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December 19, 2011
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. P (DMC No. 7150)

REDUCED | Vehicular Aggravated Assault, State v. Ms. P. (DMC No. 7150) (Maricopa County Superior Court No. CR2007-006244): Ms. P. was involved in a traffic accident which resulted in 3 Counts of Aggravated Assault Dangerous, and 2 Counts of Endangerment Dangerous. One victim had a broken back, and another victim was ejected from her car, suffering vertebrae injuries. The victim’s vehicle appeared to have been speeding and may have cut off Mr. P. Because Ms. P. had been drinking alcohol, the police drew blood which resulted in a .095 BAC. She was subsequently charged with numerous charges which could have resulted in over 50 years in prison. Even though the initial offers started at 5 years in prison and came down to 2.5 years, we were able to conduct a Settlement Conference and ultimately secured an offer of probation with 6 months of jail with work furlough.

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December 19, 2011
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 7248)

REDUCED to Misdemeanor DUI – Vehicular Aggravated Assault, State v. Mr. W. (DMC No. 7248) (Maricopa County Superior Court No. CR2007-131438): Mr. W. was involved in a traffic accident in which several people were injured. One of the people required staples to be put into his head. Mr. W. had a .19 blood alcohol reading, along with cocaine, marijuana and narcotics in this system. Because of the injuries to the victim, he was facing a potential 5 to 15 years in prison. He was also facing a potential felony DUI because his license was suspended. We were able to exploit various weaknesses of the case and get it plead to a misdemeanor DUI with 1 day in jail.

December 19, 2011
Posted on Author By dmcantor Categories 11 Hit and Run Dismissals, 200 DUI / Vehicular Crime Victories, Case Victories, Dreamy Draw Justice Court Victories

State v. Mr. S (DMC No. 7194)

DISMISSED – Hit and Run, State v. Mr. S. (DMC No. 7194) (Dreamy Draw Justice Court No. JC2006-160203): Mr. S. was involved in a side-wipe collision with another vehicle. Immediately after the collision, Mr. S. threw a bottle filled with red liquid at the alleged victim. He subsequently left the scene without exchanging information. When he was charged with Hit and Run, and Assault, we were able to show that the actual collision was not his fault. However, his behavior afterward did result in a misdemeanor assault charge with a minor fine being imposed. This did not affect his insurance or his driver’s license.

December 19, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 64 Homicide Reduced, 79E First Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 7131)

FIRST DEGREE MURDER (2 Counts) REDUCED to Second Degree Murder – State v. Mr. B. (DMC No. 7131) (Maricopa County Superior Court No. CR2005-141941): Mr. B. and 2 others went to the home of a methamphetamine dealer and his girlfriend under the rouse of borrowing some items. Once they were there, they robbed the 2 victims at gunpoint and shot them. Although Mr. B. was initially facing the Death Penalty, we were able to convince the State to not seek death with our first degree murder defense. We were also able to raise some defenses in the case which resulted in securing a plea to 2 Counts of Second Degree Murder with a sentence of 13 years on each count. Although Mr. B. admitted to being the shooter and firing 12 rounds of ammunition, there were still some significant questions as to the reliability of his confession. Even without death being on the table, most people convicted in Arizona of a double homicide are given a minimum of a natural life sentence, whereas Mr. B. will be free at age 44.

December 19, 2011
Posted on Author By dmcantor Categories 1600 Probation Violation Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 7190)

RESOLVED with Time Served & Termination – Probation Violation, State v. Mr. S. (DMC No. 7190) (Maricopa County Superior Court No. CR2005-005758): Mr. S. had been on probation for a class 6 Felony Endangerment. He had not been appearing and the State wished to revoke his probation. We were able to secure an agreement to revoke his probation in exchange for an additional 54 days in jail and termination of probation. He was originally facing a potential of 2.25 years in prison.

