1300 Bench Trial Victories Arizona DUI Lawyer

Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.

DISMISSED AT BENCH TRIAL – State v. Ms. Q (DMC No. 9937)

DISMISSED AT BENCH TRIAL – State v. Ms. Q (DMC No. 9937) (Chandler City Court No. 10-C-3514831): Ms. Q. was engaged in argument with her husband, when she allegedly grabbed his hands as he was attempting to leave the house. The police were called, and Ms. Q’s husband then stated that he had been scratched on the face and a but in the head then pulled off his shirt. Ms. Q stated this occurred when he pushed her, she reflexively grabbed at his shirt to maintain her balance. Although the State was seeking to convict Ms. Q, this would have affected her nursing license. The case was then set to trial and when the State was unable to proceed with all their evidence, they were forced to move to dismiss all charges.

DISMISSED AT TRIAL – Possession of Marijuana and Possession of Drug Paraphernalia

DISMISSED AT TRIAL – Possession of Marijuana and Possession of Drug Paraphernalia, State v. Ms. H. (University Lakes Justice Court No. CR05-0550731): Ms. H. was a resident of an ASU dormitory when police responded to an anonymous tip of drug sales. When they questioned Ms. H., she consented to a search of the room. Underneath the bed they found a bag containing various items with burnt marijuana residue, and a small amount of marijuana. Our contention was that the amount of marijuana was not enough to use, and because multiple people used that room, they could not prove it belonged to Ms. H. Just before trial was to begin, we made a Motion that the actual evidence needed to be produced at trial, and the State did not have the evidence in their possession. Therefore, the State filed a motion to dismiss all charges.

REDUCED TO MISDMEANOR THEN FOUND NOT GUILTY AT BENCH TRIAL

Aggravated Assault Against a Police Officer, State v. Mr. H. (City of Phoenix No. 20029032115CR): Mr. H. was at a party when shots were fired and police were called. When the police arrived, numerous people were throwing beer bottles at them. One officer indicated he saw Mr. H. throw a 12 oz. beer bottle towards the officers. The suspect was seen getting into a vehicle with 2 other people. When Mr. H. was contacted by police, he denied ever throwing a bottle. Although he was originally charged with Aggravated Assault Against a Police Officer, we were able to convince the Felony prosecutor to route the case to the Phoenix City Court for Misdemeanor Charges. While at the City Court, the prosecutor was seeking 30 days in jail. We had numerous witnesses who could attest that Mr. H. did not throw the beer bottle. At a trial to the court on the misdemeanor, he was found Not Guilty, and all charges were dismissed.