Licensed for 14 years

State AZ

Acquired 2009

Status
Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

James David Smith

DUI and DWI Attorney at Scottsdale, AZ

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Resume

Cayce Sahr review

Confidence and support

This was the first time I had ever been in real trouble with the law. An office had attempted to give me a DUI due to the fact I have a Medical marijuana card legal in Arizona. Not only did Dave Smith win my case he also put my mind and ease, he gave me the support and confidence I needed to feel comfortable with the legal process and expectations at each step. He took all the anxiety and fear I felt when I was first pulled over and replaced it with confidence and reassurance. He took time to explain what to do during each part of my trail including when and where to go and what to do. He truly provided wonderful legal and moral support during an otherwise terrifying experience, and I am very grateful to have him on my side. I would suggest his services and use him myself in the future for any Legal advice.

About James

Learn James’s areas of practice.

Practice areas

Criminal defense

50%

Represent people facing a range of charges throughout AZ including but not limited to: Drug Possession, Assault, Violent Crimes, Theft Crimes, DUI, Juvenile Crimes, Misdemeanor Cases, Felony Cases
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DUI and DWI

50%

I offer aggressive and effective DUI defense strategies for those arrested throughout Arizona. Represent clients facing all charges including Agg DUI, Ex DUI, Underage DUI, Drug DUI, DWI, OUI
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14 years

ACCEPTING NEW CASES. GO TO COURT WITH A LAWYER THAT FIGHTS FOR YOU! EXPERIENCED CRIMINAL DEFENSE ATTORNEY THAT IS AN AGGRESSIVE ADVOCATE WITH PROVEN RESULTS. CONTACT TODAY AT 480-400-1194. CONSULTATIONS SAFELY BY PHONE OR VIDEO NOW AVAILABLE.

Mr. Smith is a U.S. Army Desert Storm war veteran. I work hard to deliver the highest quality counsel and representation in all Criminal, DUI, and Traffic Offense cases. Contact me today at. I provide my clients with intelligent, aggressive, and impassioned legal protection. I am well prepared to defend you. I am a well-prepared trial attorney, who provides a comprehensive defense against the State’s charges, and I have gained a reputation as an aggressive defender in the courtroom.

I attended the University of Phoenix and earned a Bachelor of Science degree in Business Administration. Thereafter, I attended law school at night for two years while at the same time working as a civil litigation paralegal during the day at one of the Nations's largest international law firms located here in Phoenix, Arizona. During my two years in law school, in addition to taking a full load of classes each semester and working days, I also split time as a staff editor on the Phoenix Law Review. I graduated cum laude from Phoenix School of Law in 2008.

Following law school, I started practicing criminal law at a large private firm. I quickly gained courtroom experience and honed my skills by managing a high volume of criminal defense caseload. I had immediate successes in the courtroom. My trial experiences amounted to superior results at one of the largest criminal law firms in Arizona. I am experienced in handling all kinds of felony and misdemeanor cases and highly emphasize DUI/DWI defense.

Awards

Client's Choice

2017

Photos and videos

Contact James

Rosenstein Law Group,

(480) 462-5273 Office

8010 E. McDowell Road

Suite 111

Scottsdale, AZ, 85257

scottsdale-duilawyer.com/

Chat Now Get Directions

AZ Defenders

(480) 462-5273 Office

404 E Southern Ave

Tempe, AZ, 85282

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Reviews

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5.0 / 5.0

33 customer reviews

5 Star

100%

4 Star

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2 Star

1 Star

Client's Choice

Client's Choice is an Avvo award granted to attorneys with a significant number of client reviews over 4 stars in a given year.

Posted by anonymous | October 12, 2019

Cayce Sahr review

I was very fortunate to have the Rosenstein law group work my case. They gave me a great deal. I would highly recommend James Smith to someone needing a defense attorney. James Smith and Steven Scharboneau worked vigorously on my case. They are extremely dedicated to their work. I was so confident in their work. I was able to focus on my life and not worry about my DUI. The money was worth not having anxiety about my case. That and the results James Smith produced.

