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March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47C Racketeering (RICO) / Illegally Conducting an Enterprise (Federal Charge) Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, 86 Miscellaneous Drug Crime Victories, 86A Manufacturing of Dangerous Drugs Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 9458)

RICO/ILLEGAL CONTROL of an ENTERPRISE; CONSPIRACY; 2 COUNTS PRODUCTION of MARIJUANA (59 Plants) and POSSESSION of MARIJUANA for SALE: ALL REDUCED to ATTEMPTED POSSESSION of MARIJUANA for SALE with PROBATION and ZERO DAYS in JAIL – State v. Ms. M (DMC No. 9458) (Maricopa County Superior Court CR 2009-006134): Ms. M and 3 male codefendants were all living in a residence which maintained a Hydroponic growing facility which produced Marijuana. Officers had responded to a call of a strong odor of Marijuana coming from the residence, and after speaking with the residents a search warrant was issued. Eventually, 59 plants were found along with various Marijuana growing equipment that was valued at over $60,000. She was then charged under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show the Assistant Arizona Attorney General that Ms. M was far less involved than the other co-defendants, and therefore she deserved an offer which included Probation with the ability to argue for zero days in Jail. At sentencing, the co-defendants were given 1 year in Jail, and Ms. M was awarded zero days in Jail. Originally she had been facing mandatory Prison time.

 

February 2, 2015
Posted on Author By dmcantor Categories 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, Scottsdale City Court Victories

State v. Mr. S. (DMC No. 6485)

CRIMINAL DOG at LARGE REDUCED to CIVIL BARKING DOG TICKET – State v. Mr. S (DMC No. 6485) (Scottsdale City Court 2006-002747): Mr. S had an ongoing feud with his next door neighbor regarding his dogs. His dogs would often get out and would bark at all hours of the night. Police were called, and discovered Mr. S dogs out again. Mr. S had just gotten off of probation for a previous “Barking Dog” ticket. He was subsequently cited for Dog at Large under Scottsdale City Code SRC 4-17C. We were able to get the case reduced from a criminal charge down to a civil Barking Dog charge which included no Jail and only a $100 fine.

February 2, 2015
Posted on Author By dmcantor Categories 100O Public Intoxication/Consumption of Alcohol Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. P. (DMC No. 9389)

PUBLIC INTOXICATION DISMISSED – State v. Mr. P (DMC No. 9389) (Scottsdale City Court No. 2008-034054): Mr. P was employed by an Assisted Living Home and was taking care of an elderly gentlemen who was in a wheelchair. Various people called the Police, because they were concerned that Mr. P was impaired and that the gentlemen in the wheelchair was at risk and left unattended outside. When Police made contact with Mr. P, they smelled a strong odor of alcohol and gave him a breath test which revealed a .232 BAC. Mr. P was cited for Public Intoxication under the Scottsdale City Code SRC 19-8A. We argued to the Prosecutor that the City code was “Void for Vagueness”, and therefore Unconstitutional. The Prosecutor agreed and dismissed all charges against Mr. P.

February 2, 2015
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 1600 Probation Violation Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. B (DMC No. 6925)

PAROLE REINSTATED – State v. Mr. B (DMC No. 6925) (Arizona Board of Clemency-DOC No. 039589):  Mr. B had previously been convicted of Possession of Stolen Property per Arizona Revised Statute ARS 13-2306 and Promoting Prison Contraband per Arizona Revised Statute ARS 13-2505. He had been released on “community supervision” (Parole) and was subsequently taken into custody when he tested positive for methamphetamine. We were able to have Mr. B enrolled in the “Men In Recovery” program and we showed them that he was provided with unnecessary tools to deal with his drug addiction while outside of prison. Mr. B had originally spent 25 years in prison on a 47 year sentence, and he was now facing the possibility of serving the remaining 22 years in prison. Because of our efforts, he was reinstated on parole and released from prison. He is currently performing admirably and is employed.

February 2, 2015
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A. (DMC No. 6830)

FELONY PROMOTING PRISON CONTRABAND (with PRIOR CONVICTION while on PROBATION) REDUCED to PROBATION with 30 DAYS in Jail – State v. Mr. A (DMC No. 6830) (Maricopa County Superior Court CR2006-008600): Mr. A had been convicted of Aggravated Assault and was serving a jail sentence with work release. He returned back to the jail with morphine pills in his pocket. He was subsequently charged with Promoting Prison Contraband (a Class 2 Felony) and was facing over 10 years of potential prison. Promoting Prison Contraband under Arizona Revised Statute ARS 13-2505 makes it a crime to “knowingly” bring contraband into a jail or prison. We were able to show the Prosecutor that Mr. A did “knowingly” have the pill in his pocket, but he had forgotten it was there when he came back to the jail. We were able to have the case reduced down to a simple probation disposition with 30 days in jail.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A (DMC No. 6867)

