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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!"
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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: 
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  • Breathalizers, and chemical Testing
  • Consequences and penalties 
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  • 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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  • 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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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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dear happy independence day god bless u and America.ty
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Hot Car Warning 

+Debrah Diva shared this to #AdvocatesforAllthings  from +Michael Ehline from +Christy Campbell 

Animal fatalities are completely preventable.  

Dogs can tolerate even less heat than humans. If the heat is unbearable for you, it can be fatal for your dog or cat. 

Please leave your dog at home if you can't take them inside with you. 

#HotCarWarning  
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+sabrina goire Yes, they are. They deserve so much more. Thank-you! 
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Share and be Shared 

+Jo Ann Freeboom Shared this post. 

The Circle Club Collection #CCC will help you get visibility for your high quality posts, and connect with people who share your same interests.  
To find out how, go to the original post.

Enjoy Collecting and displaying yours! 

#CCC  
#CollectingonGooglePlus  
 
#CCC Club Collection   #Share  - June 28, 2015 - Enter and be shared 
ACT #NOW  !! »»»   To JOIN, just share this post  !
>To add members of this collection, go here  : plusbuz.com/ccc.html
>To share ancient circles, try these 55 : plusbuz.com/shares.html

In the Circle Club, you'll find highly active Influencers and Engagers, Thinkers, Geeks, Activists,  Photographers, Circle Sharers,  Multiple Humorous Folk - this is above all a must have Growth-Circle-Mix you need to follow and have following you !
These are people who will share and re-post your collections and all your other content, IF they find it has value. Get on board, share and spread, and let's try to make this fine network a very useful place !
With that sure expectation, how can you stand aside ?

Important, please
1. →share this collection TO PUBLIC. This is essential.
2. Comment in the comments section below, to make sure we realize that you shared.
3. Add a link to your favorite post in the comments below here... one when you join will do.  This must be an original post, not a reshared one !

  For Google Plus   #Promotions , go PlusBuz.com
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#share   #circleclub   #plusbuz               ✓
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Your Weekend Journal of Select Posts

+Jo Ann Freeboom spotlights 22 of the best posts from the week from her collections, in her New Weekend Journal of Select Posts.

Find out how to get visibility for your posts and collections, while growing your following by going to the original post by +Jo Ann Freeboom 

#CircleClubCollection  
#CCConGooglePlus
 
 
CLICK below to browse Your Weekend Journal - 22 Selected Posts  https://plus.google.com/u/0/b/106132221614780285591/collection/E4obV 
CircleClub Members share and get shared @ plusbuz.com/join.html

#gplus #focus #news   #share
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+Dianna Dingle Lunch and Dinner too. Thanks Dianna!
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Share and Be Shared Daily Focus Collection 

+Jo Ann Freeboom shared this Web SEO Google Marketing Collection. 

You can share and post a link in this collection for it to be shared. Go to the original post for more benefits of the Shared Collection Club. 
 
The Daily FOCUS Collection - WEB Issue 01|2015
Have a peek inside if health is of any interest to you, and/or become a member if you'd like to take part.  It's easy ! People would appreciate your knowledge.

#web #seo #google #marketing #focus
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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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dear happy independence day to you let god bless America and its  martyr who laid down their life for the freedom of this lovely country.
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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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Circle Club Member Share

+Jo Ann Freeboom Shared this post. 

Share and be Shared 

 Shared this post. 

The Circle Club Collection #CCC will help you get visibility for your high quality posts, and connect with people who share your same interests.  
To find out how, go to the original post. 

Enjoy Collecting and displaying yours! 
 
#CCC Club Collection   #Share  - June 21, 2015 - Enter and be shared 
ACT #NOW  !! »»»   
To JOIN, just share (below) or go here : plusbuz.com/join.html
>To view our FOCUS collections, look here : https://goo.gl/SaUzcT >To add members of this collection, go here  : plusbuz.com/ccc.html
>To mindlessly share circles, try these 55 : plusbuz.com/shares.html

In the Circle Club, you'll find highly active Influencers and Engagers, Thinkers, Geeks, Activists,  Photographers, Circle Sharers,  Multiple Humorous Folk - this is above all a must have Growth-Circle-Mix you need to follow and have following you !
These are people who will share and re-post your collections and all your other content, IF they find it has value. Get on board, share and spread, and let's try to make this fine network a very useful place !
With that sure expectation, how can you stand aside ?

Important, please
1. →share this collection TO PUBLIC. This is essential.
2. Comment in the comments section below, to make sure we realize that you shared.
3. Add a link to your favorite post in the comments below here... one when you join will do.  This must be an original post, not a reshared one !

