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December 18, 2011
Posted on Author By dmcantor Categories 16H Reckless Driving Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. H (DMC No.7311)

REDUCED | RECKLESS DRIVING REDUCED TO AGGRESSIVE DRIVING –  State v. Mr. H. (DMC No.7311) (Phoenix Municipal Court No. 13669073): Mr. C. was charged with Reckless Driving, Speeding, Unsafe Lane Change and Tailgating. Although he was facing enough points to suspend his license for more than 6 months, we were able to secure a plea to a simple Aggressive Driving ticket which involved no license suspension. This was important because Mr. H. had prior convictions for Under Age Drinking and Driving and Driving on a Suspended License. He also had a business in which he could not afford any license suspension.

December 18, 2011
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 75 Orders of Protection / Injunction Against Harassment Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. H (DMC No. 7148)

DISMISSED – Injunction Against Harassment, State v. Mr. H. (DMC No. 7148) (Mesa Municipal Court No. 2007004030): Mr. H. had been accused by his granddaughter of various crimes. She took out an Order of Protection / Injunction Against Harassment against him. He was accused of violating that Order by calling and leaving a message stating, “Hi, this is Gramps, give me a call.” We were able to show that there was no accurate time on the answering machine recording which would indicate whether it had occurred before or after the Injunction was served. On the date of trial, all charges were dismissed.

November 29, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 47J Forgery Victories, Case Victories, Maricopa County Superior Court Victories

State vs. Mr. Q. (DMC No. 9948)

REDUCED | FORGERY – State vs. Mr. Q. (DMC No. 9948) (Maricopa County Superior Court No. CR2010-130829): Mr. Q. was asked by a couple of friends to cash a $4500 personal check made out to a person from California.  They stated that this person did not have two forms of ID, and since it was a personal check, it would be fine since Mr. Q. had an account at that particular bank.  The check had written on the back “Pay to the order of Mr. Q.” and was allegedly signed by the account holder.  When he went to the bank, the police arrived and it was confirmed that the check had been stole out of the account holder’s mailbox.  Even though this started off as a class 4 felony with serious implications, it was reduced to a class 6 open which became a misdemeanor.  It included 6 months of unsupervised probation and no jail.

November 23, 2011
Posted on Author By dmcantor Categories Blog

Child Pornography Cases and Computer Forensics

Today David Michael Cantor, a Sex Crime Defense Lawyer, based in Phoenix, AZ, discusses Child Pornography Cases and Computer Forensics.

As David mentioned in last years video post about Limewire closing down, more people are finding themselves on the wrong end of the law because of various file sharing programs. Almost immediately after Limewire closed the network was shifted over to Frostwire allowing people to continue to download files from other users computers easily and with unforeseen dangers. As David explains again, but in more detail in this video, when you download files from other peoples computers it is very easy to unknowingly download child pornography and other files that can result in decades of prison time.

In this video David goes into further technical detail about how various files end up on your computer. Even when you delete a file from your computer there can still be parts of the file on your computer that can be used as evidence against you.

If you do find yourself or someone you know in trouble for this type of activity it is important that you get competent and experienced legal representation. It is also critical that a computer forensics expert be involved as well.

Tami Loehrs: Computer Forensics Expert (520) 219-6807

Kim Hart: False Allegation of Abuse Trial Consultant (419) 868-6016

November 22, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. S (DMC No. 10260)

AGGRAVATED ASSAULT FELONY 4 REDUCED to Disorderly Conduct Misdemeanor- State v. Mr. S. (Pinal County Superior Court CR2009-00829:
Mr. S. was seen by multiple witnesses punch another person while at a local bar in Florence, Arizona. The victim was flown via emergency helicopter to Scottsdale Osborn Hospital where he was treated for his injuries. Mr. S., who had left the bar before the police arrived, was later contacted by police however was not immediately arrested. After completing their investigation, Mr. S. was charged with Aggravated Assault, a Class 4 Felony, based on the severity of the injuries. During interviews of multiple witnesses it was discovered that the victim had previously tried to start a fight with Mr. S. weeks prior and this altercation may have been a continuation of that previous contact. After dismantling the State’s case, the prosecution offered, and Mr. S. accepted, a plea agreement to one misdemeanor count of Disorderly Conduct. Mr. S. was sentenced and ultimately placed on just one year of unsupervised probation.

November 22, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. S (DMC No.)

CONVICTION SET ASIDE | DUI – (Tempe Municipal Court No. 06-887547): Mr. S. had a DUI conviction when he was in college. He had since graduated college with a Bachelor’s degree, and was currently applying to be a PGA professional so he could go out on tour playing golf. We were able to show the judge that he had changed his life, and needed to have his conviction of guilt set aside. The judge agreed and set aside all penalties.

November 22, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, Case Victories, City Court Victories, Flagstaff City Court Victories

State v. Mr. H (Case No. 98-00505, 97-004806 & 97-00375)(DMC No.)

CONVICTION SET ASIDE | Disorderly Conduct, Possession of Drug Paraphernalia and Minor in Consumption – (Flagstaff City Court No. 98000505, 97004806 & 9700375): Mr. H. had numerous problems with the law before he was 21 years of age. He was now 30 years old and wished to have his record cleaned up because he was getting his Masters degree in education and was currently a High School teacher. We were able to convince the judge to set aside all of his convictions, thereby allowing him to achieve a higher position with more pay in the teaching industry.

November 22, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. E (Case No. CR2002-017672)(DMC No.)

CONVICTION EXPUNGED / Set Aside | AGGRAVATED DUI – State v. Mr. E. (Maricopa County Superior Court No. 2002-017672): Mr. E. had been convicted of Aggravated DUI approximately 4 years prior, and he had served his 4 months in prison and satisfied all of the probation and court requirements. He needed his judgment of guilt set aside in order to restore his civil rights, his right to vote, and his right to possess a firearm, thereby allowing him to more successfully seek employment. We were able to show the court that Mr. E. was immature at the time of his DUI convictions, and that he had successfully completed alcohol counseling and no longer consumed alcohol. The judge agreed with us and set aside his judgment of guilty and restored his civil rights.

November 22, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. F (DMC No.)

CONVICTION SET ASIDE | DUI – (Scottsdale City Court No. 2006-017984CR): Mr. F. had been convicted of a DUI one year prior in the City of Scottsdale. He was a practicing physician with over 21 years experience. In order to keep his position on various medical association boards and continue interacting with the State Legislative Affairs Committee on medical issues, it was necessary to have his conviction set aside. Once we proved to the judge that Mr. F.’s DUI arrest was a one-time issue, the judge set aside the judgment of guilt regarding Mr. F.’s DUI conviction.

November 17, 2011
Posted on Author By dmcantor Categories 116 Drug Crime Pre-Charge Victories, 600 Drug Crimes Victories, 85 Drug Sales/Transportation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 7086)

NOT CHARGED | POSSESSION OF MARIJUANA & POSSESSION OF DANGEROUS DRUGS FOR SALE – State v. Mr. B. (DMC No. 7086): A search warrant was served on a house that Mr. B. shared with several individuals. In that house they found 8 bales of marijuana, 18 grams of methamphetamine, $37,000 in cash, and numerous guns. We were able to convince the police and prosecutors that although he was present at the house during the search, he was unaware of any of these items inside the house. All other residents were indicted for crimes except for Mr. B. He was facing potential years in prison.

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