Our Location

40 N. Central Ave, Suite 2300
Phoenix, AZ 85004

Free Consultation

(602) 307-0808
Call Now, Open 24/7
January 26, 2015
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. R. (DMC No. 9156)

REDUCED | CHILD MOLESTATION REDUCED to INDECENT EXPOSURE Class 6 Open/Misdemeanor with PROBATION and 45 DAYS of DEFERRED JAIL – State v. Mr. R. (DMC No. 9156) (Maricopa County Juvenile Court JV549236): Mr. R. was an 11 year old juvenile who was accused of having his 4 year old cousin touch is private parts. When he was confronted by his Aunt, he said he only did this because somebody had been touching him at school. After an investigation at the school, they recontacted Mr. R. and he admitted that he made up the story about the school because he was embarrassed about having his cousin touch him. He ultimately was charged in juvenile court with Child Molestation, pursuant to ARS 13-1410. We were able to have him tested by a Psychologist for both competency and for whether he was a risk to reoffend. This was done through a Psychosexual Risk Evaluation. We ultimately secured an offer to a juvenile charge of Indecent Exposure, which became a Misdemeanor upon successful completion of Probation. Also, no conviction appeared on his record once Mr. R. turned 18 years of age. He could have potentially been charged into Adult Court, or forced to register as a sex offender up until the age of 25 by the Juvenile Court. Mr. R. is now leading a productive life as an adult.

January 26, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Coconino County Superior Court Victories

State v. Mr. M. (DMC No. 8013)

REDUCED | 2 COUNTS of CHILD MOLESTATION (DCAC) REDUCED to ATTEMPT with PROBATION and ZERO DAYS in JAIL – State v. Mr. M. (DMC No. 8013) (Coconino County Superior Court CR2007-0791): Mr. M. had been divorced and had an 11 year old adopted daughter (who was adopted when she was 1 ½) and a 9 year old biological daughter with his ex wife. During his 2 weeks of visitation each summer he would take his daughters to Flagstaff to the Slide Rock Lodge. After returning home from one of the trips, his 11 year old adopted daughter claimed to their mother that Mr. M. had fondled her and removed his exposed penis and “rubbed it on her”. When Police had the alleged victim initiate a “confrontation call”, which was recorded, Mr. M. denied everything. At the end of the call, the alleged victim stated “maybe I was dreaming it”. When Police contacted Mr. M. directly he agreed to do a polygraph test and to answer all questions. After answering questions, a polygraph test was scheduled for a later date, which was cancelled under advice of his attorneys. His ultimately was indicted for Child Molestation, ARS 13-1410, a Dangerous Crimes Against Children (DCAC).

We became involved in the case and were able to secure Mr. M.’s release pending trial. Otherwise, he would have to remain incarcerated until the case resolved. We also had him take a polygraph test in which he passed. During the defense of the case we were able to show that his adopted daughter had a history of exaggerating and making up stories. We also discovered that there were eight empty beer cans found in the waste basket, and Mr. M. had been drinking heavily the night of the alleged incident. He remembered nothing after he fell asleep in front of the TV until he woke up the next morning. The Deputy Coconino County Attorney in charge of the case ultimately offered a plea to “Attempt” based upon Mr. M.’s intoxicated state, which would include probation. At sentencing, we convinced the judge to issue zero days in jail and Mr. M. was required to take alcohol abuse classes. Mr. M. was originally facing 10 to 23 years in prison (day for day) if he were to have been convicted.

January 26, 2015
Posted on Author By dmcantor Categories 22 Child Molestation/Sexual Conduct With Minor Dismissals, 30 Indecent Exposure Dismissals, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 9750)

DISMISSED | CHILD MOLESTATION (DCAC), SEX ABUSE (DCAC) and FELONY INDECENT EXPOSURE – State v. Mr. C. (DMC No. 9750) (Maricopa County Superior Court CR2010-006442): Mr. C. was a 61 year old man who lived across the street from a family who had a 6 year old daughter. He would often babysit the 6 year old daughter, who had emotional problems. She would often take off her clothes and dance naked in his living room and he would have to tell her to stop and immediately take her home to her mother. She would also walk into his bathroom when he would be urinating and try and look at his exposed penis. The girl’s father (who did not live with her or the mother) heard accusations from his daughter that she had been touched by Mr. C. He immediately contacted the Goodyear Police Department and an investigation was conducted on Mr. C.

