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Daniel Aaron Horowitz

Daniel Horowitz’s Answers

86 total


  • Woman moved fr John Muir to Manor Care receiving substantially lower standard of care Malpractice or insurance issue?

    Can not provide details in public forum

    Daniel’s Answer

    I know the facility that you reference. Believe me, there are many far worse. It is likely an insurance issue but one factor you need to consider is this. Manor is close to John Muir. If anything goes wrong, you are minutes away. I have also had positive experiences with Manor Care administration whenever I have had a concern that needed to be addressed. I hope this helps.

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  • How likely is it at the DA will file charges?

    My friend was arrested after possessing 10 individual baggies of cocaine, he was arrested for possession of cocaine and possession of cocaine for sale....however he was released from the jail 2 days later under the release type "Past time for prob...

    Daniel’s Answer

    Unless your friend provides information regarding his source, he will be charged. One of the people answering this question is an attorney in your area. Your friend should contact him ASAP.

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  • DMV raided my home today to pick up my Notary journal for an entry I did for someone who is under criminal investigation.

    Two weeks ago someone came to my home, left a business card & when I called him he was vague as to who he was & I told him I cannot just surrender my journal to anyone, he never said he was an "officer" if that were the case, I would have surrende...

    Daniel’s Answer

    This is not your problem. You need a criminal defense lawyer - right away. You were treated like a suspect and I would be very surprised if you are not being looked at for possible arrest. Sorry to give you this bad news but I've been doing this for a very long time and I have no doubt about this.

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  • MY HUSBAND WAS ARRESTED ON 08/06 HE HAS A FEW CASES ON IS RECORD BUT ONE OF THEM SAYS NO BAIL WHAT DOES IT MEAN?

    HE WAS IN PROBATION

    Daniel’s Answer

    It means that until he sees a judge he cannot post bail on that charge. Once he sees a judge bail will be possible. By now, he's probably seen a judge and you know all of this !

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  • Hi, my sister and I were coming home from droping my brother in law at work. When we got hit from the rear end by a drunk driver

    She then got out of the car and said I ain't paying for this. She yanked off her licence plate and left. The police arrested her that same night for a dui, turns out it was a hit run. She also had a suspended licence, she had no insurance. Anyw...

    Daniel’s Answer

    There are several things you need to do with a lawyer.
    1. Make sure the other driver has no insurance.
    2. Make a claim on your policy.
    3. Get a really good workup so that you don't miss any damages that will plague you long term.
    4. Put together a very detailed list of your losses including lost wages and future losses and submit these to the District Attorney / Probation for a restitution order.
    Remember that restitution in the criminal case is completely separate from what your insurance company will pay you. In other words, you can collect on BOTH. If anyone tells you that you can't, they are wrong. The other driver may have nothing now but your restitution order never expires. Get a lawyer for all this, there are lots of good ones in your area. (And don't use a 1-800 or out of town firm, use someone local. (and I'm NOT local so I'm not pitching me!)

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  • Officer stated there were 30 seconds to decide to take a blood test or not. Within 5 seconds he stated refusal. What now?

    No chemical test was taken. Blood test was verbally desired there after. Charged with refusal to commit to chemical testing. Will This Hold Up Against the DMV Hearing & in Court?

    Daniel’s Answer

    Of course you are in the "right" but as many of the comments indicate, how are you going to "prove" that you are right. Unless there is video footage, your comments will be subject to attack as the mistakes of a drunk. We do very well on refusal cases (as long as there isn't a compelled blood test with a high BA level !) However, to win them, we do a lot of investigation focusing on where you were before your arrest, how much (if anything you had to drink), bar receipts, restaurant receipts if possible - something to corroborate your version of the refusal. Then, in California we file a motion called a "Pitchess" motion where we look for previous instances where the officer may have been less than truthful or less than professional in the performance of his/her duties. ....

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  • Federal court criminal charges white collar case

    wondering if the following comment I heard someone make is somewhat factually accurate. if a defendant is charged in federal court by an information are the discovery rights more limited to the defense's counsel than if the defendant was charged b...

    Daniel’s Answer

    Maybe the person was indicating that at trial, after a witness testifies, his/her grand jury testimony (leading to the Indictment) (but not before). With a preliminary hearing, the testimony is in your hands right away. Of course, that is the opposite of what you wrote but I'm trying to give credence to the person giving you the information - Kind of a long shot answer but it was fun to try and figure out the puzzle.

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  • I have 2 warrants , one in San Francisco and the other in Alameda California . What should I do?

    The warrants are from the year 1994 . for fraud , the # for the one in San Francisco is S439378 . I do not have the warrant number for the warrant in Alameda California . What advice can you give me , can you look into this for me ? What are my op...

    Daniel’s Answer

    Thinking out of the box. Do what the attorneys above had said but also, contact a bail bonds company because in the end, you are going to have to surrender. Do this now, don't wait to get picked up by accident. So do this and what the other attorneys (above) have told you.

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  • Federal indictment/charges (criminal case)

    When a defendant is charged in a criminal matter in federal court by an ausa does the charging document/indictment allow the defendant to have a good idea of the evidence against them so that the defendant along with their counsel could adequately...

    Daniel’s Answer

    You asked a good question. There are two answers. 1. The indictment is supposed to limit the scope of the proof at trial. 2. A defendant is presumed to know what he/she did so that once charged a decision can be made whether to plead early. However, in reality, in federal court one of two things happens. Either the defendant very quickly tries to "cooperate" and either testify against others or make restitution or plead guilty .. or, if the case is overcharged or if the defendant is truly innocent, a very lengthy process of obtaining information, interviewing witnesses precedes any serious resolution discussions. Each case is different and there is a standard pattern for certain cases (like drug conspiracies or embezzlement cases), so, at best you're going to get a general answer. If you're in San Francisco you're in luck. Both the federal public defender and the federal defense bar is superb - maybe the best in the nation. Daniel

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  • Federal (white collar) criminal case/trial.

    Wondering if in a federal case when a defendant decides to go to trial is the jury pool based on members of the general public? Also does the jury pool ever come from members of the grand jury? (is this even allowed). Also how many jurors do th...

    Daniel’s Answer

    Don't get mad at me but. If you are asking these questions on AVVO, there is a breakdown in the relationship with your (or your friend/loved one's) attorney. That concerns me. The answers above are 100% right but my goodness, if you (or someone you know) is going to trial, the communication has to be better than this. What's going on?

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