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Missouri State Criminal Defense Lawyer

Scott A. Hamblin represents clients in a wide variety of both state and federal criminal offenses including assault, child pornography, conspiracy cases, driving while intoxicated (DWI/DUI), drug possession, drug trafficking, firearm offenses, manslaughter, money laundering and sexual offense crimes. As a former assistant prosecuting attorney, Scott has gained substantial trial experience and insight which benefits his clients. Scott Hamblin’s experience as a prosecutor provides invaluable insight into the criminal process which few criminal defense attorneys can boast.

Attorney Scott Hamblin has tried numerous jury trials in both Circuit Courts and United States District Courts throughout Missouri. Scott has lectured to attorneys on various topics of criminal law and criminal procedure through continuing legal education programs sponsored by the Missouri Bar Association, and Scott has been invited to speak to other organizations. Scott Hamblin has authored the 2010 Cumulative Supplement to Chapter 1 entitled Chemical Test Refusal Cases, which is being published by the Missouri Bar Association in its Missouri DWI Law and Practice desk book. The article provides in summary fashion legal opinions from the Missouri Courts of Appeal and changes in Missouri law governing situations involving a person’s refusal to submit to a chemical blood alcohol test following an arrest for driving while intoxicated (DWI/DUI). The article discusses what is considered a refusal and appeal of the revocation of driving privileges following a person’s refusal to submit to a chemical breath test. The Missouri DWI Law and Practice is a reference book utilized by lawyers in representing their clients.

Being arrested for a violation of a criminal law or criminal offense usually involves a range of emotions including disbelief, embarrassment, frustration, or even fear. The arrest is usually the first step in the legal process. A person is placed in handcuffs and transported to the county jail. A person is then fingerprinted and placed in a holding cell until law enforcement officers determine whether to engage in questioning. Criminal charges often follow the arrest. Judges will require that defendants obtain a criminal defense lawyer to represent their interests. Many lawyers dabble in the criminal process, but few lawyers possess the experience to handle complex criminal cases including, but not limited to, criminal offenses for driving while intoxicated (DWI/DUI), possession of controlled substances, drug trafficking, possession with intent to distribute controlled substances, stealing, robbery, rape, arson, burglary, forgery, tampering, child molestation, sexual misconduct, child pornography, money laundering, manslaughter and murder. Scott Hamblin represents individuals charged with misdemeanors and felonies throughout Missouri and offenses charged in the United States District Courts.

Contact a Missouri State Criminal Defense Lawyer

Contact Scott Hamblin today at 573-821-4013 to discuss your federal criminal charges during a free initial consultation.

Jefferson City Sexual Abuse Misconduct Attorney

Sexual criminal offenses, also known as sex crimes, include child molestation, sexual misconduct, statutory rape, sodomy, child pornography and related criminal offenses. Sexual criminal offenses or sex crimes are extremely serious as the mere allegation affects individuals personally and professionally.

Attorney Scott Hamblin provides clients with aggressive sex crimes and criminal offense defense. He represents clients in Jefferson City, Missouri, and throughout the surrounding areas. Scott’s experience handling criminal matters allows him to guide his clients through the criminal justice system and work to reach a resolution that suits their best interests.

Contact Scott today at 573-821-4013 to schedule a consultation and discuss your sex crimes issues.

Mandatory reporters are required to report suspected sexual abuse and include schools and health care providers such as doctors, psychologists and psychiatrists. Children’s Division (formerly known as Division of Family Services or DFS) will immediately investigate reported sexual abuse to determine whether the child or children must be removed from the home. A parent is often forced to choose between his or her child or children and the other parent as Children’s Division will place the child or children in kinship or foster care unless the accused parent moves out of the house. Children’s Division may not even allow a parent accused of a sexual criminal offense to see the children.

Many individuals accused of child molestation, sexual misconduct, statutory rape, sodomy or child pornography have lost their jobs and careers. Certain employers may terminate an employee where their clients and customers are children. Missouri is an employment-at-will state, which means an employee or employer may terminate the employment relationship in these types of situations.

Facing Tough Prosecution

Criminal courts and criminal judges have little compassion and sympathy for persons who have pled guilty or been convicted of sexual offenses. Persons convicted of sexual offenses forever undergo life-altering perceptions both personally and professionally as the person is known as a child molester, pedophile or sexual predator.