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Posted by anonymous | July 5, 2019

Confidence and support

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Posted by anonymous | May 15, 2023

I am so thankful for him

I recently had the privilege of working with Dave Smith who is part of the group and I cannot express my gratitude enough for the outstanding legal support and guidance provided during a challenging time. From the moment I consulted this attorney, I knew I was in capable hands. First and foremost, their expertise in DUI law was simply unparalleled. Their attention to detail and thorough understanding of my case gave me confidence that I had chosen the right professional to represent me. What truly sets this attorney apart, however, is their unwavering commitment to their clients. From the initial consultation to the conclusion of my case, they demonstrated a genuine care for my well-being. They took the time to listen attentively, addressing my concerns and providing reassurance every step of the way. I never felt like just another case; they treated me as an individual and displayed empathy during what was an emotionally charged experience. Throughout the entire process, the attorney exhibited exceptional professionalism. They were prompt in their communication, promptly returning calls and emails and ensuring that I was always well-informed about the progress of my case. Their clear and concise explanations of complex legal matters helped me understand the potential outcomes and make informed decisions. Thanks to this attorney's expertise and tireless efforts, my case reached a favorable outcome that exceeded my expectations. They skillfully navigated the legal complexities, achieving a result that minimized the impact on my life and future. I am forever grateful for their legal prowess and unwavering dedication to securing the best possible outcome for their clients. I wholeheartedly recommend this DUI attorney to anyone in need of legal representation in DUI cases. Their exceptional skills, compassionate approach, and unwavering commitment to their clients make them a true asset. When facing the daunting challenges of a DUI charge, having this attorney by your side will provide you with the confidence and peace of mind you need to overcome those obstacles successfully.

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Posted by Tina | February 25, 2023

Dave Smith Rosenstein law group

When I search for my attorney, I had Jesus search with me we chose the Rosenstein law group together. This law group is so committed to their customers they call with new input. They are always keeping you informed as to what is going on and the best way to handle it, they have educated me and informed me on every aspect of my case they are outstanding most rewarding. I haven’t worked with other attorneys before in different matters my attorney, Dav Smith is outstanding. I am so thankful and blessed that I have chosen the Rosenstein law group, and so thankful that Dave Smith is my attorney. He’s kind he educate you. He never lose his patience. He’s thorough or what he’s telling you , he’s just an outstanding attorney. Thank you Lord for helping me pick out such an outstanding attorney and his law group highly recommend anyone needing a criminal attorney to check with the Rosenstein blog group and ask for Dave Smith. I don’t know the others I only know Dave Smith and I couldn’t be happier. We have a little more work to do but so far everything is is good thank you Tina Vacca

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Posted by Garett | January 20, 2023

Fantastic and Knowledgeable

Dave was able to prepare and negotiate on my behalf and arrange the best possible outcome.

Posted by anonymous | August 19, 2022

Attorney Dave Smith

I was fortunate enough to have Attorney Smith as a lawyer. He was able to successfully set aside my DUI conviction as well as have a 2nd Chance Certificate issued to me from the judge, what a fantastic attorney! I am very grateful and would definitely recommend him to others.

Posted by anonymous | July 28, 2021

Extreme DUI case dismissed !

After consulting multiple attorneys most of them settled on “hey take classes and this is what you’re going to get” approach . When i spoke to Dave i knew it was the right choice , he didn’t settle for “this is what you’re gonna get”, he took the “f that, let’s get this dropped” , loved that. He walked the walk and got it done , he’s very communicative, no BS and i was happy i hired him. Was very thorough with evidence , speaking to police, and communicating with me. I can’t thank him enough saved my career too! Again , thank you!

