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August 22, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 79H Aggravated Harassment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M. (DMC No. 7744)

AGGRAVATED HARASSMENT REDUCED to class 6 open/(Misdemeanor at sentencing) with ZERO DAYS in JAIL  – State v. Mr. M. (DMC No. 7744) (Maricopa County Superior Court CR2007-101360): Mr. M. was a well known jazz artist in the City of Phoenix who had been going through fairly high profile divorce.  An Order of Protection was issued from his ex-wife prohibiting him from contacting from her.  He was accused of contacting her multiple times by text and by leaving voice mails.  Due to prior misdemeanor Domestic Violence convictions, Mr. M. was charged with Aggravated Harassment. We were able to show the Prosecutor in court that his ex-wife was using these charges as a tactic to gain an advantage in their custody battle.  He was offered a class 6 “open” felony which was reduced to a misdemeanor immediately at sentencing.  He received zero days in jail.

August 22, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Pima County Superior Court Victories

State v. Mr. B (DMC No. 10671)

AGGRAVATED ASSAULT (class 4 felony) REDUCED to class 6 open/Misdemeanor designated with PROBATION and 60 DAYS in JAIL – State v. Mr. B. (DMC No. 10671) (Pima County Superior Court CR2012-0933): Mr. B. and his fiancé had both been drinking heavily when they engaged each other in an argument.  Mr. B. was alleged to have choked his fiancé to the point of unconsciousness and struck her in the face which, required medical treatment.  He was ultimately arrested and charged with Aggravated Assault.  We were able to present mitigation into evidence to the Prosecutor in court showing that Mr. B. had been under psychiatric care and had recently attempted suicide.  We also showed them that he was now under medication and in ongoing treatment.  The charge was reduced down to a class 6 “open” which became a misdemeanor at the conclusion of probation.  As part of probation, Mr. B. received 60 days in jail.  He was originally facing up to 3.75 years in prison.

August 22, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. L. (DMC No. 7484)

2 COUNTS AGGRAVATED ASSAULT DANGEROUS (shot victim two times) REDUCED to PROBATION with 6 MONTHS of DEFERRED JAIL – State v. Ms. L. (DMC No. 7484) (Maricopa County Superior Court CR2007-120124): Ms. L. and her children’s father were having an argument, when she retrieved a gun and went outside of her residence.  The children’s’ father then came out, and a struggled ensued in which he was shot twice.  Because the baby’s father had a history of domestic violence, and due to the fact that he gave inconsistent statements, we were able to secure an offer from the Prosecutors Office to probation.  We ultimately convinced the judge to defer the 6 months jail term that was imposed, and when Ms. L. successfully completed probation she was not required to do any jail time.  She was originally facing 10 to 30 years in prison if she was convicted on both charges.

August 22, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. A (DMC No. 11074)

VEHICULAR AGGRAVATED ASSAULT DANGEROUS REDUCED to MISDEMEANOR HIT and RUN/ENDANGERMENT with ZERO DAYS in JAIL – State v. Ms. A. (DMC No. 11074) (Maricopa County Superior Court PF2012-144449001/Phoenix City Court 4583866): Ms. A. was accused of being in a rear end accident at 27th Avenue and Thunderbird.  When both parties got out of the car, one of the alleged victims called Ms. A. “crazy”.  Ms. A. was then accused of getting into her car, making a u-turn and speeding directly towards the other two people who were in the accident.  They dove out of the way, then began following Ms. A. and called police.  When Ms. A. was ultimately pulled over, she was charged with Aggravated Assault Dangerous (which carries 5 to 15 years in prison) and Hit and Run.  We were able to convince the Prosecutors Office to dismiss the felony charges and route the case as only a misdemeanor down to the City of Phoenix Prosecutor’s Office.  She was ultimately plead to a simple misdemeanor Hit and Run and Endangerment, which included zero days in jail.

August 22, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 13 Vehicular Aggravated Assault Dismissals, 13-15 Vehicular Aggravated Assault Victories, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 63-65 Homicide Victories, 65 Homicide Pre-Charge Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 7422)

NOT CHARGED | VEHICULAR HOMICIDE/VEHICULAR AGGRAVATED ASSAULT NOT CHARGED – State v. Mr. S. (DMC No. 7422) (Peoria Police Department Investigated): Mr. S. was accused of exiting a private drive and striking a second vehicle that was travelling at a high rate of speed.  The passenger in the second vehicle was treated for injuries, flown to the hospital and later died.  Mr. S. was subsequently investigated for DUI due to unsteadiness on his feet and an odor of alcohol.  During the pendency of a civil lawsuit, filed by the decedent’s family, we were able to show that Mr. S. had been blocked by a fence from having a clean view of the street he was pulling onto.  In addition, we were able to show that the victim’s vehicle did not have its headlights on.  This was done by examining the filaments of the broken headlights.  Because they were not burned out, this proved that they were not actually “on” at the time of the accident.  Ultimately no criminal charges were brought against Mr. S.   He was originally facing potentially Manslaughter/Negligent Homicide charges along with Aggravated Assault Dangerous charges.  He could have spent decades in prison.

