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February 24, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. V (DMC No. 4823)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | ASSUALT – State v. Mr. V. (DMC No. 4823) (Mesa City Court 2004-041870): Mr. V. was at a Harkins movie theatre watching a movie when the alleged victim and her friends sat behind him and put their knees and feet on the back of his chair. Mr. V. exchanged words with the alleged victim, and then they did the same thing again. He then slammed his chair back, causing a one inch scratch on the alleged victim’s leg. At trial the Judge found that the Mr. V. was not criminally negligent, and the alleged victim provoked his response.

February 24, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Casa Grande Justice Court Victories, Case Victories, Justice Court Victories

State v. Mr. G (DMC No. 5879)

2ND EXTREME DUI (.188 BAC) REDUCED to REGULAR DUI with 1 DAY JAIL – State v. Mr. G. (DMC No. 5879) (Casa Grande Justice Court TR2000-5989): Mr. G. was seen travelling eastbound on the I-10 weaving very close to other traffic. He was subsequently stopped and was arrested for DUI. He provided a blood test, which revealed a .188 BAC. He had a prior DUI stop in Gilbert, and that case was being fought by our office also. We were able to convince the Prosecutor to ignore the prior arrest, and to also give us a non extreme DUI offer of regular DUI with 1 day in jail.

February 24, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. H (DMC No.7286)

DISMISSED – Assault/Disorderly Conduct, State v. Mr. H. (DMC No.7286) (Scottsdale Municipal Court No. CR-2006030863): Mr. H. lived in a house with several college roommates. He had been out drinking with his roommates when they arrived back at their house and encountered another roommate who had been drinking. Mr. H. began wrestling and fighting with that roommate, and police were called. Because Mr. H. was roommates with the gentleman he fought with, he was charged with a Domestic Violence Assault. We were able to show that this simply an argument between roommates, and the alleged victim no longer sought to proceed with charges. The case was then dismissed on the day of trial.

February 24, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. H (DMC No.7177)

DISMISSED – Assault, State v. Mr. H. (DMC No.7177) (Tempe Municipal Court No. 07-976814): Mr. H. and his roommate were at a non-alcoholic fraternity event on ASU’s campus. When they returned to their dorm room, Mr. H.’s roommate struck him in the back with a beanbag. Mr. H. instinctively turned and punched his roommate in the face. He was subsequently charged with Assault. We were able to show the prosecutor that self-defense was proper. The State agreed with us and dismissed all charges.

February 24, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. N (DMC No. 4874)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. N. (DMC No. 4874) (Mesa City Court 2004-041392): Mr. N. had been drinking with his girlfriend when they got into a fight.  She was locked out of the house, and went around to the come into the back door.  When he saw her at the back door, she scratched his face and grabbed him.  He then struggled and they both fell into the pool.  His girlfriend struck her head on the back of the pool  and was bleeding when the police arrived.  We were able to show the Judge that Mr. N. acted in self-defense, and he was found not guilty of all charges.

February 24, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. O (DMC No. 4083)

(Mesa City Court, 2003-050299CR): Mr. O.’s wife was mentally ill and was on numerous medications. She was receiving treatment from Value Options when she attacked Mr. O. Police arrived and arrested both our client and his wife. Mrs. O. plead guilty to assault and had already been sentenced. We explained to the prosecutor that Mrs. O. was mentally ill and kept attacking Mr. O., and he had used a broom to keep her at bay. Eventually, the prosecutor dismissed all charges for the reason that “the evidence will not support a conviction.”

February 20, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, Justice Court Victories, McDowell Mountain Justice Court Victories, West Mesa Justice Court Victories

State v. Mr. V. (DMC No. 4932)

DISMISSED TWICE | ASSAULT – State v. Mr. V. (DMC No. 4932) (West Mesa Justice Court CR03-00477MI/McDowell Mountain Justice Court CR05-00036MI): Mr. V. was charged with assault and it was improperly placed in the West Mesa Justice Court. We argued a jurisdictional defect and the case was dismissed. The State waited beyond 1 year and re-filed the charge in the McDowell Mountain Justice Court’s jurisdiction. We argued that the Statute of Limitations (a 1 year time limit) had run, and the case was dismissed in its entirety.

February 19, 2014
Posted on Author By dmcantor Categories 100J Obstruction/Hindering Operation Victories, 118 Miscellaneous Crime Pre-Charge Victories, 1800 Sentence Modification Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B. (DMC No. 10363)

NOT CHARGED | CONSPIRACY to HINDER PROSECUTION NOT CHARGED – State v. Mr. B. (DMC No. 10363) (Chandler Police Department Investigated): Mr. B. was a high ranking public official whose wife and daughter were charged with sexual conduct with a minor. In this high profile case, his wife was sentenced to over a decade in prison, and his daughter received probation with jail time. Investigators attempted to go after Mr. B. to show that he somehow tried to “hinder” their prosecution of his now ex-wife and daughter. We were able to shut down the investigation, exposing it as a political stunt, and no charges were brought against Mr. B.

February 19, 2014
Posted on Author By dmcantor Categories 100E Custodial Interference Victories, 2100 Superior Court Victories, 800 Miscellaneous Crime Victories, Case Victories, Navajo Superior Court Victories

State v. Ms. P. (DMC No. 6774)

REDUCED | FELONY CUSTODIAL INTERFERENCE REDUCED to MISDEMEANOR with PROBATION and ZERO DAYS JAIL – State v. Ms. P. (DMC No. 6774) (Navajo Superior Court CR2006-0751): Ms. P. had joint custody of her children with her husband. The children were staying at the husband’s aunt’s house when Ms. P. came and picked up the children without permission. Because of Ms. P.’s mental condition, she and the two children were later found at a homeless shelter located in Chandler. We were able to show the Prosecutor Ms. P.’s medical history of mental illness and they agreed to extend a misdemeanor offer with probation. That probation was allowed to be completed in Maricopa County.

February 19, 2014
Posted on Author By dmcantor Categories 100J Obstruction/Hindering Operation Victories, 100L Public Nuisance Victories, 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 800 Miscellaneous Crime Victories, Case Victories, Pinal County Superior Court Victories

State v. Mr. C. (DMC No. 4772)

DISMISSED | HINDERING PROSECUTION/FACILITATION of UNLAWFUL FLIGHT and PUBLIC NUISANCE ALL DISMISSED – State v. Mr. C. (DMC No. 4772) (Pinal County Superior Court Booking No. 49889): Mr. C. had been drinking with a friend on the Indian Reservation, when they got into the friend’s vehicle. The friend ended up backing into a police car and getting into a high speed chase. Both were arrested and Mr. C. was charged with “Hindering Prosecution”, being an “Accomplice/Facilitating Unlawful Flight” and “Public Nuisance”. We were able to speak with the charging Prosecutor, and he agreed to decline charges on Mr. C. because he was merely a passenger. The driver was not so lucky.

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