May 7, 2014

May 7, 2014 By dmcantor 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.

May 1, 2014

May 1, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. S (DMC No. 4627)

REDUCED | VEHICULAR AGGRAVATED ASSAULT (.402 BAC) REDUCED to probation and 6 months in jail – State v. Ms. S. (DMC No. 4627) (Maricopa County Superior Court CR2002-097523): Ms. S. rear-ended a vehicle that was stopped at a red light while she was travelling 45 MPH. The victim suffered a spine fracture as well as multiple lacerations to his body. Ms. S. subsequently provided blood at the hospital which revealed a .402 blood alcohol. She was originally charged with an AGGRAVATED ASSAULT DANGEROUS which subjected her to potentially 5 to 15 years of prison minimum. We were able to convince the prosecutor to reduce it to a non-dangerous offense with probation and a stipulated 6 months in jail. Ms. S. had gone through rehab and did not drink anymore. She was allowed to serve her 6 months in jail in Flagstaff at the Coconino County Jail (where the weather is much cooler).

April 28, 2014

April 28, 2014 By dmcantor 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 8993)

CHILD ABUSE DISMISSED – State v. Mr. C. (DMC No. 8993) (Maricopa County Superior Court CR2008-180757): Mr. C. lived with his girlfriend and her small children. Her 5 year old daughter had entered the bathroom and touched Mr. C.’s penis without his permission. Mr. C. immediately became upset and put her into a time out. The young girl then told her biological father what had happened, and Mr. C. began being investigated for potential child abuse and possible sex charges. We were able to prove the Prosecutor that he did not know she was in the bathroom, and that he never gave her permission to see or touch him. We eventually had all charges dismissed after a 6 month battle with the Prosecutor’s Office. Mr. C. was facing prison time and potential sex offense registration had we not gotten all charges dismissed.

April 9, 2014

April 9, 2014 By dmcantor 500 Assault / Violent Crime Victories, 75 Orders of Protection / Injunction Against Harassment Victories, Case Victories, Justice Court Victories, Moon Valley Justice Court Victories

State v. Ms. R (DMC No. 7830)

ORDER of PROTECTION QUASHED at HEARING – State v. Ms. R. (DMC No. 7830) (Moon Valley Justice Court CC2008-029585): Ms. R. and her daughter had been having troubles from some time. Ms. R. moved from Chicago to Phoenix in order to live with her daughter. After numerous arguments, Ms. R.’s daughter claimed that items had been broken in the house and she had filed for an Order of Protection and had her mother removed from the house. We were able to show that these allegations were manufactured, and the Order of Protection was quashed. Ms. R. was allowed to move back into her house.

April 9, 2014

April 9, 2014 By dmcantor 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 75 Orders of Protection / Injunction Against Harassment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 6310)

INJUNCTION AGAINST HARASSMENT QUASHED at HEARING – State v. Mr. M. (DMC No. 6310) (Apache Junction City Court CV2006-00247): Mr. M. became engaged with a dispute with a neighbor in a rural area. It escalated to the point where the neighbor cut off Mr. M.’s utility easements, thereby severing his phone service and certain utilities. Eventually, an Injunction Against Harassment was filed against Mr. M. and a Hearing was held. The judge found that the neighbor was being unreasonable and the injunction was quashed as to Mr. M. In addition, the judge informed the neighbor that he could be breaking laws when he cut off access to Mr. M.’s utilities.

March 21, 2014

NOT CHARGED/REDUCED | VEHICULAR 2ND DEGREE MURDER NOT CHARGED/MANSLAUGHTER and AGGRAVATED ASSAULT (dangerous) REDUCED to NEGLIGENT HOMICIDE (non dangerous) with 1 YEAR in PRISON (7 months of actual time) – State v. Mr. F. (DMC No. 11880) (Maricopa County Superior Court CR2011-007282): Mr. F. was travelling on the southbound 101 in Scottsdale when another vehicle engaged an SUV in “road rage” in front of him. The original vehicle slammed on its brakes, causing Mr. F. to swerve to the right, striking the SUV. The SUV flipped and the driver subsequently died at the scene. The original vehicle took off and was designated a “phantom vehicle” by Mr. F. and several witnesses. During the course of the investigation, Mr. F. was discovered to have marijuana and a pipe on his possession. He admitted to smoking marijuana hours earlier. Blood was drawn which was revealed the presence both “active” and “inactive” marijuana metabolites. We submitted various documentation to the County Attorney’s Office and Attorney General’s Office before the case went to Grand Jury. They were originally seeking 2nd Degree Murder charges, but the Grand Jury only returned charges based on Manslaughter. During the course of vigorously defending the case, we had the County Attorney’s Office removed for “conflict”, and the Attorney General’s Office took over the case. We eventually negotiated a reduced plea to Negligent Homicide (Non Dangerous), with a stipulated 1 year in DOC. The actual amount time that Mr. F. will spend in prison is only 7 months. He was originally facing a potential 10 to 22 years on the 2nd Degree Murder and 7 to 21 years on the Manslaughter.

