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February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Encanto Justice Court Victories, Justice Court Victories

State v. Mr. Z. (DMC No. 5802)

DISMISSED | EXTREME DUI (.150+ BAC) – State v. Mr. Z. (DMC No. 5802) (Encanto Justice Court TR05-00087CR):  Mr. Z. was pulled over for allegedly squealing his tires at 1 in the morning and speeding. The officer pulled him over and Mr. Z. was ultimately arrested for DUI and taken to the station. He provided a .150+ BAC and was charged with extreme DUI. We filed Motions compelling all Discovery, and the State was delayed in producing the “calibration checks” on the blood testing device. We filed a Motion to Dismiss and the State was unable to provide records before the Evidentiary Hearing. They moved to dismiss all charges.

February 5, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Agua Fria Justice Court Victories, Case Victories, Justice Court Victories

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

DISMISSED | DUI – State v. Mr. W. (Agua Fria Justice Court No. 2006-130904): Mr. W. was pulled over in Avondale during a DUI Task Force. Ultimately he was arrested for DUI and a BAC of .150+ was obtained from a breath test. We attended the court dates and found that the State had not produced full discovery as required by law. We ultimately informed the State that they were violation and they were forced to move for a Motion to Dismiss. The State never could find all appropriate discovery, and the one year statute of limitations ran with all charges being dismissed forever.

February 4, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 79I Stalking Victories, 79J Harassment Victories, Case Victories, City Court Victories, Payson City / Magistrate Court Victories

State v. Mr. H (DMC No. 10350)

HARASSMENT/STALKING DISMISSED – State v. Mr. H. (DMC No. 10350) (Payson City Court 2011CR-12227): Mr. H. has issues with his next door neighbor due to a barking dog who wouldn’t be quiet.  The conflict had been going back and forth, and Mr. H. had set up cameras to monitor his neighbor’s back yard to show the dogs barking.  The neighbor took a photo of Mr. H. looking at him with binoculars, and phoned the police telling them that he was being harassed and placed under surveillance.  Mr. H. was cited with harassment and stalking, and we were able to get the case dismissed in exchange for Mr. H. removing the camera equipment and doing some diversion classes.

 

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 4845)

REDUCED | FELONY DISORDERLY CONDUCT with a GUN (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR DISORDERLY CONDUCT with 60 DAYS JAIL DEFERRED– State v. Mr. P. (DMC No. 4845) (Maricopa County Superior Court CR2004-124472): Mr. P. and his wife had been in a bar, when he was dropped off at home while she went to run an errand with her 5 year old.  When she got back, 6 shots had been fired from a gun inside the house, and Mr. P. was passed out.  The police arrived and charged Mr. P. with felony disorderly conduct dangerous, which carries a prison range of 1 ½ to 3 years in prison.  We were able to argue that nobody else’s peace was disturbed and the police were only called after the fact. We were able to have the case reduced to a class 6 open disorderly conduct with 60 days of deferred jail.  Upon successful completion of probation, Mr. P. did not have to do any jail and his conviction became a mere misdemeanor.  He has no felony on his record.

February 4, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 52 Assault/Domestic Violence Reduced, Case Victories, City Court Victories, Glendale City Court Victories

State v. Mr. P (DMC No. 10788)

REDUCED | ASSAULT REDUCED to DISORDERLY CONDUCT with ZERO DAYS IN JAIL – State v. Mr. P. (DMC No. 10788) (Glendale City Court CR2012-006374): Mr. P. was engaged in a verbal altercation with his sister when she went to call 911.  As he was trying to grab the phone, he accidentally struck her in the face and cut her lip.  He was originally charged with assault, however, we were able to get the charge reduced to a simple “disorderly conduct” with zero day’s jail.  He has no assault conviction on his record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. B (DMC No. 10554)

CHILD ABUSE REDUCED to a CLASS 6 OPEN/MISDEMEANOR AGGRAVATED ASSAULT with PROBATION and ZERO DAYS JAIL – State v. Mr. B. (DMC No. 10554) (Pinal County Superior Court CR2011-02622): Mr. B. was accused of slapping a 7 year old in the face, giving him a black eye and striking him with a belt multiple times.  Mother and father had since separated, and she had taken the kids out of State without going through the Family Law Court.  Mr. B. made several admissions to disciplining his son, but stated that the mother was exaggerating. We were able to have the case reduced down from class 4 felony to a class 6 open which involved probation and no jail.  Once probation was completed, the case became a misdemeanor.  Mr. B. has no felony on his record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C (DMC No. 10411)

CHILD ABUSE REDUCED to MISDEMEANOR HINDERING PROSECUTION – State v. Ms. C. (DMC No. 10411) (Maricopa County Superior Court CR2011-006084): Ms. C. was accused by the school of striking her daughter in the eye and giving her a black eye.  The daughter later stated that she was placed into the corner for a time out, and she accidently fell over and struck the hinge on the door.  Due to some potentially incriminating statements, the case did not go to trial and instead was plead down to a misdemeanor “hindering prosecution” with 37 days of jail.  There is no conviction or felony on Ms. C.’s record.

February 4, 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. Ms. W (DMC No. 5757)

CHILD ABUSE DISMISSED – State v. Ms. W. (DMC No. 5757) (Maricopa County Superior Court CR2005-048444): Ms. W. had previously been convicted of child abuse and was on probation.  When she had gone to daycare, she saw that her child had a small blood blister on his ear.  When she begun accusing the daycare center, they then called CPS on Ms. W.  Ms. W. was subsequently charged with child abuse by Grand Jury.  We were able to get the case dismissed based upon a faulty Grand Jury proceeding.  Ms. W. was facing a presumptive of 4.5 years in prison.

 

February 4, 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. Ms. G (DMC No. 5530)

CHILD ABUSE DISMISSED – State v. Ms. G. (DMC No. 5530) (Maricopa County Superior Court CR2005-115311): Ms. G.’s daughter reported to being molested by her biological father, as well as her step father.  When police questioned Ms. G., she denied any knowledge of the biological father molesting her daughter.  She did, however, state that she had some knowledge of her daughter making a previous allegation against her step father.

The step father was eventually arrested and admitted to molesting the step daughter.  Ms. G. was charged with child abuse for not immediately reporting her daughter’s allegations to police.  We were able to show that Ms. G. was reasonable in not believing her daughters claims, as she had investigated them back when it was first reported.  All charges were dismissed against Ms. G.

 

February 4, 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. W (DMC No. 4401)

NOT CHARGED | CHILD PORNOGRAPHY – State v. Mr. W. (DMC No. 4401) (Chandler Police Department Investigated): The police were monitoring various computer file sharing sites when they came across Mr. W.’s activities.  He had been accused of downloading numerous still images and video clips of child pornography.  When they made contact with him, they took his computer and interviewed him extensively.  Due to witness issues which developed during the case, no charges were ever brought against Mr. W. He was originally facing a minimum of 10 years in prison per image (over 1,000 years!).

 

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