Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
NOT CHARGED – Vehicular Aggravated Assault, State v. Mr. M.
Mesa, Arizona (DMC No. 7079): Mr. M. was involved in a motor vehicle accident in which the other drivers sustained numerous life-threatening injuries. When police arrived, Mr. M. and a second person in his car were standing outside. Although Mr. M. admitted to driving, it was found that the other person standing by the car was also impaired. There was some question by the witnesses as to who the actual driver was. Mr. M. subsequently provided a blood test which revealed a .161 BAC. In addition to the question of who the actual driver was, we were also able to question the telephonic search warrant and affidavit the police secured to draw Mr. M.’s blood. We were able to convince the County Attorney not to file any charges. Mr. M. was facing 5 to 15 years in prison.
NOT CHARGED – Vehicular Aggravated Assault, State v. Mr. S.
Peoria, Arizona (DMC No. 7090): Mr. S. was traveling down a roadway in Peoria at approximately 40 mph at 11:00 o’clock at night when he was involved in a head-on collision. He had been drinking alcohol and witnesses claimed he had drifted over the center median. We were able to show that that other driver had misdemeanor warrants and a suspended license. Combined with questions involving the actual accident scene, we were able to convince the Maricopa County Attorney’s Office not to press charges. Mr. S. would have been facing 5 to 15 years in prison.
NOT CHARGED – Aggravated Assault, State v. Ms. K.
(Maricopa County) (DMC No. 6977): Ms. K. had a very volatile relationship with her boyfriend and had recently broken up with him. When she went to his house to retrieve her items, he became abusive towards her. Ms. K. had 2 male companions who then engaged in a fight with her boyfriend. He suffered a concussion and some various broken bones as a result of the fight, and he sought to have her charged with Aggravated Assault and Conspiracy to Commit Aggravated Assault. After having Ms. K. take a polygraph test (which we submitted to the Detective), we were able to show that in fact her ex-boyfriend had attacked her 2 male companions, who were utilizing self-defense. No charges were brought against her, and she avoided being charged with a crime that carried a range of 5 to 15 years in prison.
NOT CHARGED – Vehicular Aggravated Assault/Hit & Run
State v. Mr. D.: Mr. D. was involved in a traffic accident in which the victim sustained a broken wrist. Due to identification problems, we were able to negotiate a civil settlement, and the State agreed to not file charges.
NOT CHARGED – Child Abuse, State v. Ms. I.
Ms. I. worked in a group home for children with behavioral problems. A 13 year old boy (who was 5 foot 7 and weighed 180 pounds) claimed that he was physically assaulted by Ms. I., who was much smaller. We were able to meet with C.P.S. and detectives, and it was agreed that this case was “unsubstantiated.” Charges were not filed against Ms. I. and she was allowed to keep her caretaker’s license.
NOT CHARGED – Aggravated Assault, State v. Mr. N.
Mr. N. was accused of getting into a fight with another individual and using brass knuckles. The other person incurred approximately $26,000.00 in medical bills. We were able to negotiate a civil settlement with the victim, and the police agreed not to pursue charges. This prevented Mr. N. from facing 5 to 15 years in prison.
NOT CHARGED- Aggravated Assault/Burglary, State v. Mr. P.
Mr. P. was a security guard at a local apartment complex and was called to respond to a complaint of loud noise. When he arrived, one of the people at the party pointed a BB gun at Mr. P. A fight then ensued, and police officers arrived. While breaking up the fight, one of the officers was struck by Mr. P. We were able to convince the prosecutor not to file charges against Mr. P.
NOT CHARGED – Vehicular Aggravated Assault, State v. Mr. C.
Mr. C. was accused of driving drunk and going through a stop sign, thereby striking an individual and breaking his collar bone. Detectives had hospital workers hold down Mr. C. in order to obtain blood. There was no proper warrant and we were able to suppress the blood reading. Because no blood would be coming into evidence, the prosecutor did not file charges.