March 18, 2014

March 18, 2014 By dmcantor 500 Assault / Violent Crime Victories, 60 Felony Disorderly Conduct/Threats Dismissed, 60-62 Felony Disorderly Conduct/Threats Victories, Case Victories, Justice Court Victories, Maricopa / Stanfield Justice Court Victories

State v. Mr. W (DMC No. 7363)

DISORDERLY CONDUCT with a WEAPON (gun) DISMISSED – State v. Mr. W. (DMC No. 7363) (Maricopa/Stanfield Justice Court CR2007-190): Mr. W. was bi-polar and having a manic episode when police were called to the Table Top RV Park. He was in an argument with his partner, when his partner saw Mr. W. going to get his 9mm weapon. His partner attacked Mr. W., and they fought over a 9mm hand gun and an AK 47. Various doors inside of the RV were damaged. We were able to show the Prosecutor that Mr. W. never actually handled a weapon nor threatened anyone. In addition, the alleged victim was no longer being cooperative. All charges were dismissed against Mr. W.

March 18, 2014

March 18, 2014 By dmcantor 100F False Reporting Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 76 Misconduct Involving a Weapon Dismissed, 76-78 Misconduct Involving a Weapon Victories, Case Victories, Justice Court Victories, Maricopa / Stanfield Justice Court Victories

State v. Mr. F (DMC No. 7859)

DISMISSED | FALSE REPORTING/DISORDERLY CONDUCT and MISCONDUCT with a WEAPON (gun) – State v. Mr. F. (DMC No. 7859) (Maricopa/Stanfield Justice Court CR08-408): Mr. F. has previously been in an argument with his neighbor, when he went into the garage in order to clean his guns. The neighbor called Mr. F. over to talk about the previous incident. Mr. F. came over with a gun strapped to his back and one sticking out of his pocket. The neighbor said he felt uncomfortable, and Mr. F. put the rifle back in his garage but left the gun in his pocket. The police pulled up (because the neighbor’s wife mistakenly had called them thinking there was a problem) and Mr. F. put the gun in the bed of his pickup truck. When questioned about having a gun “on him” Mr. F. said that he did not. The officers then arrested him for False Reporting (because the gun was near him in the bed of the truck), Disorderly Conduct Dangerous and Misconduct With a Weapon. We were able to show the real story to the Prosecutor, and they agreed to dismiss all charges in exchange for 24 hours of community service. Mr. F. was originally looking at a minimum of 1 ½ years in prison if convicted.

March 6, 2014

March 6, 2014 By dmcantor 115 Assault/Violent Crime Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 9 Felony Aggravated DUI’s Reduced, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 10795)

REDUCED/NOT CHARGED | FELONY AGGRAVATED DUI (.267 BAC with child in car) REDUCED to a misdemeanor DUI with 1 day in jail/ASSAULT NOT CHARGED – State v. Mr. C. (DMC No. 10795) (Maricopa County Superior Court CR2012-10795): Mr. C. had been having problems with high school kids parking their cars and drinking and partying at the bottom of his drive way which overlooked the City from a mountain view. When returning from dinner with his wife and children in the car, he arrived at his driveway and got into a physical altercation with one of the teenagers. After a DUI investigation ensued, he provided a blood sample of .237 BAC. We were able to convince the prosecutor to not charge him with the assault on a juvenile. However, he was charged with AGGRAVATED DUI with child in car and faced up to 2 years in prison. We were able to get the charge reduced down to a misdemeanor REGULAR DUI with only 1 day in jail (versus the SUPER EXTREME DUI penalty of 45 days in jail). Mr. C. has no felony on his record.

February 24, 2014

February 24, 2014 By dmcantor 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.

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