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Posted by Miles | May 9, 2019

A paragon of law, Dave Smith

I was charged with two counts of DUI- ("over the limit of .08" and "driving while impaired to the slightest degree"). The night of the incident, I had denied a field test and also refused the breathalyzer... so after being arrested I did the blood test at the station. Later, once the results were in, my BAC was said to have been 0.124%. After having many discussions with Dave about my case along with the State failing to offer any kind of lesser charge(s), we ended up deciding to go to trial and fight it. This was a yearlong process (the state taking it’s sweet time and having first had a mistrial) which both gave me enormous levels of stress… Once trial actually began, it continued for a total of 3 days with the third day only lasting until roughly 11am when the jury gave their verdicts. Dave pulled through like a boss throughout trial and put on a show for the jury and judge. Dave was brilliant in his approach. He also had completely honest and transparent conversations with me on what to expect before, during and after the whole litigation process. Moreover, we called in his expert to testify for us against the blood results and lab work… he was also magnificent himself in respect to his honest approach. In the end, both counts I was being charged with were found to be not guilty and resulted in quite an extraordinary feeling. I am beyond thankful for Dave Smith and The Rosenstein Law Group. The weight of the world has been lifted from my shoulders and I can’t smile big enough to show my gratitude. If you find yourself in a similar and dreadful situation as mentioned above, I would eagerly urge you to contact Dave Smith and The Rosenstein Law Group and let them put to ease your worries and charges. 100% recommended to everyone. Much love and respect. -Miles

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Posted by anonymous | June 27, 2018

STILL PINCHING MYSELF!!

I was very skeptical, not my first rodeo with the state, BUT I did retain Dave and after his explanations to me, of the best and worse case scenarios.....I still didn't believe it would turn out in my favor. WELL not only did he defend my case quickly and accurately BUT HE WENT ABOVE & BEYOND and the end result WAS BETTER THAN I EVER EXPECTED!! DAVE IS ONE AWESOME LAWYER! I highly recommend him for any criminal issues! Thank YOU DAVE, you gave me my life back & I will always be grateful!!! Support staff is also very compassionate, professional and knowledgeable. I hope I'm never in a situation like this again but if I do......DAVE IS THE MAN & THE BEST!!!!! 10 STARS ***********

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Posted by anonymous | January 23, 2018

They fight for you!

This law firm came recommended and now I know why! They did everything possible to prove my case as I was not driving nor was the car running. I hope to never use you again but I will always recommend you! They warned me that it could take a long time to resolve but it wasn't more than 6 months. I cannot thank you enough!

Posted by Stacie | December 27, 2017

Thank you, thank you, thank you!!!

Dave I couldn’t talk you up enough! You delivered everything you said and I received the verdict I wanted! I highly recommend this firm and especially Dave Smith. Thank you, thank you, thank you!!!!

Posted by anonymous | December 21, 2017

Polished and Effective

Dave was highly effective in the courtroom. He was overly prepared, quick on his toes, and very intelligent. He researched all the facts and targeted the charges from multiple angles. I would highly recommend him and his staff. They are top notch.

Posted by Collin | December 20, 2017

Hire Dave Smith!

Dave was the 3rd attorney I met with on the day I hired him. I could immediately tell he was a no nonsense guy. He was efficient, offered very comforting advise; he kept me out of jail twice, when I WOULD HAVE gone without his services. I have, and will continue to highly recommend him to all my friends and family in the future! He's a pretty cool guy as well.

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Posted by Ryan | November 6, 2017

Dave is awesome!

All I've got to say is Dave Smith is the man!! Communication was great and he was persistent on getting my wrongfully convicted criminal traffic ticket dismissed. I highly recommend him!

Posted by anonymous | October 27, 2017

Lesson learned

I couldn't have made a better choice than the Rosenstein law group when I found myself in an unfortunate situation. They were prompt and very informative in response. I appreciated the friendly and welcoming atmosphere, especially when dealing with such unfavorable issues. I truly felt that all avenues were addressed and covered with extreme expertise in regards to my case. Dave was especially accommodating to my needs, resulting in a truly successful outcome. He delivered exactly what was hoped for, therefore protecting my professional license, family and overall state of mind. I highly recommend this group, if ever found in a similar situation.

