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May 29, 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. 11816)

NOT CHARGED | SEXUAL CONDUCT with a MINOR  –  State v. Mr. C. (DMC No. 11816) (Phoenix Police Department Investigated): Mr. C. was over 18 years old and had been dating his girlfriend who was under 18 while they were both in high school.  They had had sex numerous times over the course of several years when his girlfriend’s mother found her diary.  She found out they had sex when she was 14, 15, and 16, and she contacted police.  Although there were allegations that she was 14 years of age during some of the contacts, which would have exposed Mr. C. to 13 years minimum “day for day” prison for each sex act, we were able to convince the Detective and Prosecutor’s not to bring any charges.

May 29, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 11182)

NOT CHARGED | CHILD PORNOGRAPHY – State v. Mr. R. (DMC No. 11182) (Maricopa County Sheriff’s Office Investigated): Mr. R. was in the middle of a particularly ugly divorce which involved child custody issues, when his wife and her divorce attorney alleged that he maintained child pornography on his computer.  They had taken his computer, hired a computer expert and had them review it for child pornography.  Mr. R. adamantly denied these allegations and we had him take a polygraph test in which he passed.  In addition, we met with Detectives at the Maricopa County Sheriff’s Office and explained to them that the wife had control of this computer for an extended period of time, and it was our belief that she attempted to download child pornography in order to “frame” Mr. R.  The Detectives agreed that the allegations were very suspect, and no charges were brought against Mr. R.  He was originally facing potential life in prison.

 

May 29, 2014
Posted on Author By dmcantor Categories 16A OUI/Boating DUI Victories, 200 DUI / Vehicular Crime Victories, Case Victories, North Mesa Justice Court Victories

State v. Mr. C. (DMC No. 11132)

OUI (.074 BAC) REDUCED to NEGLIGENT OPERATION of WATERCRAFT with ZERO DAYS in JAIL – State v. Mr. C. (DMC No. 11132) (North Mesa Justice Court JC2012-137199): Mr. C. was on the lake with his boat and was towing an inner tube with his three children riding on it.  He was going approximately 5 to 10 mph, and he moved left to allow another boat (that was over 100 feet away) to pass to the right.  Deputies pulled him over in his boat and claimed that he “failed to yield”.  An OUI investigation subsequently ensued and he produced a .074 BAC.  We were able to negotiate with the Prosecutor and get them to dismiss the OUI in exchange for a simple “negligent operation of a watercraft” with a small fine and no jail time.

May 29, 2014
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 92 Criminal Damage Pre-Charge Victories, Case Victories

State v. Ms. M. (DMC No. 11833)

NOT CHARGED | FELONY CRIMINAL DAMAGE – State v. Ms. M. (DMC No. 11833) (Phoenix Police Department DR2011-00124531): Ms. M. had been to a party with her boyfriend and some of his friends when an argument ensued.  She had left the party, and then her boyfriend and his friends found damage to their vehicles.  They assumed she damaged the cars so police were called.  We were able to negotiate a civil compromise in which the damage was paid for.  The victims’ no longer desired to prosecution, however the Detectives still routed the case to the County Attorney’s Office for potential charging.  We were able to convince the Maricopa County Attorney’s Office to not file charges.

May 29, 2014
Posted on Author By dmcantor Categories 700 Property Crime Victories, 93 Arson Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Ms. P (DMC No. 11846)

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. P. (DMC No. 11846) (Tempe City Court 13-008832): Police received a call that some trash was burning in a trash can in the bathroom of the Tailgate Sports Bar on Broadway Road in Tempe.  One of the bartenders indicated that she thought it was Ms. P. that set the fire.  Officer’s pulled Ms. P. over with her boyfriend down the road and then they arrested him for a DUI.

We were able to have that DUI dismissed due to the officer being untruthful (he was eventually terminated).  After he was fired, Ms. P. was then charged (many months later).  We were able to argue that this was a potentially vindictive prosecution, along with the filing of a “Corpus Delicti” Motion, and the entire case was dismissed.

