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May 4, 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. S. (DMC No. 8009)

CHILD MOLESTATION (DCAC) NOT CHARGED– State v. Mr. C (DMC No. 8009) (Phoenix Police Department Investigated): Mr. C had gone through a divorce with his ex wife and had shared custody of his 6 year old son between North Carolina and Phoenix, Arizona. Mr. C’s ex wife had made numerous allegations against Mr. C in order to gain sole custody. She had made one allegation a year prior to us becoming involved stating that Mr. C had molested their 6 year old son.  He met with Detectives and passed the police polygraph and no charges were brought forward. When she made allegations again against Mr. C, we became involved. We presented evidence that Mr. C’s ex wife was not being truthful. We also allowed the detectives to polygraph Mr. C, in which he passed. We also gave them copies of an independent polygraph we had conducted, and the prior polygraph he had taken a year earlier (all showing that he had passed). We also asked the Detective to go more in depth with interviewing Mr. C’s son. Because it was obvious that the charges were being manufactured, the Detective did not have Mr. C arrested and charged under the Dangerous Crimes Against Children statute for molestation. If he were to have been convicted, he would have spent the rest of his life in prison.

 

May 4, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 8385)

2 COUNTS of CHILD MOLESTATION (DCAC) and 1 COUNT CHILD ABUSE NOT CHARGED– State v. Ms. M (DMC No. 8385) (Surprise Police Department Investigated): Mr. M had gone through a divorce and had joint custody of his son and two daughters. He was in the United States Air Force and was a strict disciplinarian. Police received a call at the hospital that his daughter was there with a burn on her chin which she had claimed that her father had given her from a hot marshmallow stick. Once police began questioning her, she also stated that she and her sister had been molested by Mr. M. We were able to show Detectives that Mr. M’s ex wife was now dating a man, and she and all of the children wished to move to California. However, Mr. M was holding up that process. Because of these allegations, they would now be able to move and would not have to be restricted to the state of Arizona. We also had Mr. M take and pass a polygraph test. The Detective was convinced that these allegations were manufactured, and no charges were brought against Mr. M. Unfortunately, the Family Law Court still allowed Mr. M’s ex wife to move the children out of state, and restricted Mr. M to supervised visits only.

 

May 4, 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. S (DMC No. 8688)

CHILD MOLESTATION (DCAC) NOT CHARGED – State v. Mr. S (DMC No. 8688) (Gilbert Police Department Investigated): Mr. S was a 79 year old grandfather who was babysitting his step granddaughter and her friend when four weeks later, they accused him of touching them in the vaginal area over their clothing. We began an investigation and were able to present the Detective medical records showing that Mr. S was currently under treatment for prostate Cancer and had been impotent for the past 6 years. In addition we had Mr. S submit to a polygraph examination (which he passed), and we sat with the Detective and allowed him to interview Mr. S.

In spite of all this, the Detective still forwarded a report requesting charges against Mr. S for two counts of child molestation (a Dangerous Crime Against Children) to the Maricopa County Attorney’s Office. We met with the Prosecutors and convinced them that no charges should be filed against Mr. S. If he were to have been charged and convicted, he would have been immediately taken into custody without bond until a trial occurred. At his late age, this surely would have killed him.

May 4, 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, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. O (DMC No. 8683)

CHILD MOLESTATION (DCAC) and SEXUAL ABUSE NOT CHARGED – State v. Mr. O (DMC No. 8683) (Phoenix Police Department Investigated): Mr. O’s son was in the process of getting a divorce when Mr. O was babysitting his granddaughter. His 12 year old granddaughter later told her mother that Mr. O had touched her and another one of her friends in her vaginal area. Police questioned Mr. O and then we were retained in order to defend him. We had a polygraph administered on Mr. O, which he passed, and we interviewed the 12 year old’s Doctor. The Doctor found that there was never any indication that Mr. O had molested her, and there was some questionability as to whether she was attempting to live with her mom after the divorce. We turned over all of our evidence to Detectives and they agreed that the girl’s allegations were suspect, and it appeared that they were simply trying to live with the girl’s mother, rather than with her father and/or grandfather. If Mr. O would have been charged and convicted of molesting two separate victims under the age of 14, he would have been facing a Dangerous Crime Against Children aggravator which could have resulted in a minimum of 40 years in prison.

