Criminal Damage Dismissals 10

DISMISSED – Criminal Damage, State v. Mr. C. (DMC No. 7293) (San Marcos Justice Court No. 2010-106832): Mr. C. was observed travelling the wrong way on the loop 202 Freeway. He eventually struck a sign which became detached from the ground and struck several other vehicles. He was originally charged with a DUI in City Court, but then his charge for Criminal Damage for striking the sign was filed in a Justice Court. We were able to show the Prosecutor that this was a not a true Criminal Damage, as it did not involve the requisite “intent” element necessary for the charge. We were able to have the charge of Criminal Damage Dismissed in its entirety.

DISMISSED – Criminal Damage, State v. Ms. W. (DMC No. 7137) (South Mountain Justice Court No. JC2006-166521): Ms. W. had returned home to discover that her husband was engaged in an extramarital affair. She became enraged and smashed a window and his cell phone. She was cited with Domestic Violence/Criminal Damage, and was facing possible jail time. We arranged to have her pay $830 items for the damaged items, and the State agreed to dismiss all charges.

DISMISSED – Criminal Damage, State v. Mr. D. (DMC No. 7195) (Mesa Municipal Court No. 2006-0055734): Mr. D. had been drinking with friends when he came across a hole that City workers had dug in order to repair a pipe. He was then seen taking a brick and smashing the pipe, causing a water leak. Police were called and he was charged with Criminal Damage. The witness was a two-time convicted felon living at a halfway house across the street. We were able to convince the prosecutors that they had an identification problem, and that a Diversion program allowing Mr. D. to earn a dismissal would be more appropriate. Ultimately, all charges were dismissed.

DISMISSED – Criminal Damage, State v. Mr. B. (DMC No. 7293) (Surprise Municipal Court No. CR07-00271): Mr. B. was in the process of going through a divorce with his wife when she returned to find him sitting in the living room with a friend. She noticed that several items were broken in the house and she yelled at him and his friend to leave. She then went upstairs and heard more items breaking, and the police were then summoned to their house. We were able to convince the prosecutor that Mr. B. deserved to have some type of Diversion classes in which charges would be dropped. They agreed, and ultimately all charges were dropped.

(Maricopa County Superior Court No. 2002097364CR): Mr. H. was charged with Criminal Damage after allegedly driving on a dirt road in the middle of the desert and striking a Palo Verde tree. This particular tree was smack in the middle of the dirt road, and the road split and went around each side of the tree. Because police believed he was intoxicated at the time, and he had a prior felony conviction, they charged him with Felony Criminal Damage. Even though his public defender had plead him to a couple of years in prison based on this charge, we were able to withdraw the plea, do an extensive investigation and have the charges dismissed entirely by the Maricopa County Attorney’s Office.

(Pinal County Superior Court No. 200201480CR): Mr. R. was going through a divorce when his soon to be ex-wife accused him of damaging her vehicle. Mr. R had been keeping an extensive log of activities due to previous false allegations by his wife. Through an extensive investigation, we were able to show that she was untruthful, and the Pinal County Attorney’s Office dismissed all charges.

(Maricopa County Superior Court No. 0202109CR): Mr. C. was a dorm resident at ASU University. Another resident called police and claimed that approximately 2 months earlier she had witnessed him tearing down ceiling tiles in the dorm, which resulted in approximately $250.00 in damage. Due to the obvious discrepancies in her story, we were able to have the Maricopa County Attorney’s Office dismiss all charges.