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State v. Mr. A (DMC No. 11855)

FELONY TAMPERING with PHYSICAL EVIDENCE, FELONY CONSPIRACY TO COMMIT PERJURY, FELONY OBSTRUCTION of a CRIMINAL INVESTIGATION and FELONY FRAUDULENT SCHEMES REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. A (DMC No. 11855) (Maricopa County Superior Court CR2013-000547):

Mr. A was cited with a Misdemeanor DUI in the City of Gilbert. He then retained the services of Mr. K (a high profile defense attorney in the Phoenix area) in order to defend him. He provided Mr. K with a cell phone video purporting to be video taken from the front of his vehicle as a “dash cam” at the time of the stop. On the video, it showed him properly exiting a bar parking lot and driving correctly without any traffic violations. He was also narrating while he was driving, and claimed that an Officer was pulling up behind him and stopping him. He then stopped the cell phone video.

Unbeknownst to Mr. K, Mr. A falsified the video. He then had a co-worker alter the date time stamped on the video. It was of such quality that Mr. K’s forensic expert analyzed the video and wrote a report finding the video was accurate and untampered with. All of that information was then submitted to the Gilbert City Prosecutor and the DUI charge was dismissed against Mr. A.

The co-worker who had altered the video for Mr. A subsequently had a falling out with him. He then contacted Police and reported Mr. A. Mr. A was subsequently charged with Fraudulent Schemes, Tampering with Evidence, Obstructing a Criminal Investigation and Conspiracy to Commit Perjury. We were then retained by Mr. A. Myself and my partner, Christine Whalin met and formulated the strategy to (1) legally attack some of the charges as not  being  factually  sufficient  as  to  the crime  actually  committed,  (2)  gather  all  mitigating evidence regarding Mr. A, (3) agree to full restitution as to the Gilbert Police Department’s estimation  (which  was  in  the thousands  of dollars),  and  (4) meet  with  the Prosecutor and Prosecutor’s Supervisor to try and achieve an offer which would not result in any prison or jail time.

As the case progressed, my partner, Certified Criminal Law Specialist Christine Whalin and myself met at the Maricopa County Attorney’s Office with the Prosecutor and her Supervisor. Although we could not secure an offer which would allow for only a Class 6 Open/Misdemeanor, we did secure an offer which resulted in the dismissal of the Class 2 Fraudulent Schemes per Arizona Revised Statute ARS 13-2310. Mr. A pled to Obstructing a Criminal Investigation per Arizona Revised Statute ARS 13-2409, (a Class 5 Felony), an amended charge of Tampering with Physical Evidence per Arizona Revised Statute ARS 13-2809, and Solicitation to Commit Perjury per Arizona Revised Statute ARS 13-2704 and 13-1002,  (both Class 6 Open Felonies). There was also no agreement as to sentencing. After I conducted the mitigation hearing, the Judge sentenced Mr. A to supervised probation with no jail time. This was a very high profile case that was covered by the press throughout each and every step of the proceedings.

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