Daniel Aaron Horowitz’s Answers

Daniel Aaron Horowitz

Lafayette Personal Injury Lawyer.

Contributor Level 10
  1. Federal indictment/charges (criminal case)

    Answered about 1 year ago.

    1. Michael Kevin Cernyar
    2. Anthony Michael Solis
    3. Vijay Dinakar
    4. Christine C McCall
    5. Daniel Aaron Horowitz
    6. ···
    7 lawyer answers

    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...

    9 lawyers agreed with this answer

  2. Federal (white collar) criminal case/trial.

    Answered about 1 year ago.

    1. Michael Kevin Cernyar
    2. Christine C McCall
    3. Daniel Aaron Horowitz
    4. James Donald Garrett
    4 lawyer answers

    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?

    8 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. James E Dunn
    2. Michael Jon Fremont
    3. Hudson Thomas Bair
    4. Kiarash Feyzjou
    5. Jared M Thompson
    6. ···
    8 lawyer answers

    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...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. DUI .08 BAC slight property damage should I accept wet reckless? attorney thinks this is the best I can get.

    Answered almost 2 years ago.

    1. Daniel C Grupenhagen
    2. Christopher Gerard Frey
    3. Elliot Rahmim Zarabi
    4. Bradley R Corbett
    5. Daniel Aaron Horowitz
    6. ···
    11 lawyer answers

    This is an interesting question. You have not (and cannot in this context), provided enough information for anyone to disagree with the advice of your attorney. Ultimately, (and this is why I'm answering this question), client's should go with their attorney's advice - EXCEPT when they have picked the wrong attorney. In other words, if you and the attorney have good communication, if he/she cares about your case and understands the facts, then, you (and clients in general), should follow...

    7 lawyers agreed with this answer

  5. 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?

    Answered about 1 year ago.

    1. Daniel Aaron Horowitz
    2. Sholeh Iravantchi
    3. Anthony Michael Solis
    4. Kiarash Feyzjou
    5. Michael Kevin Cernyar
    6. ···
    6 lawyer answers

    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 !

    5 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Nicholas Milan Loncar
    2. Ray Shane Ibarra
    3. Mark A. Broughton
    4. Daniel Aaron Horowitz
    4 lawyer answers

    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.

    4 lawyers agreed with this answer

  7. My race is listed incorrectly on my notice to appear. Can this error be used as a defense?

    Answered almost 5 years ago.

    1. Daniel Aaron Horowitz
    2. James Brian Campbell
    3. John Patrick Guidry II
    4. Lenell Rae Nussbaum
    4 lawyer answers

    Ethically you don't want to lie, so it doesn't make sense to claim it wasn't you if it was. However, that being said, there is nothing wrong with putting them to "the test". If you have a representative appear for you while you sit in the audience, it would be very interesting for the court to hear the officer and then have your representative ask the officer to review the ticket for accuracy. If he says it is accurate, ask him to identify you in the courtroom. If he can't, ask for a...

    Selected as best answer

  8. How likely is it at the DA will file charges?

    Answered about 1 year ago.

    1. Greg Thomas Hill
    2. Mark A. Broughton
    3. Stephen F Wallace
    4. Daniel Aaron Horowitz
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. $70 embezzlement by a minor in the state of California?

    Answered about 1 year ago.

    1. Michael Kevin Cernyar
    2. Dan Eugene Chambers
    3. Vijay Dinakar
    4. Daniel Aaron Horowitz
    4 lawyer answers

    The other answers are completely accurate. I wanted to add this. Find a LOCAL attorney, a Napa area attorney who knows the juvenile charging deputy and who has community ties. He/she should put together a plan and proposal for the employer and law enforcement that protects you. It is not difficult but it requires someone knowing what will or will not work in your community. Daniel

    2 lawyers agreed with this answer

  10. Failure to provide defense with discovery.

    Answered almost 5 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. Alexander Thomas Henderson
    3. Daniel Aaron Horowitz
    4. Richard Wagner
    5. Howard Woodley Bailey
    5 lawyer answers

    You have received numerous excellent technical answers. I want to supplement to raise the point that discovery battles are a major problem for defense attorneys. Unless you have unlimited resources or your attorney has unlimited time, these battles over discovery sap defense resources. Rarely, very rarely do we obtain information of much value at the end of the day. Motions to dismiss rarely succeed even though technically they should. In the end, grey areas, late or partial discovery,...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

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