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Posted by anonymous | June 27, 2017

Highly Recommended DUI Lawyer

I was facing a very difficult situation when I approached Dave Smith. I was facing two DUIs in two jurisdictions. Mr. Smith went out of his way to help me with my cases. He consulted with all of his colleagues in order to get the best game plan for how to challenge the cases. He negotiated hard with the prosecutors to get me plea bargains. As a result of his work, I was able to get the best possible outcome for both cases considering the situation. After the cases were settled, he helped me navigate all the penalties I received. If a friend of mine were ever in the situation that I was in, I would recommend Attorney Dave Smith enthusiastically.

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Posted by anonymous | June 14, 2017

Thank you for fighting for me!

I made the biggest mistake of my life, after a night of drinking I got in my car and drove. I was pulled over in my own neighborhood. Literally 8 houses from home. I was arrested and looking at an extreme DUI. I was referred to Rosenstein Law Group by our family attorney. Dave was very kind and understanding, he didnt beat me down over my mistake he knew I was doing enough of that already. He fought for me amd never gave up on me. The DUI has since been dropped/dismissed. If you or someone you know finds themself in the same unfortunate situation, Dave is the man you want in your corner. Thank you Dave, and everyone else at Rosenstein! Much love!

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Posted by Steve | June 8, 2017

Grateful for Dave's Service

Dave took the time to really evaluate what my specific circumstances would require and the best strategy for my defense. My concerns for case outcome included the ability to travel outside the US, driving restrictions & licensing, effect on employment options, interests other agencies may have in the outcome, screening and sentencing with emphasis on overall impact, ease of compliance, the time sensitive nature of my situation, and ultimately the coordination of these various elements in an efficient plan of action. Once we decided on the best course, our plan proceeded without a problem as Dave stood with me to oversee the outcome. The results were better than I could have hoped for given the nature of the charges. I am eternally grateful to Dave for the way in which he helped me to understand the options, the process, rigorously defended the case, and coordinated the timeline. Thanks Dave. Great Job!

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Posted by anonymous | May 11, 2017

Professional and Attentive

Dave and his team were amazing! Very professional and attentive to the case. I would recommend Dave and his team to anyone in need of help with their DUI or DWI case. They were always there to answer any questions and put my worry to ease in such a difficult matter. The outcome was better than I could have hoped for. Thank you

Posted by anonymous | February 17, 2017

Aggressive defense for those who served our country

I am sorry it took me this long to personally thank Dave Smith for all the hard work he did for my case. Dave held steadfast for almost two years when things did not look good for me. During uncertain times, Dave continued to fight for me against all odds. This case seemed to sway back and forth due to the nature of my charges and the whims of the court. I was, and Dave as well, were never really certain of what the court wanted, and instead of letting me get down and quit, he fought for my benefits as a veteran of this country. The Veteran’s Court dismissal would not have happened without Dave’s due diligence. I cannot express enough what this decision, only achieved by his excellent work, has meant to my life. I am able to provide for my family. I am able to travel freely. But most importantly, I am able to have hope for my future. Since this dismissal I have produced a business plan and provided it to many potential investors, this would be impossible with a conviction on my record. I am also available to work as much as I want and apply for new jobs without the stigma of that conviction. There were many times where I had really thought that the best days of my life were in the past. I don’t know if Dave realizes that his perseverance to my case has changed the rest of my, and my families' lives for the better. In a very literal sense, Dave saved my life.

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Cost

Resume

AVVO RATING 10.0 (Superb)

Work Experience

Attorney
Rosenstein Law Group
2012 - Present

Attorney
The Law Offices Of David Michael Cantor
2010 - 2012

Attorney
Tharpe & Howell
2009 - 2009

ABA Certified LA
Greenberg Traurig, LLP (Phoenix, Az)
2002 - 2008

View all work experience

Education

Phoenix School of Law
JD - Juris Doctor Cum Laude
2008

The University of Phoenix
BS - Bachelor of Science
2001

Legal Cases

State v. Mr. R: ARS 28-1381(A1) & ARS 28-1381; ARS 28-1382(A1) Extreme; ARS 28-1382(A2) Super Extreme
All Charges Dismissed

