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Category Archives: Apache County Superior Court Victories

(2 Counts) Felony Failure to Register as a Sex Offender Reduced to Probation with Zero Days in Jail  – State v. Mr. S (DMC No. 12405) (St. John’s Justice Court/Apache County Superior Court CR2014-0175): Mr. S and his wife lived in Michigan and they bought a vacation home in Concho, Arizona in Apache County.  They would come out several days at a time and stay at that vacation home before travelling back to Michigan.  At some point, Mr. S’s wife became embroiled in a dispute with a neighbor and an Order of Protection was issued in which the police became involved.  The neighbor did some research and informed police that Mr. S was a registered sex offender.  The police then discovered that he had not registered in the State of Arizona per Arizona Revised Statute ARS 13-3821.

After he was arrested and charged with 2 counts of Failure to Register – 1 count for Failing to Register as a transient every 90 days, and 1 count for Failure to Register within 10 days of remaining in Apache County – we became involved in the case.  We were able to show by tracking down telephone logs that Mr. S and his wife had indeed called the Apache County Sheriff’s Office several times to get information on whether they had a duty to register.  In addition, Mr. S had received erroneous information from prior counsel telling him that he did not have to register.  Because it was possible that these defenses could be successful at trial, the Prosecutor agreed to reduce the charge down to Probation with zero days in jail.  If Mr. S had gone to trial and lost, he would have been facing mandatory prison time.

CONSPIRACY to TRANSPORT DANGEROUS DRUGS (Meth) for SALE and TRANSPORTATION of DRUGS for SALE REDUCED to POSSESSION of DRUG PARAPHERNALIA (Class 6 Open/Misdemeanor) with PROBATION and ZERO DAYS in JAIL- State v. Ms. S (DMC No. 7531) (Apache County Superior Court CR2006-280): Ms. S was a drug addict who also had bipolar disorder who was staying at her aunt’s just prior to checking into rehab. Her drug addict boyfriend showed up and convinced her to get in a car in order to travel to New Mexico. While driving they were stopped by the Police for minor traffic infraction and a large amount of cash and packaged methamphetamine was found in the vehicle. Both Ms. S and her boyfriend were arrested and charged.

We became involved and filled multiple Motions regarding the questionable nature of the stop. We also pointed out that it would be difficult for the state to prove Ms. S had knowledge of what was in her boyfriend’s car. Ultimately we secured a Plea Agreement which gave Ms. S Probation with zero days in jail. Unsuccessful completion of Probation, her case was designated a Misdemeanor and she had no Felony convictions on her record. Her ex boyfriend was not as lucky.

DISMISSED | ATTEMPTED SEX ASSAULT/BURGLARY – State v. Mr. C. (DMC No. 10665) (Apache County Superior Court CR2011-0228): Mr. C. had a prior sexual relationship with the alleged victim in the past.  He had now started a relationship with one of her girlfriends who was currently pregnant.   Mr. C. and the alleged victim had been out earlier in the night, drinking and partying, before she went home.  He texted and called her, and then showed up at her house and let himself in.  She claimed that he attempted to sexually assault her, and she had fought him off and then he left.  During a recorded “confrontation call”, in which the alleged victim called Mr. C., he denied that he was ever aggressive with her.  He also had stated that she invited him over.  We were able to produce evidence that she had made false allegations in the past, and all charges were dismissed.

 

REDUCED (All) | 7 COUNTS OF SEXUAL CONDUCT WITH A MINOR (DCAC)/3 COUNTS OF SEXUAL ASSAULT/3 COUNTS OF SEXUAL ABUSE ALL REDUCED to “attempted sexual conduct/child abuse” with probation and zero days in jail – State v. Mr. A. (DMC No. 10474) (Apache County Superior Court CR2011-076): Mr. A. was accused of having sex with two different girls that were 14 years old when he was 17 years old. Even though Mr. A. was a minor, the fact that this case was a dangerous crimes against children (DCAC) because the victims were 14 or younger, caused him to be charged as an adult.  He was facing a minimum of 65 years in prison on the sexual conduct with minor charges alone.  We were able to present mitigating evidence, which included a Psychosexual Evaluation showing Mr. R. not to be a risk, and we secured an offer to probation with no further jail.  Although he had been in jail pending the disposition of the case, we were able to resolve the case in a fairly timely manner and he is currently doing very well on probation as a free man.

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