March 17, 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, 909 Scottsdale DUI Wins, Case Victories, Jury Trial Victories, Scottsdale City Court Victories

State v. Ms. W (DMC No. 12692)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: SUPER EXTREME DWI (.214 BAC) EXTREME DUI, DUI and DWI – State v. Ms. W (DMC No. 12692) Mar. 17, 2015 (Scottsdale City Court TR2014-015549): Ms. W was a passenger with a friend who was driving on 2nd Street between Goldwater Boulevard and 68th Street in Downtown Scottsdale. A Police Officer was seen up ahead, and the friend pulled the car over “because he was really drunk”, and didn’t want to get in trouble. Ms. W got out the car and walked to the driver’s side and got in while the driver slid over to the passenger seat. While she was sitting in the car, the engine was on and the air conditioner was on (it was the height of summer). She got on her cell phone to call to have a ride come pick them both up.

The Police contacted Ms. W and arrested her for DUI and underage drinking and driving. They claim that she was in “Actual Physical Control” (APC) of the vehicle. At Jury Trial, we presented evidence that Ms. W was merely using the car as “temporary shelter” until her ride would arrive. The Jury agreed that she was not actually operating the car, and she was found Not Guilty of these charges.

March 16, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 114 Theft and Fraud Pre-Charge Victories, 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 47M Insurance Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. P (DMC No. 8525)

INSURANCE FRAUD/AUTO THEFT NOT CHARGED – State v. Mr. P. (DMC No. 8525) (Arizona Department of Insurance Investigated): Mr. P had purchased a 1 year old Chevy 4×4 truck with lots of amenities. He had the truck for several months, when it was stolen. He reported the theft to his insurance company and filed a claim. He later received a call from Police stating the vehicle was found in Mexico. When he called his insurance company to inform them, they stated that they were already aware of this and felt that he was involved in the theft of his own vehicle in order to file an insurance claim.

After receiving a letter from the Department of Insurance Investigator, he contacted our office. We were able to show that there was no motive for Mr. P. to steal the vehicle (i.e. He was not in financial hardship, nor was there a mechanical problem with the vehicle), and that he was willing to take a lie detector test. After all documentation was forwarded to the Maricopa County Attorney’s Office, we met with the charging Attorney who agreed that no charges would be filed against Mr. P. We also sent a scathing letter to the Insurance company indicated that if they pursued this further that they would be sued for “bad faith”. Mr. P. has no criminal history.

 

March 16, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 46 Theft Pre-Charge Victories, 47J Forgery Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 9544)

EXTORTION and THEFT NOT CHARGED –State v. Mr. G. (DMC No. 9544) (Peoria Police Department Investigated): Mr. G. worked for an International Insurance company as a Certified Safety Professional. He was terminated from the company due to various personal problems, and then he began leaving various voicemails and emails threatening to harm the company’s business. These threats were based upon releasing confidential information to clients and exposing the company to ridicule. The company then called the Peoria Police Department in order to have Mr. G. charged with Extortion pursuant to Arizona Revised Statute 13-1804. Specifically, they were claiming that he threatened to “expose a secret or an asserted fact, whether true or false, tending to subject them to hatred, contempt or ridicule or to impair their credit or business”, unless he received his job back or a larger severance package. We were able to contact the company’s corporate counsel and inform them that Mr. G. suffered from various anxiety disorders. They agreed not to press charges, and to offer Mr. G. free counseling under their Human Resources department, even though he had already been terminated. Mr. G. was never charged, does not have a criminal record, and is now very happy working for another company.