State v. Ms. M: ARS 28-1381(A1) DUI Impaired & ARS 28-1381 (A2) DUI above .08 BAC
All Criminal Charges Dismissed

State v. Ms. N: ARS 28-1381(A1) DUI Impaired & ARS 28-1381 (A2) DUI above .08 BAC
Not Guilty All Criminal Charges

View all legal cases

Associations

National College of DUI Defense
Member
2012 - Present

Arizona Attorneys for Criminal Justice
Member
2012 - Present

National Association of Criminal Defense Lawyers
Member
2010 - Present

State Bar of Arizona
Member
2009 - Present

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Languages Spoken

English

Honors and Awards

The Best Lawyers in America®
Best Lawyers
2023

Peer Review Rated
Martindale-Hubbell
2020

Graduate Cum Laude
Phoenix School of Law
2008

Excellence for the Future Award - Contracts
CALI
2008

Excellence for the Future Award - Commercial Law
CALI
2008

Excellence for the Future Award - Torts/Personal Injury
CALI
2007

Excellence for the Future Award - Legal Writing
CALI
2006

View all awards

Publications

Attorney at Law Magazine
2020 Veterans in Law
2020

scottsdale-duilawyer.com
Can a DUI Conviction be Set-Aside?
2014

scottsdale-duilawyer.com
REQUEST POST-CONVICTION RELIEF
2014

scottsdale-duilawyer.com
Does the Officer Have to Sign the Ticket?
2014

scottsdale-duilawyer.com
Courtroom Nuances and Procedures
2014

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Speaking Engagements

BNI
Driving Under the Influence - Defeating Reasonable Suspicion to Stop
2022

National College for DUI Defense
2020 Annual Convention/Seminar Attendee
2020

National Association of Criminal Defense Lawyers
Annual Convention/Seminar Attendee
2020

National Association of Criminal Defense Attorneys
Annual Convention/Seminar Attendee
2019

National College for DUI Defense
2018 Annual Convention/Seminar Attendee
2018

National College for DUI Defense
2016 Annual Convention/Seminar Attendee
2016

Toastmasters
What To Do When Stopped After Drinking
2012

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Attorney endorsements

Received (22)

Given (19)

Endorse James

Howard Dworman

Criminal defense Attorney | May 18
Relationship: Co-worker

"Merely endorsing Mr. Smith would be a true understatement. Mr. Smith goes well above and beyond the basic needs of his clients. Leaving no stone unturned and thinking outside the box are only a couple of qualities he excels with. Mr. Smith is well known and respected in our community, and he fights every step of the way for clients. I endorse, as well as highly and strongly recommend, this lawyer."

Steven Scharboneau

Criminal defense Attorney | Oct 29
Relationship: Fellow lawyer in community

"Dave Smith is a highly skilled, professional and smart defense attorney. His passion for defending the rights of others, paired with years of experience, makes Dave invaluable to anyone seeking a lawyer to defend them in a criminal case. It is without reservation that I endorse Dave Smith"

David Maletta

Criminal defense Attorney | Apr 28
Relationship: Co-worker

"I endorse this lawyer. I have known James David Smith for over a decade. I have also worked with him for several years. He is a hard working, knowledgeable, and experienced attorney. Great DUI lawyer."

Gary Kester

DUI and DWI Attorney | Nov 19
Relationship: Fellow lawyer in community

"I endorse this lawyer. He will turn over every stone and investigate every lead to ensure your rights are protected. Zealous representation to be sure."

Tyler Allen

DUI and DWI Attorney | Nov 16
Relationship: Co-worker

"Dave is one of the best trial lawyers I have seen in a courtroom. His litigation skills and knowledge of DUI and Criminal law is excellent and I consistently call on him for advice in handling my own cases. Dave's aggressive advocacy is consistently effective in getting his clients great results. I would highly recommend Dave to anyone accused of DUI or any criminal offense."

Joseph Crary

Unknown Attorney | Apr 30
Relationship: Fellow lawyer in community

"I endorse this lawyer."

