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July 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, 908 Phoenix DUI Wins, Case Victories, Maricopa County Superior Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. W. (DMC No. 6565)

COMPLETE ACQUITTAL at BENCH TRIAL | DUI (.081 BAC)  – State v. Mr. W. (DMC No. 6565) (Phoenix City Court 3403327): Mr. W. was observed by a police officer exiting a Taco Bell drive-thru and driving over the curb on the way out to the street.  He was subsequently stopped and processed for a DUI.  He provided a blood test of .081, after he had requested a private call with his lawyer.  Because the police were within 10 feet of Mr. W. during this phone call, we were able to convince the State to dismiss the DWI charge (blood alcohol .081).  At bench trial to the Judge, Mr. W. was found Not Guilty of DUI (driving under the influence).  He has no conviction on his record.

June 8, 2015
Posted on Author By dmcantor Categories 1100 Partial Jury Trial Acquittals, 16E Unlawful Flight from Police Victories, 2 DUI / Vehicular Crime Jury Trial Partial Acquittals, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v Mr. S (DMC No. 12936)

Not Guilty / Partial Acquittal at Jury Trial – Felony Unlawful Flight from Police Only – State v Mr. S (Jun. 8, 2015) (DMC No. 12936) (Maricopa County Superior Court CR2014-128888):  Mr. S had been out drinking one night, and then had gone through a drive-thru of a local fast food restaurant.  While he was at the drive-thru, he was violently assaulted by another individual who had walked up to his vehicle.  He suffered extensive bruising and lacerations on his face.  He immediately took off out of the drive-thru, and was pursued by his attacker.

An Officer saw him driving very fast and pulled out onto the street to begin pursuing Mr. S.  His attacker then pulled off the roadway and made a right hand turn.  The Officer continued following Mr. S and he eventually pulled him over.  Mr. S did not see the Police vehicle behind him because he had large speakers, which blocked his rear view out his back window.  He was ultimately charged with Misdemeanor DUI and Felony Unlawful Flight from the Police per Arizona Revised Statute ARS 28-622.01.  At Jury Trial, we presented all of the relevant facts involved, along with photographs of Mr. S’s injuries.  The jury found Mr. S Not Guilty of the more serious Felony charge. Although he was potentially facing up to 2 years in prison, he has no felony record thanks to his Acquittal.

June 4, 2015
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories, Lake Havasu City Court Victories

State v. Mr. J (DMC No. 12891)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: DUI and DWI (.112 BAC)-State v. Mr. J (DMC No. 12891) Jun. 4, 2015 (Lake Havasu Consolidated City Court MTR2014-03161): Mr. J was traveling southbound on Acoma approaching Daytona Road in Lake Havasu City, Arizona. A Police Officer claimed that Mr. J did not come to a complete stop at a stop sign. He then pulled him over and processed him for a DUI. He subsequently provided a breath sample which showed a .112 BAC.

At Jury Trial, we argued to the Jury that the stop was questionable (ie. “Pretext” stop). We also pointed out that Mr. J had acid reflex which could cause a mouth alcohol issue and falsely inflate his breath reading. In addition, there was a Radio Frequency Interference (RFI) warning that showed up on the machine 5 minutes prior to Mr. J’s breath test. Lastly, he asked to be released to get an Independent Blood Test, and was instead booked into Jail and only given a phone book. We argued that the Police Officer knew that he must be released to get the test because no hospital nurse will show up to the jail. The Jury deliberated for about 1 hour and found Mr. J Not Guilty of all charges.

May 22, 2015
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Highland Justice Court Victories, Jury Trial Victories

State v. Mr. S (DMC No. 12842)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: DUI and DWI (.127 BAC) – State v. Mr. S (DMC No. 12842) May 22, 2015 (Highland Justice Court TR2014-142693): Mr. S was stopped by DPS Officer Doucet on the US-60 in Phoenix, Arizona. The Officer claimed that Mr. S performed poorly on Field Sobriety Tests and arrested him for DUI. He was then taken to the Police Station where a blood test revealed at .127 BAC.

At Jury Trial we presented medical evidence showing that Mr. S had a knee injury which caused him serious issues with his balance and affected his Field Sobriety Tests. We also had medical evidence showing he had a natural “nystagmus,” which causes an involuntary jerking or bouncing of his eyes. This is often a sign or symptom of alcohol impairment, (if there is not a medical cause). Lastly, the Jury was presented which evidence regarding possible flaws in the blood collection and analysis. The Jury found Mr. S Not Guilty of all charges.

May 4, 2015
Posted on Author By dmcantor Categories 1800 Sentence Modification Victories, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 9467)

LIFETIME PROBATION (ATTEMPTED SEXUAL CONDUCT with a MINOR) TERMINATED State v. Mr. C (DMC No. 9467) (Maricopa County Superior Court No. CR 1998-013081): Mr. C (A transgender male) was bipolar and had a psychotic episode in which he believed he was a “king” and ordered his son to touch his penis. He was ultimately charged and plead guilty to Attempted Sexual Conduct with a Minor Under the age 15 and was placed on “lifetime probation”.  12 years later, Mr. C had gone through extensive psychological counseling, was regulated on medication and had numerous letters of support vouching for his character. We filed a Motion to Terminate Lifetime Probation, and over objection of the Prosecutor and Probation Department we were able to have the Judge grant that. He currently lives a probation free life.