Persons convicted of felony sexual criminal offenses and sex crimes are often sentenced to prison and are required to complete a sexual offender education program before release.

Persons convicted of felony sexual offenses or felony sex crimes are also required to register as sexual offenders. The sexual offender registry is public record and discloses the person’s residence. Once convicted, a person is prohibited from living within a certain geographic distance from schools, and is required to follow certain laws during Halloween such as turning off porch lights and remaining inside the house.

Promoting, producing and even possessing child pornography violates certain criminal laws. Criminal conduct involving child pornography may be prosecuted in federal court or state court. Law enforcement will generally seize an individual’s computer to retrieve any and all information available including computer downloads, e-mail chats, computer files, and embedded content. Any information retrieved is generally admissible in criminal prosecutions.

Contact a Sex Crimes Defense Attorney

Contact Scott’s law office today by calling 573-821-4013. He can help you explore your options for dealing with sexual criminal offenses, sex crimes or any other aspect of criminal law. You can expect a courteous and knowledgeable staff, access to experienced lawyers and fair billing.

“You have the right to remain silent. Anything you say can be used against you in court.” The United States Supreme Court has ruled that a person does not have to speak with an officer if they are in custody and are questioned by an officer which is otherwise known as custodial interrogation. But, you also have the right to remain silent even if you are not in custody. Many people think that they must talk with an officer. And too many people believe that talking to the officer will help his or her case. Wrong! The officer wants to speak with you if you are arrested because it is the easiest way to prove a case. A person removes all reasonable doubt by admitting to criminal wrongdoing. Generally, the biggest mistake a person can make is speaking to an officer if they want to talk to you,or speaking with an officer if you have been arrested. Either say nothing, or tell the officer you will not talk without your lawyer present. You have the right to remain silent and the right to a lawyer.

I Made A Statement To The Officer. What Do I Do?

While the officer may not be friendly, the officer cannot force a person to make a statement, but generally law enforcement will try to persuade you to make a statement. The officer might suggest that the situation will be easier for you if you tell the truth, or that the prosecutor might take into consideration your cooperation. You will never get a guaranteed outcome from the officer. If you have made a statement, then the statement can be used against you in court unless there is an opportunity to have your statement thrown out, i.e. ruled inadmissible. Call Scott at 573-821-4013. Once you have hired Scott to represent you, then Scott can begin the process of analyzing your case to determine whether you may have a reasonable opportunity to have your statement thrown out of court.

Is A Misdemeanor A Criminal Offense?

A misdemeanor is most definitely a criminal offense.

Misdemeanor criminal offenses and misdemeanor crimes are classified based upon certain elements, and the existence of certain circumstances dictates how the criminal offense is classified. Hiring an experienced criminal lawyer and criminal attorney is important for any criminal offense. Attorney Scott Hamblin has represented hundreds of clients confronted with misdemeanor criminal offenses and misdemeanor crimes. He has also tried numerous misdemeanor offenses and misdemeanor crimes.

Contact Scott today at 573-821-4013 to learn more about how he handles misdemeanor issues during an initial consultation.

What Are Misdemeanors?

The term “misdemeanor” describes criminal offenses and crimes that are more serious than infractions but less serious than felonies. Misdemeanor criminal offenses and misdemeanor crimes have a range of punishment that can include jail time but not a prison sentence. Missouri’s criminal code provides for four separate classifications for misdemeanor criminal offenses and misdemeanor crimes:

Classification

Range of Punishment

Types of Offenses

Class A Misdemeanor

$1.00 fine up to one year in jail and a $2,000.00 fine.

Assault, stealing, tampering, sexual misconduct, DWI, etc.

Class B Misdemeanor

$1.00 fine up to six months in jail and a $1,000.00 fine.

Assault, tampering, property damage, trespass, sexual misconduct, DWI, etc.

Class C Misdemeanor

Class D Misdemeanor

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$1.00 fine up to 15 days in jail and a $750.00 fine.

$1.00 fine up to a $500.00 fine.

Assault, speeding, sexual misconduct, etc.

Contact a Jefferson City Misdemeanor Defense Attorney Today

Contact Scott’s law office today at 573-821-4013. He can help you with any DWI penalty questions, any misdemeanor offense charges or any other criminal law matters.

