months ago
reviewed 4 months ago
I am familiar with Dmitry Gorin of Eisner & Gorin LLP through the legal Communities, and networking. He is knowledgeable, experienced, and highly skilled. He is well respected by this peers. Dmitry Gorin generously shares his vast knowledge in the areas of DUI and Criminal defense, and draws from it to provide solid and effective criminal defense representation. He fights hard to protect the rights and freedom of his clients, and tenaciously pursues the best possible outcome in their case. I highly recommend retaining Dmitry Gorin of Eisner & Gorin LLP if you face DUI or Criminal charges in Van Nuys, or Los Angeles, CA.
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Public - 5 months ago
reviewed 5 months ago