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47A Mortgage Fraud Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 9569)

DEFRAUDING A SECURED CREDITOR/MORTGAGE FRAUD ($41,000) REDUCED to CLASS 6 Open/Misdemeanor CRIMINAL DAMAGE (Designated as a MISDEMEANOR at Sentencing) with PROBATION and ZERO DAYS in JAIL. – State v. Mr. C (DMC No. 9569) (Maricopa County Superior Court CR 2010-115555): Mr. C. and his wife had purchased a house that was well beyond their means. This occurred prior to the housing bubble, and when their rates readjusted, Mr. C. could no longer afford the house. Prior to the house going into foreclosure, he sought bad legal advice and was informed that he could remove various fixtures from the house. After he removed $41,000 in fixtures, he then let the house proceed into foreclosure. JP Chase Bank subsequently contacted Police, and Mr. C. was charged for Defrauding a Secured Creditor/Mortgage Fraud. We were able to arrange for most of the items to be returned and secured an offer from the Prosecutor to Criminal Damage Class 6/Open with Probation. At Sentencing we convinced the Judge to designate the case as an outright Misdemeanor, and to waive any Jail time. Because Mr. C. was employed in the tax preparation field, this allowed him to keep his employment due to the fact that there was no Felony on his record.

 

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, Case Victories, Maricopa County Superior Court Victories

State vs. Ms. M (DMC No. 9788)

RICO/ILLEGAL CONTROL of an ENTERPRISE, CONSPIRACY, POSSESSION of NARCOTIC DRUGS for SALE, 5 COUNTS of POSSESSION of DANGEROUS DRUGS, POSSESSION of PRESCRIPTION DRUGS for SALE, POSSESSION of DRUG PARAPHERNALIA and 7 COUNTS of POSSESSION of PRESCRIPTION DRUGS: ALL REDUCED to 1 COUNT of ILLEGAL CONTROL of an ENTERPRISE and 1 COUNT of FORGERY with PROBATION and 9 MONTHS in JAIL. – State vs. Ms. M (DMC No. 9788) (Maricopa County Superior Court CR 2010-006048): Ms. M. became addicted to the prescription drug Oxycodone and Methamphetamine. She became involved with a ring of people who would forge prescriptions and secure drugs from various Pharmacies around the valley. They would then sell these drugs throughout the Phoenix area for a profit. After one of the individuals was arrested, a search warrant was issued and executed on Ms. M’s house. Various drugs and blank prescription pads were found, and then Ms. M. was arrested. She was ultimately charged with 17 counts of criminal activity. We were able to have Ms. M. enrolled in Counseling for her drug addiction, along with Rehab. We then secured an offer from the Prosecution in which they would not allege Ms. M’s prior Felony convictions. She was ultimately given Probation with a 9 month Jail term that included “2 for 1 eligibility”. She ultimately only had to serve 4.5 months in Jail.

 

 

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, 86C Use of a Wire Communication on a Drug Transaction Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. N (DMC No. 8333)

RICO/ILLEGAL CONTROL of an ENTERPRISE; MONEY LAUNDERING, CONSPIRACY, MISCONDUCT INVOLVING WEAPONS, USE of an ELECTRONIC COMMUNICATION DEVICE in a DRUG TRANSACTION, POSSESSION of MARIJUANA for SALE and POSSESSION of DRUG PARAPHERNALIA: ALL REDUCED to MISDEMEANOR HINDERING a PROSECUTION and MISDEMEANOR USE of a WIRE DEVICE to HINDER PROSECUTION with PROBATION and 8 DAYS in JAIL – State v. Ms. N (DMC No. 8333) (Maricopa County Superior Court CR 2007-007124): Ms. A. lived in a house that was occupied at various times by 7 other co-defendants. She owned the house, and inside of this house there was a large amount of Marijuana and guns. Police obtained a warrant in which they Wire Tapped all of the co-defendants, and then showed up with a physical search warrant. The Police recorded some co-defendants asking Ms. N to “lie to the Police” about who actually was using the residence. Ultimately, a 24 Count Indictment was issued by a Grand Jury Indicting all 7 co-defendants. We were able to demonstrate to the Prosecution that Ms. N. was the least culpable of all of the co-defendants. We eventually secured an offer 2 Misdemeanors which included Probation and 4 weekends of Jail. Originally, Ms. N. had been facing the prospect of over 10 years in Prison.

 

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