Disclaimer - Results depend upon factors unique to each case and that results in one case do not predict similar results in others.
MANSLAUGHTER NOT CHARGED/REDUCED to Misdemeanor DUI – State v. Mr. T. (DMC No. 7216)
MANSLAUGHTER NOT CHARGED/REDUCED to Misdemeanor DUI – State v. Mr. T. (DMC No. 7216) (East Mesa Justice Court No. TR2006-172224): Mr. T. was traveling westbound on University Drive in Mesa when an individual attempted to cross University diagonal to the flow of traffic. He was unfortunately struck and killed. Mr. T. was interviewed by police and he admitted to using marijuana in the prior 24 hrs. We were able to convince the State that no individual would have been able to stop in time to avoid the collision. In addition, we were able to show that the marijuana would not have affected his ability to drive. Although we convinced the State to not file Manslaughter charges, they did file charges for DUI with a metabolite of marijuana in System. The case was ultimately resolved as a Misdemeanor DUI with 1 day in jail – even though it started out with Mr. T. facing a potential 21 years in prison.
NOT CHARGED – Child Abuse, State v. Mr. S. (DMC No.7260)
NOT CHARGED – Child Abuse, State v. Mr. S. (DMC No.7260) (El Mirage Police Department): Mr. S. was a foster parent looking after many kids in his house. One of the residents was a 21 year old who was mildly retarded and a ward of the State. The alleged victim called police and stated he had been punched by Mr. S. We were able to show that he merely wanted to move out of Mr. S.’s house in order to live with his girlfriend, and that he had manufactured his story. No charges were brought against Mr. S.
NOT CHARGED – Assault, State v. Mr. H. (DMC No. 7209)
NOT CHARGED – Assault, State v. Mr. H. (DMC No. 7209) (Pinal County Superior Court): Mr. H. was arguing with his wife, when she attempted to strike him twice in the crotch. He used his arm to defend himself and his wife’s Aunt (who was on the phone with her) called the police when she heard the ruckus. Mr. H. was arrested and released to the Pinal County Pre-Trial Services. We were able to intercept the case with the Pinal County Attorney’s Office, and no charges were filed.
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 – Assault, State v. Mr. D.
Mr. D. was accused of assault by his ex-girlfriend. She claimed that he tried to choke her and smother her with a pillow, while threatening to kill her. She then filed an Order of Protection against Mr. D. We were able to show that Mr. D. had not done any of these things, and there was no physical evidence to warrant any charges. His ex-girlfriend was simply angry at him because she discovered he had been with another woman. No charges were filed.
NOT CHARGED – Domestic Violence, State v. Mr. M.
Mr. M. was drinking with his girlfriend. They got into an argument when he found out she had recently had sex with a friend of his. Neighbors called police when they heard the loud arguing. When they arrived, Mr. M.’s girlfriend claimed she was “choked.” After meeting with prosecutors, we were able to show there was a lack of physical evidence, combined with a neighbor who may have been a witness. No charges were filed against Mr. M.
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 – 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 – Elder Abuse, State v. Ms. W.
Ms. W. was contacted by Adult Protective Services and by Detectives regarding her allegations that she had taken money and possessions from her 88 year old mother. We were able to show that her mother suffers from dementia, all money was truly accounted for, and the items she had received from her mother were truly gifts. Detectives and Adult Protective Services “unsubstantiated” the claim, and no charges were filed against Ms. W.
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.
MURDER NOT CHARGED – (DMC No. 4091) State v. Mr. C.
Mr. C. had been in alleged dispute with a competing rap artist when that individual was found stabbed to death inside his car at a local mall. Various people indicated that the most likely person to have done this was Mr. C. We contacted the detective (who had been very harassing to our client), and indicated that he was not to speak with Mr. C. anymore as he was invoking his 5th Amendment Rights. Over the years, detectives have executed various warrants for hair, saliva and blood samples. None of these have ever revealed any evidence that Mr. C. was involved in this murder. He has never been charged with any crime.
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 – Assault/Domestic Violence, State v. Mr. C.
(Phoenix Police Department) (DMC No. 7063): Mr. C. had been married to a wife whom he had found on the internet from another country. They had a child in common. They began arguing when his wife took out a knife and cut him on the arm and ran outside with their baby. Police arrived and observed marks on his wife’s face. Each said the other person had struck them first. Since the husband and wife were now getting a divorce and because the information received was in dispute, we were able to convince the Phoenix Police Department to not file charges.
