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May 29, 2014
Posted on Author By dmcantor Categories 16D Vehicular Endangerment Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 79B Endangerment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. E (DMC No. 8853)

VEHICULAR ENDANGERMENT REDUCED to MISDEMEANOR with PROBATION and ZERO DAYS in JAIL – State v. Mr. E. (DMC No. 8853) (Maricopa County Superior Court CR2009-104322): Mr. E. had gone out drinking with his girlfriend when they became engaged in an argument while driving home in his truck.  According to witnesses, they were engaged in a physical struggle when he opened the passenger door and pushed her out of the truck while it was travelling at 10 to 15 mph.  She eventually was taken to the hospital and had x-rays for some minor injuries.  Mr. E. was charged with Vehicular Endangerment and was facing potential prison time.  We were able to convince the Prosecutor to reduce the case to a simple misdemeanor with probation and zero days in jail.  Mr. E. has no felony on his record.

 

May 29, 2014
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 69-70A Robbery Victories, 70 Robbery Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 8774)

REDUCED | 2 COUNTS of ARMED ROBBERY DANGEROUS (with gun) REDUCED to BURGLARY with 4 YEARS in PRISON – State v. Mr. P. (DMC No. 8774) (Maricopa County Superior Court CR2008-009263): Mr. P. had become addicted to drugs and had been living on the street as a homeless person.  He and a co-defendant broke into a known drug dealer’s house and held several victims at gun point.  Eventually, a gun battle ensued and one person was wounded.  Mr. P. was charged with 2 counts of Aggravated Assault Dangerous and Burglary (dangerous).  He was facing more than 30 years in prison, and we were able to secure an offer which included a prison range of no more than 5 years in prison.   Through mitigation, we were able to secure sentence to 4 years in prison, with the ability to be released early for good behavior.

May 29, 2014
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 69-70A Robbery Victories, 70A Robbery Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. C (DMC No. 8590)

NOT CHARGED | ROBBERY – State v. Ms. C. (DMC No. 8590) (Phoenix Police Department DR81296729): Ms. C. had obtained some kittens from a local cat “breeder”, and she returned them because they were diseased.  She subsequently got into an argument with the owner and allegedly broke the window of the owner’s property.  She then took two other kittens and left the property.  We were able to work with the Detective and the alleged victim and negotiated a “civil compromise”, which involved a small monetary settlement.  She was not charged with any criminal activity.

May 29, 2014
Posted on Author By dmcantor Categories 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 6036)

REDUCED | UNLAWFUL FLIGHT REDUCED to ENDANGERMENT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. D. (DMC No. 6036) (Maricopa County Superior Court CR2005-139410): Police were called with a 911 tip in order to find a suspected drunk driver.  When they saw Mr. D., they used a loud speaker and flashed a spotlight.  They eventually laid out “stop sticks”, and Mr. D. drove around them.  When he was ultimately arrested, he stated that he did not see the officers.  Although he was originally charged with Unlawful Flight (“felony flight”), we had the case reduced to a simple “endangerment” with probation and zero days in jail.  It was ultimately converted to a simple misdemeanor, and Mr. D. has no felony on his record.

May 29, 2014
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 86B Cultivation of Marijuana Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 8578)

REDUCED | PRODUCTION of MARIJUANA REDUCED to POSSESSION of DRUG PARAPHERNALIA class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL  – State v. Mr. B. (DMC No. 8578) (Maricopa County Superior Court CR2008-137455): Mr. B. and his wife were separated and were sharing custody of their teenage daughter.  The daughter came to stay with Mr. B. and discovered 6 marijuana plants growing inside a “grow closet”.  She took photos and called police.  Mr. B. was subsequently cited with Production of Marijuana and Possession of Drug Paraphernalia.  We were able to show that the marijuana was for his personal use and that he was not selling it.  We also pointed out there were various issues with the lack of a search warrant.  Mr. B. was given probation and no jail, and his conviction ultimately was reduced to a simple misdemeanor.

 

May 29, 2014
Posted on Author By dmcantor Categories 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, 86B Cultivation of Marijuana Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 8763)

REDUCED | CULTIVATION of MARIJUANA, MISCONDUCT INVOLVING WEAPON and POSSESSION of DRUG PARAPHERNALIA REDUCED to ATTEMPT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8763) (Maricopa County Superior Court CR2009-111214): Mr. B. and his two roommates were the victim of a burglary and armed robbery when police were called to investigate.  During a “welfare check” the police found a bedroom in the house which was a “grow room”, which included numerous marijuana plants.  Mr. B. was subsequently charged with Production of Marijuana, Misconduct Involving a Weapon and Possession of Drug Paraphernalia.  We argued that the “welfare check” was really a pretext to conduct a search, and that Mr. B.’s Miranda rights were violated.  We were able to secure an offer to an “Attempt” that eventually became a misdemeanor with zero days in jail.  Originally Mr. B. was facing years in prison.