We became involved and allowed him to be polygraph and voice stress analyzed by the Goodyear Police Department. Although his results were “truthful” on the tests, they still felt he was not telling the truth. Approximately 3 years later, Mr. C. was indicted and charged (long after he thought this issue was closed). His charges included Child Molestation under ARS 13-1410; Sex Abuse under ARS 13-1404; and Felony Indecent Exposure under ARS 13-1402. During our investigation we exposed many flaws in the Detective’s reports, and some out right falsities attributing statements to Mr. C.’s adult children. We also filed a motion to have the Grand Jury indictment remanded based upon these flaws. Just prior to the date of trial, the Deputy Maricopa County Attorney in charge of the case filed a Motion to Dismiss all charges. Originally, Mr. C. would have spent the rest of his life in prison if he were convicted of these charges.

January 23, 2015
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Paradise Valley City Court Victories

State v. Ms. K (DMC No. 9107)

DRIVING on SUSPENDED LICENSE REDUCED to LICENSE not in POSSESSION TICKET – State v. Ms. K. (DMC No. 9107) (Paradise Valley City Court 33183A):  Ms. K. was from Korea and was cited at Cheney at 70th Street in Paradise Valley, Arizona.  She was accused of driving on a suspended license.  Because Ms. K. was from Korea, we were able to demonstrate to the Prosecutor that she did not understand that when she had taken care of previous traffic tickets she was to have gone to the DMV in order to reinstate her license.  They agreed to drop the criminal charge in exchange for a simple “license not in possession” ticket and a small fine. Originally, the conviction may have interfered with Ms. K.’s immigration status.

January 14, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 20 Sex Crime Jury/Bench Trial Victories, 300 Sex Crime Victories, 36 Prostitution / Solicitation Dismissals, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Ms. M (DMC No. 8114)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: PROSTITUTION- State v. Ms. M (DMC No. 8114) Oct. 23, 2008 (Tempe City Court No. 08-061683): Ms. M had an Ad under the listing of “Erotic Services” on Craigslist. Undercover Tempe Detectives set up a sting operation. One Officer contacted her and asked her how much it was ”for her services”. She responded that it was $350 and he got her down to $300. When she showed up at his hotel room, she matched the photograph that was in the Ad. He asked her if she was the one who placed the advertisement, and when she said yes, she was immediately arrested.

At Bench Trial we were able to show that no sex acts were discussed, nor was any money exchanged. In fact, she had only walked in the room and stated that she had posted the Ad. The judge ruled in our favor and found that there were no elements of Prostitution given the evidence presented, and a verdict of Not Guilty was rendered. Ms. M was Acquitted of all charges.

January 2, 2015
Posted on Author By dmcantor Categories 100H MIC/MIP Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. O. (DMC No. 6273)

MINOR in CONSUMPTION of ALCOHOL DISMISSED due to IDENTIFICATION ISSUE – State v. Mr. O (DMC No. 6273) (University Lakes Justice Court JC2006-106801): Mr. O lived in a fraternity house at Arizona State University and there was a party at his house. Police were called because somebody had punched the back of a car and committed Criminal Damage. When Police arrived, they saw 12 people inside one of the rooms at Adelphi Commons, and they subjected everyone to a Portable Breath Test. They claimed that Mr. O tested a .099 BAC.

Mr. O was subsequently charged with Minor in Consumption of Alcohol per Arizona Revised Statute ARS 4-244.40. During subsequent interviews, the Officers weren’t able to identify Mr. O from a photo lineup. We were then able to convince the Prosecutor to dismiss all charges against Mr. O.