NOT CHARGED | SEXUAL ASSAULT (DCAC); SEXUAL CONDUCT with a MINOR (DCAC) and CHILD MOLESTATION (DCAC) ALL INVOLVING 3 ALLEGED VICTIM’S NOT CHARGED – State v. Mr. A. (DMC No. 6867) (Mesa Police Department Investigated): Mr. A. was a 74 year old grandfather who had been supporting his drug addicted daughter’s children. Because his daughter and her husband had owed him a sizeable amount of money and they were being “cut off” from financial support, she had her three granddaughters now make accusations of Sexual Misconduct, Sexual Assault and Child Molestation, all Dangerous Crimes Against Children (DCAC) per ARS 13-1405, ARS 13-1406, and ARS 13-1410 against Mr. A. We had Mr. A. take a polygraph test in which he passed indicating that he never touched these children. Eventually the oldest of the three children who was now 18 contacted us indicating that her parents told them to lie. We got her in touch with the Detectives and she informed them that these were all manufactured allegations. Her parents had since moved out of State and were still abusing drugs. No charges were brought against Mr. A. If charges had been brought, he would have been held as “non bondable” until the case finalized and if convicted he would have spent the rest of his life in prison.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. G (DMC No. 9436)

NOT CHARGED | SEXUAL CONDUCT with a MINOR NOT CHARGED – State v. Ms. G. (DMC No. 9436) (Maricopa County Sheriff’s Office Investigated): Ms. G. was 27 years old and had dated a 37 year old man who had a 17 year old son. After they had broken up, her ex boyfriend accused her of sleeping with his 17 year old son. He stated that he had called the Maricopa County Sheriff’s Office and they were now investigating her and for Sexual Conduct with a Minor under Arizona Revised Statute 13-1405. We then contacted the Maricopa County Sheriff’s Office and indicated that we represented Ms. G. and that she would not be answering any questions as to whether had or had not slept with the 17 year old. Ultimately, no charges were brought against Ms. G.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. K (DMC No. 9395)

NOT CHARGED | CHILD MOLESTATION (DCAC) – State v. Mr. K. (DMC No. 9395) (CPS Investigated): Mr. K. acted as a mentor for special needs kids who lived in a group home. He mentored a young man who was 14 years of age who was being vetted during the adoption process. The couple who was trying to adopt the child were denied the adoption and made allegations that Mr. K. been molesting the child. CPS became involved and were ascertaining whether charges should be forwarded regarding Child Molestation as a Dangerous Crime Against Children under ARS 13-1410. We had Mr. K. take a polygraph test, in which he passed showing there was no molestation. In addition, we had CPS interview the child directly. The child stated that Mr. K. had never molested him, however the child stated he was molested when he was 5 years of age by somebody different. Ultimately, no charges were ever brought against Mr. K. and he was allowed to continue as a mentor to at risk youth.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. K (DMC No. 9376)

NOT CHARGED | 2 COUNTS of SEXUAL CONDUCT with a MINOR – State v. Ms. K. (DMC No. 9376) (Phoenix Police Department Investigated): Ms. K. was a 37 year old high school teacher at Fairfax High School in Phoenix Union School District. She had engaged in inappropriate communications on Myspace with two of her students (age 17 and 16). She had also shared a cigarette with the students but had done nothing else. The students then claimed that they had sex with their teacher, and the Phoenix Police Department began investigating. They were looking into charging Ms. K. with 2 counts of Sexual Conduct with a Minor pursuant to ARS 13-1405. We were able to explain to the detectives that this was the fantasies of two students, and that there was no physical evidence or truth to the statements. Although Ms. K. was initially facing incarceration and the loss of her teaching certificate, no charges were brought against her.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 8228)

NOT CHARGED | SEXUAL CONDUCT with a MINOR – State v. Mr. B. (DMC No. 8228) (Yavapai County Sheriff’s Office Investigated): Mr. B. his cousin and his cousin’s friends were all driving to Prescott when they pulled up next to a girl’s car while driving. She exchanged phone numbers with them and they invited her to their party. She went home, got a friend and went to the party to meet the men. She was 16, yet told them she was 19. Mr. B. was 20 years old and he engaged in consensual sex with the young lady. She then engaged in sexual conduct with other men at the party, and Mr. B. became upset and called her various names and left the party. Her friend then took the young lady to the police station and claimed she had been sexually assaulted. The Yavapai County Sheriff’s Office then began investigating Mr. B. for Sexual Conduct with a Minor pursuant to ARS 13-1405. During the investigation, the young lady admitted that his part was consensual and that she told him she was over the age of 18. Based upon those factors, we convinced the Yavapai County Attorney’s Office to not bring charges against Mr. B. They, however, were still investigating the other men for possible charges of Sexual Assault.

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