Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
DISMISSED – Felony Resisting Arrest/Extreme DUI Reduced, State v. Mr. V. (DMC No. 7133)
DISMISSED – Felony Resisting Arrest/Extreme DUI Reduced, State v. Mr. V. (DMC No. 7133) (Pinal County Superior Court No. CR2007-00171): Mr. V. was pulled over for erratic driving and was being arrested for a subsequent DUI violation when the officer claims he resisted arrest. The officer slammed Mr. V. to the ground and injured Mr. V.’s head. Mr. V. subsequently submitted to a blood test which revealed a .286 blood. We were able to show that the use of force was excessive, and the State agreed to dismiss the felony Resisting Arrest charge, and agree to reduce the Extreme DUI to a first offense regular DUI with 1 day in jail (opposed to the 45 days now given for Super Extreme DUI’s).
REDUCED TO MISDEMEANOR – Resisting Arrest – State v. Mr. G.
(Maricopa County Superior Court No. CR2007-109798): Mr. G. was charged with felony criminal damage and felony resisting arrest. Mr. G. came home from a party and was extremely upset with his neighbor, and ended up damaging a door frame. Officers were called to scene, and as they spoke with Mr. G., they became concerned that something was in pocket. They immediately grabbed him and threw him to the ground, although Mr. G. stated he had “done nothing wrong.” After police tasered him and arrested him, we were able to convince the prosecutor that this should be dismissed to a mere misdemeanor, and they agreed. He was originally facing a felony with up to 3 years in prison, but ultimately received a misdemeanor with zero days in jail.
DISMISSED – Disorderly Conduct/Resisting Arrest/False Information
State v. Ms. A. (Maricopa County Superior Court No. A839517CR): Mr. A. was at a house party on the reservation when police arrived. They entered and arrested her brother’s friend, when she intervened and began asking numerous questions of the police. The officers became frustrated and arrested her, claiming she was obstructing a criminal investigation, committing Disorderly Conducting, Resisting Arrest, and Providing False Information. We were able to talk to the assigned prosecutor on the case, and he “furthered” the case back to police for more information. Ultimately, the prosecutor made the decision to dismiss all charges.
DISMISSED – Aggravated Assault/Disorderly Conduct/Resisting Arrest
State v. Mr. D. (Maricopa County Superior Court No. 2002-094134CR): Ms. D. was having a party in his back yard with numerous people and had been drinking when he was confronted by a young lady who spit in his face. He pushed her away, and the police were called. Because she was 15 years of age, he was charged with Aggravated Assault. When the police grabbed him to arrest him, he did not realize they were officers (as he was grabbed from behind). He was then charged with Resisting Arrest and Aggravated Assault on Police Officers. We immediately set the case to trial and began describing the facts to the prosecutor involved in the case. Eventually the prosecutor moved to dismiss all charges against Mr. D.
DISMISSED – Resisting Arrest – State v. Mr. K.
(Maricopa County Superior Court No. 0200160CR): Mr. K was stopped for an alleged DUI violation and taken to a police station. He requested to speak to his attorney multiple times, but police would not let him. Ultimately, the police obtained a search warrant to draw his blood and he was strapped in a restraining chair while they drew his blood. The police claimed that he was resisting arrest and fighting them when this occurred. After extensive investigation, the case was set to an Evidentiary Hearing. The State was unable to meet its burden and moved to dismiss all charges.
DISMISSED – Resisting Arrest & Criminal Damage
State v. Mr. A. (Maricopa County Superior Court No. 0101602FE): Mr. A. was arrested for an alleged DUI violation in which his breath alcohol content was a .103. As he was being arrested, police claim that Mr. A. became angry and slammed his head into the cross support pillar of the police vehicle. He was charged with Resisting Arrest and Criminal Damage. Due to the circumstances surrounding the case, we were able to have all charges dismissed by the Maricopa County Attorney’s Office.
