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State v. Ms. L (DMC No. 13915)

FELONY SEXUAL ASSAULT NOT CHARGED – State v. Ms. L (DMC No. 13915) (Phoenix Police Department DR No. 2013-XXXXXXXX): Ms. L was friends with another woman by the name of Martha, the alleged victim in this case. A few weeks after hanging out with each other Ms. L received a telephone call from a Phoenix Police Detective requesting a call back regarding an alleged Sexual Assault per Arizona Revised Statute ARS 13-1406. She did not speak with the Detective and let her phone go to voicemail. After receiving this message, she contacted and ultimately retained our firm.

Once our services were retained, I met with the Pre-Charge team and we decided to (1) immediately contact the Detective who had left his phone number, (2) obtain the DR number for the case, (3) submit a Trebus letter to the Maricopa County Attorney’s Office regarding the potential charges, and (4) have our client submit to polygraph examination. The day we were retained, we reached out to the Detective and obtained the DR number. The Detective refused to give us any information regarding what the allegations were but asked to speak with our client regarding them. Given the limited information the Detective was willing to provide at the time, we advised that she would not be conducting an interview with him. A few days after the call with the Detective, the alleged victim contacted our client. After receiving her information, we contacted Martha who now claimed that although she believed the sexual contact that occurred was not consensual, she did not want Ms. L to go to prison. After this call, we contacted the Detective again this time,  indicating  the  alleged  victim  had  expressed  her  desire  not  to  move  forward  with prosecution. Ultimately, the Detective closed the case without charges.

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