 

May 29, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 97 Property Crime Jury / Bench Trial Victories, Case Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. B. (DMC No. 7490)

PARTIAL ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Mr. B. (DMC No. 7490) (Gilbert City Court 07-CR-247MI): Mr. B. had gotten into an argument with his girlfriend when a struggle ensued.  Police were called and he was ultimately charged with Criminal Damage for allegedly punching a hole in a bathroom wall.  He was also charged with Assault and Disorderly Conduct.  At trial we were able to prove that he had not caused the damage to the bathroom wall, and he was found “not guilty” of Criminal Damage.

 

May 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 4599)

REDUCED | CHILD PROSTITUTION (DCAC) DISMISSED/LURING a MINOR REDUCED to probation with 1 year jail – State v. Mr. S. (DMC No. 4599) (Maricopa County Superior Court CR2004-009084): Mr. S. had gone online into a “chat room”, and made contact with what he thought was a 14 year old girl.  In reality it was an undercover Detective.  He asked the female to prove that she was only 14 by sending a photograph.  The Detective sent a photograph of herself when she was 14.  They arranged to meet at a Carl’s Jr. in order to have sex in exchange for $100.  When he arrived at the Carl’s Jr., he was immediately arrested and, when questioned, he admitted that he had gone there planning to pay to have sex with what he thought was a 14 year old girl.  Because Mr. S. was medically disabled, and had mental issues, we were able to convince the prosecutor to dismiss the charge of child prostitution (which carried a sentence of 13 to 27 years of prison), and to reduce the charge of luring a minor down to probation with 1 year in jail, and the ability to apply for Interstate Compact, so he could move out of Arizona after he completed his jail time.

May 10, 2014
Posted on Author By dmcantor Categories 100D Attempt Victories, 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 36 Prostitution / Solicitation Dismissals, 37B Child Prostitution Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 10310)

CONVICTION REVERSED/CASE DISMISSED WITH PREJUDICE & ARREST RECORD CLEARED | ATTEMPTED CHILD PROSTITUTION – State v. Mr. M (DMC Case #10310)

Mr. M. pled guilty to two counts of Attempted Child Prostitution. Despite the fact that Mr. M. was adamant during the change of plea proceedings that he did not know the alleged victim was under the age of 18, the Court accepted his pleas of guilty and sentenced Mr. M. to five (5) years of supervised probation. Along with the probation term, Mr. M. was required to serve one (1) year in the Maricopa County Jail and was mandated to register as a sex offender, a lifetime requirement. During the time that Mr. M. was serving his one year jail sentence, he retained the services of DM Cantor in order to file a Petition for Post Conviction Relief, pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. Our firm filed this petition with the sentencing judge on Mr. M.’s behalf, arguing that the crime of child prostitution is not a strict liability offense and given Mr. M.’s clear statements that he did not know that the alleged victim was under the age of 18, the conviction should be reversed based on an insufficient factual basis. After this request was denied by the sentencing judge, we took the issue to the Court of Appeals by filing a Petition for Review of the Superior Courts Denial of Post Conviction Relief. After review of the pleadings, the Court of Appeals and the State agreed with our position that there was not a sufficient factual basis to support the guilty pleas and thus, the conviction was reversed and the case was remanded back to the Superior Court for a new trial. Once remanded, and based on the arguments set forth in the post conviction pleadings, the State filed a motion to dismiss the case with prejudice, which was granted by the Court. After this dismissal, our firm was successful in having Mr. M.’s arrest record cleared after we filed a Motion to Clear Mr. M.’s Arrest Record pursuant to A.R.S. §13-4051.

 

To speak with an Arizona Appeals Lawyer, please give our office a call at (602) 307-0808.

 

May 7, 2014
Posted on Author By dmcantor Categories 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 8586)

REDUCED | LURING a MINOR for SEXUAL EXPLOITATION REDUCED to class 6 open/misdemeanor ATTEMPT with PROBATION and ZERO DAYS in JAIL  – State v. Mr. M. (DMC No. 8586) (Maricopa County Superior Court CR2007-136295): Mr. M. was from out of State and attending a conference at a local Arizona hotel.  He entered into an online chat room while on his computer in his hotel room.  He was discussing sexual fantasies with a person who purported to be 14 years of age, but was conversing at a much higher level.  He then agreed to meet this person for sexual purposes, and drove to a motel they were staying at.  While in the parking lot of the motel, he changed his mind and began exiting the property.  He was pulled over and arrested by a police officer who had been posing as the 14 year old on the computer.  Just prior to trial, the State gave in an offered Mr. M. a class 6/misdemeanor plea to an Attempted Child Abuse with probation and zero day’s jail.  They also allowed him to serve the probation out of State.  The conclusion of Mr. M.’s probation, his case was reduced to a misdemeanor and he has no felony conviction in his record.  Originally, he was facing years in prison.

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