December 19, 2011
Posted on Author By dmcantor Categories 1600 Probation Violation Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 7186)

REDUCED to 90 Days Jail – Probation Violation, State v. Mr. G. (DMC No. 7186) (Maricopa County Superior Court No. CR2003-038760): Mr. G. was on probation for Resisting Arrest and was accused of violating by failing to report on 2 different occasions, failing to pay his monthly service charge, and failing to complete his community service hours. Although he was initially facing up to 2.25 years in prison, we were able to convince the judge to give him a 90 day jail sentence and reinstate him on probation. The judge pointed out to Mr. G. how lucky he was, as this was not his first violation of probation.

December 19, 2011
Posted on Author By dmcantor Categories 700 Property Crime Victories, 94 Burglary Victories, Case Victories, Justice Court Victories, University Lakes Justice Court Victories

State v. Mr. C (DMC No.7244)

DISMISSED | Solicitation of Burglary, State v. Mr. C. (DMC No.7244) (University Lakes Justice Court No. JC2007-115374): Mr. C. was an ASU student. While returning from class with a friend they sighted a golf course cart on ASU’s campus. Mr. C. acted as a lookout while his friend stole various items from the golf cart. We were able to explain to the prosecutor that a conviction would keep Mr. C. from ever obtaining a job in the Federal Government. In addition, this would potentially have caused him to be thrown out of his dorm room by the University. Ultimately, were able to convince the State to dismiss charges “in the interests of justice.”

December 19, 2011
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 700 Property Crime Victories, 94 Burglary Victories, Case Victories

U.S. v. Mr. M (DMC No. 7307)

DISMISSED | Burglary, State v. Mr. M. (DMC No.7307) (United States District Court No. CR06-507-PHX-NVW): Mr. M. worked at a pawn shop where he was accused of stealing $150,000 in jewelry and electronics. During the course of the investigation he admitted to taking one firearm while he worked there, but denied the other thefts. He was able to pass a polygraph test, and we were able to show that the Government lacked any evidence of the items alleged to be stolen. Ultimately he was allowed to do Diversion in exchange for a dismissal of the Theft of Gun charge which had been brought against him. In the end, all charges were dismissed and he had no convictions on his record.

December 19, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No.7257)

REDUCED to Misdemeanor Endangerment – Child Abuse, State v. Mr. B. (DMC No.7257) (Maricopa County Superior Court No. CR 2007-005374): Mr. B. had gone through a divorce with his ex-wife and had custody of his 6 year old daughter. He had gone to work and left his 6 year old at home because the babysitter had canceled. When his ex-wife found out, she contacted police. When police came to the house, they discovered the house in a state of disarray, and they felt Mr. B. had been neglecting/abusing his daughter. After hiring us, we were able to show that the most he should be charged with was an Endangerment. Ultimately the prosecutor agreed and the case was plead down to a Class 6 Undesignated Endangerment, which turned into a Misdemeanor after Mr. B. successfully completed one year of probation.

December 19, 2011
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. H (DMC No. 7155)

REDUCED | Child Pornography, State v. Mr. H. (DMC No. 7155) (Maricopa County Superior Court No. JV-544956): REDUCED to Probation – Mr. H. was a 17 year old male who was utilizing a file sharing software “Limewire.” While downloading music and videos, he came across what appeared to be child pornography. Due to his youth and inexperience, he downloaded these images. He thought they were “gross” and would use them to “freak out” his friends. The FBI traced the images to his computer and executed a search warrant. His mother brought him down for questioning and let him speak to police. This resulted with him being charged with Child Pornography. We were able to keep the case in the juvenile system, as opposed to being transferred to the adult system where Mr. H. would have faced 10 years in prison, per video. Ultimately, the case was resolved with probation until his 18th birthday, 60 days of deferred jail, and various counseling. When he successfully completed his counseling and probation, the jail was deleted and he did not have to register as a sex offender. He now has nothing showing on his adult record.

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