May 4, 2015
Posted on Author By dmcantor Categories 1800 Sentence Modification Victories, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 9474)

MOTION TO MODIFY PROBATION (FELONY TO INDECENT EXPOSURE) to ALLOW CONTACT with DAUGHTER GRANTED– State v. Mr. D (DMC No. 9474) (Maricopa County Superior Court CR 2009-150549): Mr. D had gotten into a fight with his girlfriend after drinking, and that fight spilled into the living room. Unfortunately, Mr. D was naked at the time, and her 12 year old witnessed this. He ultimately plead to a felony Indecent Exposure and was ordered (as a condition of probation) to have no contact with his own 16 year old daughter. We became involved and filled a Motion to Modify Conditions of Probation to allow him to have contact with his own daughter. Although the Probation Department and Prosecutors objected, the Judge agreed with us and granted him the ability to see his own daughter and have contact.

May 4, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 8689)

2 COUNTS SEX ABUSE NOT CHARGED– State v. Mr. M (DMC No. 8689) (ASU Police Department DR No. 08-0607, DR No. 08-0584): Mr. M was an ASU student who was accused of groping females at several of the buildings at ASU. When police questioned him, he briefly answered questions and then invoked his right to remain silent. We were able to speak with Detectives and pointed out that they had bearing flaws with the photo line ups shown to 4 different ASU students. In addition, we also presented some evidence of alibi indicating that Mr. M was not present at one of the building when this so called sex abuse took place. Ultimately, the Detectives agreed that they did not have enough evidence to move forward with charges.

 

May 4, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. M (DMC No. 6881)

SEX ABUSE OF A MINOR INMATE NOT CHARGED– State v. Mr. M (DMC No. 6881) (Maricopa County Sheriff’s Office DR No. 06-196157): Mr. M was a Detention Officer working at the Durango Street Juvenile Jail when he was assigned to a suicide watch of a young male inmate. The inmate made allegations to the Doctors at the hospital that Mr. M had touched his buttocks several times, said that he ”loved him” and  tried to kiss him. After the Officer was put on paid leave, we became involved. We brought in Mr. M to be interview by Detectives, and we also agreed to submit to a lie detector test. We also presented them with a copy of a past polygraph test which we had independently administered. The Maricopa County Attorney’s Office ultimately declined to press charges and Mr. M later went and honorably served in the United States Army.

 

May 4, 2015
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 9098)

2 COUNTS FELONY PUBLIC SEXUAL INDECENCY TO A MINOR REDUCED MISDEMEANOR INDECENT EXPOSURE with PROBATION and ZERO DAYS of ACTUAL JAIL– State v. Mr. C (DMC No. 9098) (Maricopa County Superior Court CR 2008-173383): Mr. C was a 73 year old man who would work the grave yard shift and get off at 10:00 in the morning. He would routinely go to watch a movie at a local movie theater and would eat his dinner along with a 32oz soda. While he was in a movie theater he had to urinate (as he had bladder issues), and he reached inside his shorts in order to hold himself to keep from peeing. A family sitting next to him with two minor children observed this and the police were called. Although Mr. C stated he was only holding his penis to prevent peeing himself, the family stated that he was actually fondling himself. We were able to present mitigating evidence to the prosecutor would secure a misdemeanor offer with four months of defered jail (which was deleted when he successfully completed probation). He originally was facing years in prison, but ended up with probation, a misdemeanor and Zero days in jail.

 

May 4, 2015
Posted on Author By dmcantor Categories 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, Mesa City Court / Mesa Municipal Court Victories

Stave v. Mr. J (DMC No. 9696)

2 COUNTS PUBLIC SEXUAL INDECENCY and 2 COUNTS INDECENT EXPOSURE REDUCED to MISDEMEANOR DISORDERLY CONDUCT at JURY TRIAL AFTER EVIDENTIARY HEARING RE: CORPUS DELICTI RESULTED in SUPPRESSING DEFENDANT’S STATEMENTS– Stave v. Mr. J (DMC No. 9696) (Mesa City Court No. 2009-069324): Mr. J was accused by two young children of driving around the neighborhood and exposing himself while engaging in masturbatory conduct. He was subsequently arrested on two counts of Public Sexual Indecency and two counts of Indecent Exposure. At trial, we were able to show at a Motion in Limine hearing that any alleged statements gather by Mr. J were improperly coerced by police. We are also show that they are no actual evidence he committed a crime without these statements. The judge agreed and suppressed all statements. Because of that development, the Prosecutor would most likely not win at jury trial, and therefore offered a plead to a single count of misdemeanor Disorderly Conduct (not for a sexual purpose).

 

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