 

June 3, 2014
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 5701)

REDUCED (ALL) | SEXUAL CONDUCT with a MINOR (DCAC) (3 counts), CHILD MOLESTATION (DCAC) (3 counts) and KIDNAPPING (3 counts) ALL REDUCED to CHILD ABUSE with PROBATION and 90 DAYS of DEFERRED JAIL – State v. Mr. C. (DMC No. 5701) (Maricopa County Superior Court CR2005-101311): Mr. C. was a 17 year old high school student who was living with his dad, his dad’s girlfriend and her 13 year old daughter.  On five separate occasions, Mr. C. had sexual contact with the 13 year old daughter which included digital penetration (with his fingers) and oral sexual contact.  It was alleged that he would not allow the 13 year old to leave the room when this occurred, and therefore he was charged with 3 counts of kidnapping, along with 3 counts of Child Molest and 3 counts of Sexual Conduct with a Minor.  We were able to have a Psychosexual Risk Evaluation performed on Mr. C., showing that he was not a risk to reoffend, nor was he abnormal being 17 years of age and attracted to a high school freshman.  We secured an offer to 1 count of Child Abuse with probation and 90 days deferred jail (meaning he did not have to serve them unless he violated probation).  He was originally facing 69 years in prison because the charges were considered “Dangerous Crimes Against Children” (DCAC).

 

May 29, 2014
Posted on Author By dmcantor Categories 16D Vehicular Endangerment Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 79B Endangerment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. E (DMC No. 8853)

VEHICULAR ENDANGERMENT REDUCED to MISDEMEANOR with PROBATION and ZERO DAYS in JAIL – State v. Mr. E. (DMC No. 8853) (Maricopa County Superior Court CR2009-104322): Mr. E. had gone out drinking with his girlfriend when they became engaged in an argument while driving home in his truck.  According to witnesses, they were engaged in a physical struggle when he opened the passenger door and pushed her out of the truck while it was travelling at 10 to 15 mph.  She eventually was taken to the hospital and had x-rays for some minor injuries.  Mr. E. was charged with Vehicular Endangerment and was facing potential prison time.  We were able to convince the Prosecutor to reduce the case to a simple misdemeanor with probation and zero days in jail.  Mr. E. has no felony on his record.

 

May 29, 2014
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 69-70A Robbery Victories, 70 Robbery Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 8774)

REDUCED | 2 COUNTS of ARMED ROBBERY DANGEROUS (with gun) REDUCED to BURGLARY with 4 YEARS in PRISON – State v. Mr. P. (DMC No. 8774) (Maricopa County Superior Court CR2008-009263): Mr. P. had become addicted to drugs and had been living on the street as a homeless person.  He and a co-defendant broke into a known drug dealer’s house and held several victims at gun point.  Eventually, a gun battle ensued and one person was wounded.  Mr. P. was charged with 2 counts of Aggravated Assault Dangerous and Burglary (dangerous).  He was facing more than 30 years in prison, and we were able to secure an offer which included a prison range of no more than 5 years in prison.   Through mitigation, we were able to secure sentence to 4 years in prison, with the ability to be released early for good behavior.

May 29, 2014
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 69-70A Robbery Victories, 70A Robbery Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. C (DMC No. 8590)

NOT CHARGED | ROBBERY – State v. Ms. C. (DMC No. 8590) (Phoenix Police Department DR81296729): Ms. C. had obtained some kittens from a local cat “breeder”, and she returned them because they were diseased.  She subsequently got into an argument with the owner and allegedly broke the window of the owner’s property.  She then took two other kittens and left the property.  We were able to work with the Detective and the alleged victim and negotiated a “civil compromise”, which involved a small monetary settlement.  She was not charged with any criminal activity.

May 29, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 82B Possession/Paraphernalia Reduced, 86B Cultivation of Marijuana Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 8763)

REDUCED | CULTIVATION of MARIJUANA, MISCONDUCT INVOLVING WEAPON and POSSESSION of DRUG PARAPHERNALIA REDUCED to ATTEMPT class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8763) (Maricopa County Superior Court CR2009-111214): Mr. B. and his two roommates were the victim of a burglary and armed robbery when police were called to investigate.  During a “welfare check” the police found a bedroom in the house which was a “grow room”, which included numerous marijuana plants.  Mr. B. was subsequently charged with Production of Marijuana, Misconduct Involving a Weapon and Possession of Drug Paraphernalia.  We argued that the “welfare check” was really a pretext to conduct a search, and that Mr. B.’s Miranda rights were violated.  We were able to secure an offer to an “Attempt” that eventually became a misdemeanor with zero days in jail.  Originally Mr. B. was facing years in prison.

 

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