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February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No. 5082)

DISMISSED | AGGRAVATED ASSAULT DANGEROUS (with a gun)– State v. Mr. H. (DMC No. 5082) (Maricopa County Superior Court CR2004-127583): Mr. H. had called a tow truck because his car had broken down. The tow truck driver arrived, and Mr. H. told him he did not need his services anymore because his friend was coming. The tow truck driver told him he would still have to pay a service fee and Mr. H. said “no”. The tow truck driver then went back to his truck and retrieved a large Mag-lite flashlight and wheeled it like a Billy club. Mr. H. then pulled his gun and told the man to stand back. The police were called and the tow truck driver neglected to mention anything about requesting a service fee charge. Even though Mr. H. was arrested and charged with Aggravated Assault, Dangerous (with a gun) which exposed him to 5 to 15 years in prison, we were able to show the Prosecutor that his was a case of self-defense, and all charges were dismissed.

February 19, 2014
Posted on Author By dmcantor Categories 1500 Expungement Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 10724)

DISMISSED/MOTION GRANTED | AGGRAVATED ASSAULT on a POLICE OFFICER DISMISSED/MOTION to CLEAR ARREST RECORD GRANTED – State v. Mr. D. (DMC No. 10724) (Maricopa County Superior Court CR2012-109505): Officer’s responded to a call of a possible drunk driver, when they saw Mr. B. pull off to the side of the road. He was extremely unbalanced, and was falling to the ground. They attempted to keep him from his car as he kept trying to walk back. They placed him under arrest, and he struggled with the officer’s. Fire personal were called, and he was taken to the hospital, where it was revealed he had a 52 blood sugar level (i.e. very low). This was due to his diabetes. The police still arrested and charged Mr. D. with assaulting a police officer. We presented all medical records, and we were able to get the charges dismissed. In addition, we petitioned to have the arrest cleared from his record. We were successful.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 10323)

DISMISSED | AGGRAVATED ASSAULT (broken hand/surgery) – State v. Mr. B. (DMC No. 10323) (Maricopa County Superior Court CR2011-154342): Mr. B.’s girlfriend had depression issues and had also engaged in self mutilation. She was being professionally treated when she had an incident in which she carved the word “fat” into her thigh with a pair of scissors. One night, she began drinking and was going to leave, and Mr. B. stopped her by taking her car keys in a struggle. The next day, she went to the doctor and was told her hand was broken. She ultimately had surgery to set the bones for proper healing. After Mr. B. was arrested and charged, we became involved and had him take, and pass a polygraph test. In addition, we presented the Prosecutor mental health records of the alleged victim. All charges were dismissed, and Mr. B. has no criminal record.

February 19, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories

State v. Ms. E (DMC No. 4325)

AGGRAVATED ASSAULT on a POLICE OFFICER DISMISSED – State v. Ms. E. (DMC No. 4325) (Maricopa County Booking A914876): Ms. E. and her husband were with neighbors outside having a party when the police arrived and told them it was “illegal to drink outside”. They began arguing with the officer’s, and the officers threw down her husband to arrest him. She stepped in and attempted to pull the officers off her husband. She was subsequently arrested and charged with aggravated assault on a police officer. We were able to speak with the charging attorney at the Maricopa County Attorney’s Office, and they agreed all charges should be dismissed.

February 19, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 52 Assault/Domestic Violence Reduced, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Peoria City Court Victories

State v. Ms. Q (DMC No.6120)

REDUCED/DISMISSED | ASSAULT REDUCED to DISORDERLY CONDUCT/DISORDERLY CONDUCT then DISMISSED with “diversion” – State v. Ms. Q. (DMC No.6120) (Peoria City Court CR2005-000976): Ms. Q. had gotten into an altercation with her ex-husband’s new wife. They were arguing and fighting over the 17 year old daughter who had split custody. She was subsequently charged with assault and we were able to show it was a mutual combat scenario. The charges were reduced from assault to disorderly conduct. We were then able to convince the Prosecutor to allow Ms. Q. to take classes in order to have the case dismissed per “diversion”. She had no conviction on her record.

