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July 2, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47G Extortion Victories, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 79J Harassment Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 9286)

EXTORTION NOT CHARGED; NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: HARASSMENT – State v. Mr. S (DMC No. 9286) Jan. 27, 2010 (McDowell Mountain Justice Court JC2009-107805): Mr. S had done some electrical contracting work for a neighbor across the street. The neighbor had not paid him approximately $2,300, and Mr. S went over to speak with the neighbor about it. The neighbor’s house was currently in Escrow to be sold, and Mr. S allegedly stated that if he didn’t get his money he was going to contact the buyer and make sure that “the sale did not go through”. Initially Detectives were investigating Mr. S for a Theft by Extortion charge, however the prosecutor’s office declined to file those charges. They did, however file a charge of Harassment. We went to Bench Trial and presented all evidence and cross examined the state’s witnesses. After the state had finished their case and then rested, we moved for a “Directed Verdict” judgement, and the Judge agreed. The case was Dismissed on the spot at that point.

August 25, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, Tolleson City Court Victories

State v. Mr. M (DMC No. 8820)

DISMISSED AT BENCH TRIAL | ASSAULT – State v. Mr. M. (DMC No. 8820) (Tolleson City Court CR2008-0412): Mr. M. got into an argument with his stepson on Stanley Goff Drive in Tolleson, Arizona.  The altercation became physical, and the stepson then reported Mr. M. to the police.  Mr. M. was ultimately arrested and cited for Assault, and given a Restraining Order to stay out of his own house.  Mr. M.’s wife disagreed with her son, and had him go stay at the aunt’s house while the case was pending.  We were able to produce Mr. M.’s stepson’s criminal record which showed him to be dishonest and violent.  Ultimately, the case was Dismissed just prior to the start of his Bench Trial, and Mr. M. was allowed to return to his own house.

May 7, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. W. (DMC No. 8592)

PARTIAL ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. W. (DMC No. 8592) (Tempe City Court 08-103209) Mr. W. was at a local bar in downtown Tempe when 4 bouncers approached him and told him to leave the bar. They grabbed him and brought him down to the front area and then told him he could not come back in. While Mr. W. was arguing with the bouncers, the police arrived, and the bouncers began fighting with Mr. W. He was then charged with Assault, Trespass and Disorderly Conduct. At trial, we were able to obtain a “Not Guilty” verdict on the most serious charge (Assault). Although he was found guilty of the Trespass and Disorderly Conduct, this resulted only in a small fine and no jail time.

February 24, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Ms. Q (DMC No. 9937)

DISMISSED AT BENCH TRIAL |  ASSAULT State v. Ms. Q (DMC No. 9937) (Chandler City Court No. 10-C-3514831): Ms. Q. was engaged in argument with her husband, when she allegedly grabbed his hands as he was attempting to leave the house. The police were called, and Ms. Q’s husband then stated that he had been scratched on the face and a but in the head then pulled off his shirt. Ms. Q stated this occurred when he pushed her, she reflexively grabbed at his shirt to maintain her balance. Although the State was seeking to convict Ms. Q, this would have affected her nursing license. The case was then set to trial and when the State was unable to proceed with all their evidence, they were forced to move to dismiss 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. V. (DMC No. 4741)

COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. V. (DMC No. 4741) (Mesa City Court 2004021500): Police received a 911 call from a male who asked for assistance because a female was “flipping out” in his house. The person then hung up the phone. Upon arrival, Mr. V. admitted he had called police because his fiancé was drunk and she had attempted to bite Mr. V. When he restrained her, the wine glass in her hand broke and she obtained some bruises. We were able to argue self-defense at trial, and the Judge acquitted Mr. V. of 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. P (DMC No. 5345)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. P. (DMC No. 5345) (Mesa City Court 2004-074593): Mr. P. was accused by his girlfriend of assaulting her friend “James”.  They said both people were drunk and it had occurred at a party the night before.  At trial, we were able to show that Mr. P. was in fact assaulted by James, and that James was now dating Mr. P.’s ex-girlfriend.  The Judge found Mr. P. not guilty of all charges at trial.

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, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. V (DMC No. 4525)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. V. (DMC No. 4525) (Phoenix City Court 3016206): Mr. V. had a tumultuous relationship with his ex-wife. She had accused him of putting a gun to her head, and assaulting her in the past. She now stated that he grabbed her by the throat and punched her as he was dropping off the kids from visitation. We were able to show that she was making up allegations in order to secure child custody. At trial we showed that the physical evidence did not match with her allegations. The Judge found Mr. V. not guilty of 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. 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 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.

August 29, 2011
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, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. N (DMC No. 10129)

COMPLETE ACQUITTAL at BENCH TRIAL | 2 COUNTS OF ASSAULT/DOMESTIC VIOLENCE – State vs. Mr. N. (DMC No. 10129) (City of Phoenix Case No’s: 4282142 & 4366345): Mr. N. had been having arguments with his wife due to her showing up at his office dressed inappropriately and spending grocery money on shoes.  His wife had previously attempted to commit suicide and threatened to burn down the house with him and the kids in it.  She started a fire in the bathroom and he put it out and argued with his wife some more.  She eventually called police and claimed that he had assaulted her on two different occasions.  Mr. N. was charged with two separate crimes of domestic violence assault, and after a lengthy Bench Trial, we were able to convince the judge find a verdict of Not Guilty on both counts.

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