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Guardianship Lawyer in Jefferson City

There are generally two types of guardianships in Missouri: guardianships for children and guardianships for adults. A person has to go to court to get guardianship; a person cannot obtain this without a court order. The court’s Letters of Guardianship provide a person the legal power to take care, custody and control over a minor child or a disabled, incompetent or incapacitated adult. From his office in Jefferson City, Missouri, attorney Scott Hamblin has represented hundreds of foster parents, grandparents, family members and adult children as their lawyer in obtaining guardianships over children and adults.

Guardianship Attorney for Children

Foster parents, grandparents, and other family members make up the primary category of people who may apply for guardian rights over children and grandchildren. The Letters of Guardianship, which are issued by a court after a hearing, give power to the guardian to take care, custody and control over a child when the natural parents of a child are unfit, unable or unwilling. A guardian rights for minor children might be sought in any number of different circumstances but the list can include situations of abandonment by one or both parents, alcohol or drug abuse by one or both parents, incarceration in jail or prison, mental health issues by the parents, the condition of the living environment of the children, sexual abuse of a child, physical abuse of a child, neglect, and where a parent has been convicted of a sexual offense against the child. A guardianship does not terminate the parental rights of the parents over a child so the parents do have an opportunity to get the kids back, but the guardianship does give the guardian the power to make decisions in the best interest of the children even when the parents may disagree with the decision of the guardian.

Guardianship Attorney for Adults

Spouses, adult children, and other family members may apply for an adult guardianship for their mom, dad, husband or wife. An adult guardianship is generally sought where the adult is no longer able to physically care for himself/herself, suffers from Alzheimer’s, dementia or other mental health condition. Generally, two doctors must certify that the adult for whom guardianship is sought is incapacitated, disabled, or the person creates a risk of harm to the public of themselves. Obtaining guardian rights over a parent can be difficult for any number of reasons including that the parent experiences anger, resentment or a loss of control. Generally, an adult guardianship will involve the ward feeling as if things  are being taken from him or her, or that their son or daughter is trying to control them by moving them out of their house into a nursing home or assisted living center, is taking their car away, is denying a person access to their bank accounts.

Call Now for More About Scott Hamlin’s Law Services

573-821-4013 | Attorney Scott Hamblin can assist you with obtaining guardian rights over children and adults.

If you’re looking for a Criminal Defense Lawyer or DUI/DWI Lawyer, or you simply have questions regarding criminal defense, please contact attorney Scott Hamblin. He’s located in Jefferson City, Missouri, and has represented hundreds of individuals in central Missouri for offenses involving driving offenses such as Driving While Intoxicated to serious criminal cases in state and federal courts.

Experienced Criminal Law Attorney in Jefferson City

Scott has won jury trials in both state and federal courts throughout central Missouri. Scott has been selected by the National Trial Lawyers Association as one of the top 100 lawyers. He has authored the DWI Practice Series, Second Edition, reference book published by The Missouri Bar for attorneys dealing with the topic of chemical revocation refusals for driving while intoxicated (DWIs) cases where a person refusals to submit to a breathalyzer test or blood test and implied consent warnings. Scott has been selected by The Missouri Bar to speak on subjects for continuing legal education courses for lawyers such as Criminal Law Nuts & Bolts and Auto and Traffic Stop issues. Scott has spoken to civic groups, young professional organizations of the Chamber of Commerce, Jaycees, and paralegal associations. Scott is a member of The National Trial Lawyers Association, The Missouri Bar, The Missouri Association of Criminal Defense Lawyers and numerous other organizations.

Candid Legal Assessment of Your Case

Scott believes a candid approach to legal representation is the only approach. Scott will meet with you personally to discuss you case and provide a candid assessment of your case. Frequently, clients do not hear what they want, but rather learn of the risks and benefits associated with pursing a particular strategy with their case. Occasionally, a more detailed opinion is necessary in which Scott will prepare a written legal opinion after researching how certain laws may affect your particular situation.

