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April 28, 2014
Posted on Author By dmcantor Categories 16B Unlawful Use of Means of Transportation Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Mr. W. (DMC No. 10683)

UNLAWFUL USE of MEANS of TRANSPORTATION NOT CHARGED – State v. Mr. W. (DMC No. 10683) (ASU Police Department DR2011-00007633): Police were called when several light rail patrons stated that they saw several people riding on a forklift coming up the trail near the light rail.  When police arrived, they found several ASU students who had taken a forklift and were going for a “joy ride”.  All were arrested for Unlawful Use of Means of Transportation.  We were able to show that our client merely hopped on as a passenger, and he did not actually take the forklift. The Maricopa County Attorney’s Officer agreed to not file any charges.

April 28, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 16J Driving on a Suspended License Victories, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, Case Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. E (DMC No. 6209)

PARTIAL ACQUITTAL at BENCH TRIAL | DRIVING WHILE LICENSE SUSPENDED – State v. Ms. E. (DMC No. 6209) (Phoenix City Court 3415491): Ms. E. was pulled over for allegedly having a fake registration tag on her license plate.  Officer’s then told her that her license was also suspended.  At trial, we admitted to the fictitious license plate sticker, but fought the Driving on Suspended License allegation due to the fact that even though the notice was mailed to Ms. E. regarding a suspension, it did not actually go into effect until 3 days after the actual incident.  If Ms. E. had been convicted of the suspended license charge, she would have lost her license for a year.

April 28, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 8993)

CHILD ABUSE DISMISSED – State v. Mr. C. (DMC No. 8993) (Maricopa County Superior Court CR2008-180757): Mr. C. lived with his girlfriend and her small children.  Her 5 year old daughter had entered the bathroom and touched Mr. C.’s penis without his permission.  Mr. C. immediately became upset and put her into a time out.  The young girl then told her biological father what had happened, and Mr. C. began being investigated for potential child abuse and possible sex charges.  We were able to prove the Prosecutor that he did not know she was in the bathroom, and that he never gave her permission to see or touch him.  We eventually had all charges dismissed after a 6 month battle with the Prosecutor’s Office.  Mr. C. was facing prison time and potential sex offense registration had we not gotten all charges dismissed.

April 28, 2014
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47L Shoplifting Victories, Case Victories, Justice Court Victories, West Mesa Justice Court Victories

State v. Mr. H. (DMC No. 8999)

DISMISSED | SHOPLIFTING – State v. Mr. H. (DMC No. 8999) (West Mesa Justice Court JC2009-121878): Mr. H. was observed going through a department store trash can and picking out receipts.  He would then pick the matching merchandise off the shelves in attempt to return those products. Due to Mr. H.’s young age, and drug addiction, we were able to convince the Prosecutor to dismiss charges in exchange for 30 hours of community service.  Mr. H. also enrolled himself voluntarily into a drug treatment plan.  No conviction is on Mr. H.’s record.

April 28, 2014
Posted on Author By dmcantor Categories 100E Custodial Interference Victories, 118 Miscellaneous Crime Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. P. (DMC No. 7390)

NOT CHARGED | CUSTODIAL INTERFERENCE NOT CHARGED – State v. Mr. P. (DMC No. 7390) (Glendale Police Department Investigated): Mr. P.’s goddaughter had a friend who he had met before.  She claimed she was 17 years old, was about to turn 18 and needed to borrow money to take a flight to Pennsylvania to visit her father.  Mr. P. was under the impression that she had permission and was also under her father’s custody.  It turned out she was only 16, had run away from her mother and did not have permission to travel.  Because Mr. P. did not get along with her mother, he was investigated for Custodial Interference.   We were able to convince the police that even though he was friends with the girl’s father he was not intentionally trying to aid in her “escape” from her mother. No charges were filed.

 

April 28, 2014
Posted on Author By dmcantor Categories 700 Property Crime Victories, 93 Arson Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. A (DMC No. 7560)

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. A. (DMC No. 7560) (Phoenix City Court 3684834): Ms. A. had been in an argument with her boyfriend at a BBQ, and when she left she set a box on fire in the driveway.  When police found her parked on the street, they noticed smoke inside of her vehicle.  They saw she had a burning pan of charcoal in the backseat, along with a container of lighter fluid.

She had told police that she had merely wanted to “get her boyfriend’s attention”.  She was originally going to be charged with Arson, however we were able to convince the Prosecutor to charge it merely as a misdemeanor “Reckless Burning”.  We then negotiated a “misdemeanor compromise”, and the State agreed to dismiss all charges.  Ms. A. was originally facing a felony with potential prison time.

April 28, 2014
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. T. (DMC No. 7511)

REDUCED | SEXUAL CONDUCT with a MINOR REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. T. (DMC No. 7511) (Maricopa County Juvenile Court JV545657): Mr. T. was 12 years old and was accused of having sex with his 9 year old half sister.  Both were Hispanic and evidence of prior molest trauma was evident as to Mr. P.  We were able to convince the Prosecutors to merely leave the case in the juvenile system, place Mr. P. on probation with intensive counseling and no jail.  Originally, the Maricopa County Attorney’s Office was seeking prison time.

 

April 28, 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. P (DMC No. 7618)

NOT CHARGED | SEXUAL CONDUCT with a MINOR – State v. Mr. P. (DMC No. 7618) (Youngtown Police Department Investigated): Mr. P. was a 35 year old male who was accused of having sex with a 16 year old neighbor.  Allegations were that he got her pregnant, and that she had an abortion.  Due to a lack of any physical evidence, combined with statements that were from the alleged victim’s family only, we invoked Mr. P.’s 5th Amendment rights and he was not interviewed by police.  We then convinced the Detective that they had no actual physical evidence, or direct confession from Mr. P., and no charges were ever brought.

 

April 28, 2014
Posted on Author By dmcantor Categories 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, Case Victories, City Court Victories, Glendale City Court Victories

State v. Mr. H (DMC No. 7619)

REDUCED | FELONY INDECENT EXPOSURE State v. Mr. H. (DMC No. 7619) (Glendale City Court CR2003-021737):REDUCED to MISDEMEANOR URINATING in PUBLIC – Mr. H. was seen outside a local McDonald’s by a woman and her small children while he was urinating in the bushes.  It was alleged that he was doing this on purpose so that he could expose himself.  We were able to convince the Maricopa County Attorney’s Office that this was not the case, and that he was merely attempting to relieve himself and thought that nobody was around.  We were able to show them that he merely became startled when he heard the alleged victim and he turned to face her.  He ultimately received a misdemeanor ticket with only a fine and zero days in jail.

April 28, 2014
Posted on Author By dmcantor Categories 16G Drag Racing / Racing on Highway Victories, Case Victories, Justice Court Victories, Prescott Justice Court Victories

State v. Mr. I. (DMC No. 7554)

DRAG RACING REDUCED to SPEEDING TICKET – State v. Mr. I. (DMC No. 7554) (Prescott Justice Court 2007-090599J): Mr. I. was travelling to Prescott with his wife in a car, and his brother was travelling with his own wife in another vehicle ahead of him.  Mr. I. sped up and rolled down his window in order to pull up alongside his brother to ask directions.  An officer saw this maneuver, and construed this to be “drag racing”, and charged both brothers.  We were able to show the Yavapai County prosecutor that this was not racing, and that the witnesses would all state that it was merely to ask for directions.  They reduced the charge to simple speeding ticket with a small fine.  Mr. I. was left with no criminal record.

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