  For Google Plus   #Promotions , go PlusBuz.com
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Trust and Google Plus 

+David Amerland shared this post on Twitter, and I had to have it on my G+ page. 

+David Amerland often gets the question of why he is on G+....so much.  

I've often gotten the same question. And as much as I've tried to explain my answer, it was never delivered as well as this, which describes my same sentiments.

Much of it has to do with trust. G+ has provided us with a platform that enables us to connect, communicate, and build meaningful relationships with others who have similar interests and goals on Google Plus. 

Dave then provides a diagram in which he outlines the impacts and relationship of transactional trust and the reciprocity response. 

Thank-you for this post +David Amerland 

#GooglePlusNetworking  
 
Why I am on G+ so much

I had to explain to a corporate colleague, yesterday, why I spend so much time and energy on G+ engaging and interacting, putting up original content (when my website should be really benefiting from it) and sharing a lot of original information and insights (which should logically be kept for my books which bring me money.) 

It was a fair question which became the initiation point for a long discussion into which were also drawn his line manager and the company's Corporate Communications expert. 

I had to delve deep into my own motivations in order to actually make sense to people who don't use G+ and see social networks only as a marketing tool. As the discussion evolved I used their Whiteboard to sketch a few connections and relationships. I began to explain that there is a high level or reciprocity within G+ that is not evidenced in Twitter or even Facebook despite the fact that the latter is mostly close friends and family.

Once I started to look at it through the prism of Trust (which is the subject of an upcoming book which has me buried in research as well as writing) things began to fall into place.

What's more, the usual 'soft' platitudes of making friends with people you have never met and actually trusting them, suddenly began to make more sense.

Everything here is a contract of sorts, running on Transactional Trust and governed by the Reciprocity Response (https://goo.gl/mPAJWc). Transactional Trust, in turn, is made up of three other different types of trust, each of which has its own key points.

Not only does this help all of us interact in ways which provide mutual gains but it allows us to interact with different people, differently, calculate 'trust' differently for everyone and differently for each situation while still understanding that it is trust we use. 

Trust is the key ingredient in establishing and strengthening connections between individuals which then begin to figure into such other concepts as identity, self-worth and the establishment of one's presence. In semantic search trust is the key value ascribed in the interaction and engagement between Entities. 

When I got home my Whiteboard doodle became the diagram you see below. Have one awesome Saturday. :) 
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+samuel fillips Yes, I agree. Thank-you friend.  
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The Pedestrian Hazard of Electric Cars 

+Jonathan Rosenfeld of +Rosenfeld Injury Lawyers 
Personal Injury Attorney in Chicago Illinois insight into the proven hazards of electric cars to pedestrians. 

#PersonalInjuryAttorneyChicagoIL  
 
Most safety concerns have focused on the electric vehicle missing audible indications that the automobile is no longer standing still. 

This poses a significant problem to the cyclist or pedestrians in close proximity to the vehicle, especially those who are partially-sighted or blind.

I anticipate that we will see a lot more accidents involving these vehicles in the future. What do you think?

#electriccars   #cyclistsafety   #pedestriansafety  
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If this can be applicable to trolleys, yes, I absolutely agree. Here in Philadelphia, we have two kinds of trolleys: 1)on tracks only 2) trackless trolley bus (which runs on diesel too.) You cannot hear the latter even as it speeds toward you until it's right up on you, which is scary.
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Attorney Fees: How Much doesPrice Matter? 

+Mark Markus +Law Office of Mark J. Markus Los Angeles Bankruptcy Bankruptcy Bankruptcy Attorney Los Angeles CA discusses the i  significance of attorney fees in your choice to hire an  an Attorney for your case. 

+Mark Markus  provides an objective view of how  much weight should be placed on attorney fees  and the other factors that should be considered.

  Questions for Discussion

   1. How much weight do you think should be placed on selecting an attorney?

   2. What is your view of a higher priced attorneys v. attorneys who charge less?

   3.  What factors do you consider in the decision to hire an attorney, other than price? 

#BankruptcyAttorneyLosAngeles  
#BankruptcyAttorneyFeesLosAngeleseCA  
 
Is there a relationship between how much a #bankruptcyattorney  charges and the results that are obtained?  The key seems to lie in researching the attorney's qualifications and other factors, but fees are definitely a tip-off... #bankruptcyfees  
How important should the cost of an attorney be in your decision making? Does paying more mean a better attorney? Does paying less mean problems?
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Public - a month ago
reviewed a month 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 - a month ago
reviewed a month 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 - 3 months ago
reviewed 3 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 - 4 months ago
reviewed 4 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 - 3 months ago
reviewed 3 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 - 3 months ago
reviewed 3 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