Obtaining the Best Lawyer to Avoid Jail

As an experienced criminal law attorney in Jefferson City, Missouri, Scott maintains a goal-oriented approach to the representation of his clients facing criminal charges. Most clients want to avoid jail or prison. Many of the local jails including the Cole County jail, the Callaway County Jail, the Maries County Jail, the Miller County Jail, the Moniteau County Jail, the Morgan County Jail, and the Osage County Jail are some the least desirable jails in which to be occupied based on information provided by former clients who sat in jail before hiring Scott. Clients want the best possible outcome, realizing that the choices may amount to be what is the lesser of the evils.

Contact Scott Hamblin, Criminal Defense Attorney

Call Scott at 573-821-4013 or fill out this form. Our office is located in Jefferson City, MO.

Felony offenses and felony crimes are classified based upon certain elements, and the existence of certain circumstances dictates how the criminal offense is classified. Hiring an experienced criminal defense lawyer is critical when facing a felony criminal offense. Attorney Scott Hamblin has represented hundreds of clients confronted with felony criminal offenses and felony crimes. He has also tried numerous felony offenses and felony crimes in both circuit courts and United States District Courts.

Felony offenses and felony crimes comprise the most serious criminal offenses. Felony offenses and felony crimes have a range of punishment that includes a prison sentence. Missouri’s Criminal Code provides five separate classifications for felony criminal offenses:

ClassificationRange of PunishmentTypes of Offenses

Class A Felony

10 years in prison up to a life sentence.

Murder, arson, assault, rape, robbery, burglary, etc.

Class B Felony

Five years in prison up to 15 years in prison.

Murder, arson, assault, rape, child molestation, burglary, stealing, possession with intent to deliver or manufacture a controlled substance.

Class C Felony

Not less than three years and up to ten years in prison.

Arson, assault, stealing, tampering, possession of a controlled substance, etc.

Class D Felony

One day in jail up to seven years in prison.

DWI, driving while revoked, etc.

Contact a Jefferson City Felony Defense Attorney

If you have questions or need assistance with any felony offense or any other criminal law matter, contact Scott Hamblin’s law office today at 573-821-4013. He will take the time to fully explain how the criminal “system” works, including criminal procedure, details of the criminal laws relevant to your case, and a realistic idea of what you should expect in your criminal or driving case.

Federal Criminal Defense Lawyer in Jefferson City

Criminal charges filed in the United States District Courts (federal courts) are some of the most serious criminal offenses which exist. The United States Attorney’s Office utilizes resources unavailable to the local prosecutors, including highly trained investigators within federal agencies such as the Drug Enforcement Agency (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Federal Bureau of Investigation (FBI), U.S. Immigration Customs and Enforcement (ICE), and the U.S. Postal Service.

The above agencies utilize any number of resources in criminal investigations, including wiretaps of telephones, confidential informants, and seizures of bank records. Federal sentencing guidelines provide significant punishment involving incarceration. Many crimes which can be filed in state courts can also be filed in federal courts, but the punishments are far in excess of what a person may expect.

Contact Scott Hamblin today at 573-821-4013 to discuss your federal criminal charges during a free initial consultation.

Sentencing and punishment is determined in the United States District Court (also known as federal court) by application of the United States Sentencing Guidelines. The guidelines are calculated by determining the total offense level and a defendant’s criminal history. The process to make this determination is complicated even for most attorneys who do not regularly practice criminal law in United States District Court. There are a numbering of factors that are considered in calculating the total offense level for most types of cases. These factors, properly calculated, can reduce a criminal defendant’s sentence by a number of years whereas improperly calculated guidelines may result in an additional number of years imprisonment.

How are Federal Sentencing Guidelines Calculated?

For Scott’s clients, the analysis of the federal sentencing guidelines initially begins with Scott meeting with his client, investigating the case, reviewing the evidence in the possession of the United States Attorney’s Office and preparing an initial calculation. The more official process begins with meeting with a probation officer who will prepare a presentence investigation report for submission to the court. Often times, it seems as if the presentence report is calculated favoring the position of the United States Attorney’s Office for which a more detailed analysis is required to research and refute the conclusions of the PSR writer. The federal criminal defense lawyer prepares his response to the PSR on behalf of his client. Ultimately, the PSR and the defense lawyer’s responses are submitted to the judge and arguments are made at the sentencing hearing.