NOT CHARGED – Aggravated Assault, State v. Mr. B.
Mr. B. was accused of being intoxicated at a local nightclub. When he was contacted by bouncers, a fight ensued. Mr. B. was accused of breaking the bouncer’s jaw. We were able to show that the bouncers had actually attacked our client, and one of them had tripped and fallen, injuring himself. Witnesses did not verify the bouncer’s story, and we were able to get the detectives and prosecutors to not file any charges.
NOT CHARGED – Vehicular Aggravated Assault/Hit & Run
State v. Mr. B.: Mr. B was accused of a Hit & Run accident with serious injury which occurred on the off-ramp of the freeway. Police indicated our client was the driver of the vehicle. We insisted that a photo-lineup be shown to the victim. The victim could not identify our client. After working out an agreement to pay damages through insurance, the Detectives declined to file any charges against Mr. B.
NOT CHARGED – Aggravated Assault with a Gun
State v. Mr. E.: Mr. E. called for an escort to come to his house. While she was inside, there was suddenly banging at his door. Mr. E. thought he was being robbed, and grabbed a gun to see what was going on. It turned out to be the “bouncer” for the girl, who ended up pepper spraying Mr. E. and robbing him. The police then showed up, and Mr. E. was accused of Aggravated Assault with a gun. We were able to meet with detectives and explain what truly happened inside his house. Detectives agreed not to file any charges against Mr. E.
NOT CHARGED – Aggravated Assault on a Minor
(DMC No. 4207) State v. Mr. G.: Mr. G. was arguing with his mother and sister when he was accused of attacking his sister’s 10 year-old son (his nephew). The grandmother and sister claimed that Mr. G. (who was 6’4” and weighed 350 lbs.) had kicked the boy in the side with heavy construction boots. When the officer looked at the boy, he found no visible injuries. In addition, we were able to point out other discrepancies in the story and convince the Maricopa County Attorney’s Office to not file charges.
NOT CHARGED – Vehicular Aggravated Assault, State v. Mr. M.
Mesa, Arizona (DMC No. 7079): Mr. M. was involved in a motor vehicle accident in which the other drivers sustained numerous life-threatening injuries. When police arrived, Mr. M. and a second person in his car were standing outside. Although Mr. M. admitted to driving, it was found that the other person standing by the car was also impaired. There was some question by the witnesses as to who the actual driver was. Mr. M. subsequently provided a blood test which revealed a .161 BAC. In addition to the question of who the actual driver was, we were also able to question the telephonic search warrant and affidavit the police secured to draw Mr. M.’s blood. We were able to convince the County Attorney not to file any charges. Mr. M. was facing 5 to 15 years in prison.
NOT CHARGED – Vehicular Aggravated Assault, State v. Mr. S.,
Peoria, Arizona (DMC No. 7090): Mr. S. was traveling down a roadway in Peoria at approximately 40 mph at 11:00 o’clock at night when he was involved in a head-on collision. He had been drinking alcohol and witnesses claimed he had drifted over the center median. We were able to show that that other driver had misdemeanor warrants and a suspended license. Combined with questions involving the actual accident scene, we were able to convince the Maricopa County Attorney’s Office not to press charges. Mr. S. would have been facing 5 to 15 years in prison.
NOT CHARGED – Aggravated Assault, State v. Ms. K.
(Maricopa County) (DMC No. 6977): Ms. K. had a very volatile relationship with her boyfriend and had recently broken up with him. When she went to his house to retrieve her items, he became abusive towards her. Ms. K. had 2 male companions who then engaged in a fight with her boyfriend. He suffered a concussion and some various broken bones as a result of the fight, and he sought to have her charged with Aggravated Assault and Conspiracy to Commit Aggravated Assault. After having Ms. K. take a polygraph test (which we submitted to the Detective), we were able to show that in fact her ex-boyfriend had attacked her 2 male companions, who were utilizing self-defense. No charges were brought against her, and she avoided being charged with a crime that carried a range of 5 to 15 years in prison.