May 29, 2014
Posted on Author By dmcantor Categories 11 Hit and Run Dismissals, 200 DUI / Vehicular Crime Victories, Case Victories, Moon Valley Justice Court Victories

State v. Mr. R (DMC No. 5234)

HIT and RUN DISMISSED due to DISCOVERY VIOLATION – State v. Mr. R. (DMC No. 5234) (Moon Valley Justice Court TR03-00719CR): Police received a call from a semi truck driver stating that a vehicle had cut him off and struck the front of his truck with the rear of their car.  He stated that the driver then took off.  Several hours later Mr. R. was contacted, and he admitted to the collision.  Because no injuries were involved, we were able to file a Motion based on “Corpus Delicti” stating that there could not be positive identification of Mr. R. by the semi truck driver.  Due to other Discovery violations, the State moved to dismiss all charges.

May 29, 2014
Posted on Author By dmcantor Categories 700 Property Crime Victories, 95 Trespass Victories, Case Victories, Yarnell Justice Court Victories

State v. Mr. A (DMC No. 6688)

DISMISSED | TRESPASS – State v. Mr. A. (DMC No. 6688) (Yarnell Justice Court CR061484): Mr. A. and his friend were prospecting on the Bureau of Land Management land as part of the 24K Gold Prospectors Club.  The club owns mineral rights to that land.  Mr. A. and his friend were stopped by another gentleman who fired a gun in the air and held them until police arrived to the site. The other man was also cited for Disorderly Conduct with a gun.  When we explained the situation to the Prosecutor, they agreed to dismiss all charges against Mr. A. in the interest of justice.

May 29, 2014
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 47L Shoplifting Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. K (DMC No. 8934)

NOT CHARGED | SHOPLIFTING – State v. Mr. K. (DMC No. 8934) (Phoenix Police Department DR2007-71180996): Mr. K. was shopping with another young man, when the two of them were leaving a Walmart with two computer towers in a shopping cart.  When police contacted both individuals, Mr. K. indicated he was not trying to leave the store, but merely leaving the towers by the front door while he went outside to get his wallet.  The other gentleman Mr. K. was with admitted to trying to actually steal the items.  We explained to the Prosecutors that the other individual was actually trying to steal unbeknownst to Mr. K.   Mr. K. was never charged with any crimes.

 

May 29, 2014
Posted on Author By dmcantor Categories 16H Reckless Driving Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Paradise Valley City Court Victories

State v. Mr. J. (DMC No. 10621)

RECKLESS DRIVING DISMISSED – State v. Mr. J. (DMC No. 10621) (Paradise Valley City Court 37417): A Paradise Valley Police Officer stated that he saw Mr. J.’s vehicle turn into the parking lot of the Franciscan Renewal Center at 60th Street and Lincoln.  He saw it drive rapidly and then turn back out of the property, and then the taillights “disappeared”.   He found the vehicle crashed in the desert and Mr. J. was not inside of the vehicle.  Due to the possible issues regarding positively identifying the driver, we were able to convince the Prosecutor to dismiss all charges in exchange for some community service hours.

May 29, 2014
Posted on Author By dmcantor Categories 100D Attempt Victories, 600 Drug Crimes Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Wellton Justice Court Victories

State v. Mr. G (DMC No. 8756)

DISMISSED | ATTEMPTED POSSESSION of MARIJUANA and ATTEMPTED POSSESSION of DRUG PARAPHERNALIA DISMISSED – State v. Mr. G. (DMC No. 8756) (Wellton Justice Court J1403CR2009-00001): Mr. G. was on his way back from California when he passed through the Border Patrol inspection area along Interstate 8.  A drug sniffing dog “alerted” to the vehicle, and it was subsequently searched. Marijuana and drug paraphernalia was found.  During the Discovery phase of the case, the Border Patrol Agent failed to appear for interviews and the Prosecutor agreed to dismiss all charges in the interest of justice.

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