The Sentencing Guidelines Are Not Mandatory

The United States Sentencing Guidelines are no longer mandatory and are now advisory in nature. This means that while the federal judges must still calculate a sentencing guideline before imposing a sentence, the judges may depart either above or below the sentencing guideline range. As a federal criminal defense lawyer, Scott has successfully argued several cases in which he was able to argue for sentence reduction by more than fifty percent (50%) of the initial guideline range and in certain cases, obtained sentences for probation or credit for time served.

Scott Hamblin is a “Top 100 Trial Lawyer”

Federal criminal defense attorney Scott Hamblin will take the time to fully explain how the federal criminal “system” works, including criminal procedure, details of the criminal laws relevant to your case, and a realistic idea of what you should expect in your criminal case. He has a reputation for excellence, thorough preparation and innovation. He represents clients located in Jefferson City and throughout the surrounding Missouri communities.

Relatively few criminal lawyers have experience representing individuals in United States District Court. Even fewer criminal lawyers have jury trial experience in federal court. Scott Hamblin regularly appears in United States District Court.

Contact Scott Hamblin Today

Contact Scott’s law office today at 573-821-4013. Whether you are facing white collar crime charges or other federal criminal charges, he can be your federal criminal defense lawyer. At Scott’s office, you can expect a courteous and knowledgeable staff, access to experienced attorneys and fair billing.

Scott Hamblin | federal criminal defense attorneys in jefferson city mo | Divorce, child custody, paternity, child custody modifications and state and criminal defense

Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) is an area of criminal law which continues to evolve as a result of the continuing changes made each year by the Missouri General Assembly. Generally, a person arrested for a DWI not only risks the loss of a driver’s license through a suspension or revocation by the Missouri Department of Revenue, but faces serving time in jail or prison as a result of a DWI guilty plea or conviction. You need to hire a DWI / DUI lawyer with extensive experience handling driving while intoxicated (DWI) cases.

Experienced DUI/DWI Lawyer

This webpage will provide general information regarding DWI, but it is not designed to be a thorough guide. A more thorough analysis will occur at an initial consultation. From his office in Jefferson City, attorney Scott Hamblin represents individuals arrested for driving while intoxicated (DWI). Scott has served as a criminal defense lawyer for hundreds of people arrested for DWI. Scott is a former Cole County prosecuting attorney and utilizes his legal experience in representing his clients. Scott has tried criminal cases is circuit courts and federal courts throughout Missouri. Scott has authored a section of the Missouri Bar’s DWI Law and Practice book in the area of chemical refusal cases which is used a reference for other attorneys who have questions regarding DWI. Scott has been selected as one of the Top 100 lawyers by The National Trial Lawyers in the area of criminal defense, including DWI. Scott is a member of the Missouri Association of Trial Attorneys and Missouri Association of Criminal Defense Lawyers. Scott’s law office in Jefferson City provides his clientele access to one of the best and most experienced driving while intoxicated (DWI) lawyers in the central Missouri area for which he primarily serves the surrounding counties of Boone, Callaway, Cole, Maries, Miller, Moniteau, Morgan, and Osage.

DWI/DUI Arrests and the Facts that Matter

As mentioned above, DWI laws are continually changing and the outcome often depends on the unique circumstances of the particular arrest. For example, how did the traffic stop for DWI by the officer occur? Was the vehicle being driven at the time of the DWI stop? How did the officer attempt to determine whether a person was intoxicated in making an arrest for DWI? Did the person make any statements to the officer that he or she had been drinking at the time of the arrest for driving while intoxicated? Did the officer read the person his or her Miranda rights during the DWI arrest? How was the chemical analysis of a person’s breath or blood performed to determine the level of alcohol concentration in the body? What DWI field sobriety tests were administered and how did the person perform? What observations did the officer make in determining whether to arrest a person for driving while intoxicated? As these questions illustrate, there are numerous facts and details that must be determined in order to evaluate the strength or weakness of a DWI case to determine how to proceed.

Call DUI attorney Scott Hamblin now to speak with an experienced DWI lawyer about your case. Scott’s knowledgeable and courteous staff will schedule a consultation so that you can learn more about your options. 573-821-4013

The Missouri Department of Revenue is the state agency with the power to not only issue a driver’s license but also suspend or revoke driving privileges. A person’s license can be suspended for varying periods of time, but such periods of suspension generally range from 30 to 90 days. Revocation of a driver’s license is generally for one year, but the Missouri Department of Revenue may refuse to re-issue a driver’s license for much longer periods of time.