October 13, 2014
Posted on Author By dmcantor Categories 1200 Dismissed at Trial, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 54 Felony Aggravated Assault Dismissals, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Jury Trial Victories, Pinal County Superior Court Victories

State v. Ms. J (DMC No. 12366)

Dismissed at Jury Trial – Felony Child Abuse and Felony Aggravated Assault on a Child – State v. Ms. J (Oct. 13, 2014) (DMC No. 12366) (Pinal County Superior Court CR2013-00944): Ms. M was married to another woman (our client, Ms. J) who had two children (a 10 year old & a 12 year old).  During the course of the relationship Ms. M’s wife became separated from Ms. M and they were in the process of divorce.  They still shared custody of the children during visitation. At one point, Ms. M’s ex-spouse stated that the two children came home and claimed one had been whipped with a belt across their rear buttocks, and the other had been head butted by Ms. J.

Ms. M’s ex-wife then took the children to the Police and reported the incident.  She secured an Order of Protection, and was given Temporary Custody of both children.  The children were interviewed by Police, and confirmed the stories.  Ms. J was then charged with Felony Child Abuse per Arizona Revised Statute ARS 13-3623, and Felony Aggravated Assault on a Child.

We became involved in the case, and immediately secured the interviews and photographs of the children’s injuries. From the photographs, it did not appear the injuries were remotely close to the injuries described in the Police Reports.  We were also able to demonstrate that these allegations were being potentially used to gain an advantage in the custody battle.  Just prior to Jury Trial, the Prosecutor agreed to dismiss all charges if Ms. J were to do some Diversion classes.   Rather than risk multiple years in prison should she lose a trial, Ms. J agreed to do the classes in exchange for complete Dismissal of all charges.

October 2, 2014
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. R (DMC No. 10410)

Mr. R had a daughter who he had been living with him and his life partner. The daughter had come to school with a black eye, and had reported that the father’s life partner had struck her. After CPS (now the Arizona Department of Child Safety/DCS) were called in, the life partner was turned over to Police authorities for investigation. Mr. R was accused of not reporting the incident and CPS took temporary custody of his daughter, and eventually “substantiated” the charge.

Mr. R hired us to Appeal the decision and we were able to demonstrate that he was not aware that this abuse incident had even taken place. Through working with DCS, they agreed to reverse their finding if Mr. R agreed to a “parenting plan” with CPS. Mr. R got his child back and his household was reunited.

August 25, 2014
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. C (DMC No. 8881)

NOT CHARGED | CHILD MOLESTATION – State v. Mr. C. (DMC No. 8881) (Maricopa County Sherriff’s Office Investigated): Mr. C. and his wife were friends with another woman and her boyfriend.  All of them were at Mr. C.’s house, along with their children when they had stayed overnight.  Approximately two weeks later, the woman’s ex-husband called Mr. C. and accused him of touching his 11 year old daughter who had spent the night there previously.  Mr. C. denied this, got off the phone and immediately contacted his wife and the child’s mother.  The call that he had received was a tape recorded call set up by the Maricopa County Sherriff’s Office as a “Confrontation Call”.  We became involved and discovered that the alleged victim did not like living with her mother and wanted to move back with her father.   We met with Detectives and offered to do a Voice Stress Analysis and a Polygraph test.  After this “free talk” was conducted, the County Attorney’s Office declined to file any charges.  Mr. C. had been facing a minimum of 20 years in prison based on the allegations.

August 25, 2014
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. L (DMC No. 8880)

NOT CHARGED | CHILD MOLESTATION | State v. Mr. L. (DMC No. 8880) (Surprise Police Department Investigated): Mr. L. was divorced and had shared custody of his two daughters (12 and 13 years old).  The day before allegations were made of Molest, his 13 year old daughter was suspended from school for handing out medication to other students.  She was grounded and could not have her friends over.  This is when she made allegations that Mr. L. touched her.  Mr. L.’s ex-wife immediately filed for Sole Custody and got CPS involved along with police.  We sat down with police in order to conduct a “free talk”, and offered to have Mr. L. polygraph.  The CPS investigation was shut down and no criminal charges were brought against Mr. L.  However, his ex-wife was able to leverage these allegations in order to have Temporary Order issued by the Family Law Court, which gave her Temporary Custody of the 13 year old.

1 … 52 53 54 55 56 … 176
Call Now Button