February 19, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 15A Vehicular Homicide Victories, 18 Vehicular Homicides/Manslaughter Reduced, 19 Vehicular Homicides/Manslaughter Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime 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. Ms. R (DMC No. 6107)

NOT CHARGED/REDUCED | FELONY MANSLAUGHTER NOT CHARGED/MISDEMEANOR MANSLAUGHTER REDUCED to PROBATION with 100 HOURS of COMMUNITY SERVICE – State v. Ms. R. (DMC No. 6107) (West Mesa Justice Court CT2006-002295/Salt River Police Department DR2005-06294): Ms. R. had been driving near McKellips & Alma School Road in Mesa, when she made a u-turn. Another vehicle had been coming through the intersection and struck her. The driver of that vehicle died. As police contacted her, she had indicated she had drank 3 ounces of wine several hours prior, and had taken some prescription medication two days earlier. They subsequently had her sign a contract that voluntarily give blood, and we then became involved. We were able to prove with an “accident reconstruction” and blood analysis that she was not impaired, and that the accident was not her fault. The Maricopa County Attorney’s Office declined to file the felony manslaughter charge. She was, however, charged with “misdemeanor manslaughter”. We were able to have that reduced to 100 hours of community service. She was originally facing 7 to 21 years in prison, and ended up with no felony on her record and not having to do jail time.

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 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, 84 Drug Sales/Transportation Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. P. (DMC No. 5002)

REDUCED | POSSESSION of DRUGS FOR SALE (1 pound marijuana; 17 grams of methamphetamine)/MONEY LAUNDERING/MISCONDUCT with WEAPONS and POSSESSION of DRUG PARAPHERNALIA REDUCED to SOLICITATION with PROBATION and ZERO DAYS in JAIL – State v. Mr. P. (DMC No. 5002) (Pinal County Superior City Court CR2004-01175): Detectives had been working with an undercover confidential informant who stated that Mr. P. had been selling drugs out of his house.  Police executed a search warrant, and then found 1 pound of marijuana, 17 grams of meth and a 9 mm handgun at Mr. P.’s location.  Mr. P. was questioned and made admissions, and then he was read his Miranda rights and made the same admissions again on tape.  Due to the improper questioning of Mr. P. pre Miranda, we were able to negotiate a plea agreement to a mere “solicitation to possess drugs”, which included probation with zero days in jail.  Originally Mr. P. was facing mandatory prison time for being above the threshold and having a gun on his possession while committing a drug crime.

 

February 12, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Payson City / Magistrate Court Victories

State v. Mr. E (DMC No. 5425)

PARTIAL AQUITTAL at BENCH TRIAL | THREATS – State v. Mr. E. (DMC No. 5425) (Payson City Court 2005CR12005): Mr. E. was charged with several counts of threats involving his wife.  His wife stated that she had told him she was leaving him and taking his daughter when he allegedly threatened her with a gun.  He went and picked up his daughter from a neighbors house, and left.  It was also alleged he had made threats at the neighbor’s house.  At trial, we received a partial acquittal with a “not guilty” regarding the threats of gun usage at his home with his wife.

 

February 12, 2014
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, 84 Drug Sales/Transportation Reduced, Case Victories, La Paz County Superior Court Victories

State v. Mr. A (DMC No. 4980)

REDUCED | TRANSPORTATION of MARIJUANA for SALE (215 pounds)/MONEY LAUNDERING ($31,000) and RESISTING ARREST REDUCED to POSSESSION of MARIJUANA and FELONY FLIGHT with PROBATION and ZERO DAYS in JAIL – State v. Mr. A. (DMC No. 4980) (La Paz County Superior Court CR2004-0502;CR2003-0283): Mr. A. was travelling as a passenger in a car that was pulled over for travelling 78 mph in a 75 mph zone.  The officer then asked if the two were “engaged in criminal activity”.  A drug dog was brought out who sniffed the car and altered to the presence of marijuana.  Mr. A. then exited the car and ran away.  He was then taken into custody, and he said he ran because he saw the officer was “jacking up his friend”.  215 pounds of marijuana and $31, 000 in cash were found inside the vehicle and Mr. A. was charged with “transportation of marijuana for sale”, “money laundering” and “resisting arrest”.  Due to the questionable nature of the stop, we were able to reduce his charge down to a mere felony flight with possession of marijuana which included probation and zero day’s jail.  He was originally facing over a decade in prison.

 

February 12, 2014
Posted on Author By dmcantor Categories 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. A. (DMC No. 6771)

INJUNCTION AGAINST HARASSMENT DISMISSED after HEARING – State v. Ms. A. (DMC No. 6771) (Moon Valley Justice Court CC2006-18779000): Ms. A.’s child was being harassed by various children in the neighborhood.  He was an 11 year old boy when things became heated, Ms. A. got into an argument with neighbors.  An Injunction Against Harassment was filed against her, and at a full blown Evidentiary Hearing, we were able to have that Injunction Against Harassment dismissed.

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