If you are facing a driver’s license suspension, turn to attorney Scott Hamblin. He is an experienced lawyer and a partner in the law firm Brydon, Swearengen & England P.C., with vast experience handling a range of criminal matters for clients in and around the Jefferson City, Missouri area.

Contact Scott today at 573-821-4013 to learn more about your driver’s license suspension case during a free initial consultation.

Reasons for Drivers License Suspension

Suspension and revocation of a driver’s license may occur for a variety of reasons, including the following:

  1. Conviction or guilty plea of the offense of driving while intoxicated (DWI/DUI);
  2. Conviction or guilty plea for felony offenses involving motor vehicles;
  3. Accumulating points for criminal driving offenses; and
  4. Administrative order following a probable cause hearing by the Missouri Department of Revenue.

Loss of Driving Privileges for Driving While Intoxicated (DWI/DUI)

Driving privileges may be suspended or revoked for accumulation of points following a plea of guilty or conviction for the criminal offense of driving while intoxicated (DWI/DUI). Additionally, driving privileges may also be suspended or revoked by the Missouri Department of Revenue. Scott is familiar with criminal laws and regulations to provide you professional and thorough legal representation. He has elected to share some of his knowledge regarding loss of driving privileges.

  • A person who refuses to submit to a chemical blood alcohol test is subject to loss of his or her driving privileges for one year even if arrested for a first offense of driving while intoxicated (DWI/DUI) or excessive blood alcohol content. A person may be eligible to receive a limited driving privilege after serving 90 days of such revocation. However, a person who has refused to submit to a chemical blood alcohol test on more than one occasion may be ineligible for a limited driving privilege.
  • A person dealing with a second criminal offense for driving while intoxicated (DWI/DUI) may be subject to loss of driving privileges from one to five years depending on the length of time between the first driving while intoxicated (DWI/DUI) offense and the second offense. A person who has pled guilty or been convicted of a second alcohol-related criminal offense such as driving while intoxicated (DWI/DUI) or excessive blood alcohol content within five years of the first offense is subject to a loss of driving privileges for five years. A person may be eligible to receive a limited driving privilege during this time.
  • A person facing a third criminal offense for driving while intoxicated (DWI/DUI) may be subject to a loss of driving privileges from one to 10 years depending on the length of time between the prior driving while intoxicated (DWI/DUI) offenses and the third offense. A person subject to a 10-year denial of driving privileges may be eligible for a limited driving privilege after serving three years of the period of denial.

Accumulating Points for Criminal Driving Offenses

The Missouri Department of Revenue assesses points to criminal driving offenses following a guilty plea or conviction. Accumulation of points following criminal driving offenses may result in a suspension or revocation of driving privileges. A suspension of driving privileges may be as little as 30 days up to a one year revocation for driving privileges. Scott has represented hundreds of clients for driving-related offenses in successfully avoiding the assessment of points. An inherent danger in simply paying a ticket is that points tend to accumulate so that a person may eventually face mandatory jail time for driving on a suspended or revoked driver’s license. While a person might be eligible for a limited driving privilege in certain circumstances, a person’s driver record may render the person ineligible.

Contact a Jefferson City DUI/DWI Defense Attorney

If you have questions or need assistance with any driving offense or any other criminal law matter, contact Scott Hamblin’s law office today online or by telephone at 573-821-4013. He will take the time to fully explain how the criminal “system” works, including criminal procedure, details of the criminal laws relevant to your case, and a realistic idea of what you should expect in your criminal or driving case.

Scott Hamblin | driver license suspension and revocation attorneys in jefferson city mo | Divorce, child custody, paternity, child custody modifications, state and federal criminal defense

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Scott Hamblin

Attorney at Law

312 E Capitol Ave
Suite 200
Jefferson City, Missouri 65101

573.821.4013

Contact Scott to get started with your case today.
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Illustrated quotation MarkScott is a very reputable attorney. He truly has compassion and great knowledge for the clients he serves. Scott was our attorney for our adoptions. We are very thankful for him!Illustrated quotation Mark

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