JC Cox

Criminal defense Attorney | Apr 28
Relationship: Fellow lawyer in community

"You will not find a more competent, capable and diligent attorney, who also happens to be a terrific person in general. I have consulted with David on numerous matters where our practice areas have overlapped and have always found his advice to be excellent."

Arthur Hall

DUI and DWI Attorney | Mar 31
Relationship: Worked together on matter

"Dave Smith is a relentless advocate for his clients. I worked along side Mr. Smith on several matters including DUI cases and personally observed his tireless efforts to accomplish the best possible results. I fully endorse this lawyer."

Christopher Lyons

Unknown Attorney | Mar 09
Relationship: Fellow lawyer in community

"Dave Smith is a well respected, intelligent, and aggressive defense attorney. If you are charged with a criminal offense whether it be a misdemeanor or felony, I highly recommend Dave Smith as he is both a brilliant negotiator and fierce trial attorney."

Gordon Thompson

DUI and DWI Attorney | Jan 08
Relationship: Fellow lawyer in community

"I endorse this lawyer. Mr. Smith recently won a hard fought motion to suppress in court and got the case dismissed as a result. I know from personal experience winning those motions is very difficult and winning it shows great skill on his part."

Bret Royle

DUI and DWI Attorney | Aug 10
Relationship: Fellow lawyer in community

"Mr. Smith is a highly effective and aggressive defense attorney. Any client would be fortunate to have him on their side. I strongly endorse this lawyer."

Ashley Sinclair Chambers

DUI and DWI Attorney | Jul 09
Relationship: Fellow lawyer in community

"J. Dave knows his DUI like none-other. He will work your case to the bone, and will leave no stone unturned until he achieves the best result possible for you."

Craig Penrod

DUI and DWI Attorney | Jun 12
Relationship: Fellow lawyer in community

"I endorse this lawyer."

Michael Waddington

Criminal defense Attorney | Jun 03
Relationship: Fellow lawyer in community

"I endorse James. He is a highly skilled attorney that is well respected in the legal community."

Mark Beller

DUI and DWI Attorney | May 01
Relationship: Opposing Counsel on matter

"I fully endorse Dave Smith. In addition to being an excellent attorney and a wealth of knowledge, he is among the most dedicated advocates I have had the pleasure to work with. Anyone facing a DUI or criminal charge would be well served to have Mr. Smith in their corner."

Jesse Squier

Criminal defense Attorney | Apr 30
Relationship: Fellow lawyer in community

"Mr. Smith is an extremely dedicated attorney, who vigorously defends his clients. He is excellent in trial, and is a skilled negotiator."

Burges McCowan

DUI and DWI Attorney | Apr 29
Relationship: Fellow lawyer in community

"David is meticulous with his clients' cases. He will find each and every issue in a case. I highly recommend David if you have a DUI in Arizona."

Charlie Naegle

DUI and DWI Attorney | Apr 23
Relationship: Fellow lawyer in community

"I endorse this lawyer. Dave smith is the Attorney that I would call if I were to ever find myself in a criminal situation. I have been practicing for many years now and I still find myself in need of answers to legal questions, when that happens Dave is my go to guy. He is very well liked in the legal community and has a reputation as a bulldog in the courtroom."

Kathleen Carey

DUI and DWI Attorney | Apr 22
Relationship: Worked for lawyer

"I endorse this lawyer. I have known Mr. Smith for several years, first as a law student that assisted my firm with a case that had to be tried several times before we successfully prevailed. Over the years, I have seen him practice in court and listened to his trial(s) and can say without any hesitation that he is an excellent attorney that comes to court and trial prepared and ready to carry the burden for his client(s). The firm he practices also has an excellent reputation like Mr. Smith for standing up and announcing ready for trial when necessary."

Alicia Heflin

Criminal defense Attorney | Apr 22
Relationship: Fellow lawyer in community

"Attorney Smith is a talented and well respected criminal attorney who I would highly recommend to anyone looking for a lawyer who really cares about his clients and will represent his client's interests with passion and professionalism."

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