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February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 53 Assault/Domestic Violence Pre-Charge Victories, Case Victories

State v. Mr. L (DMC No. 5887)

ASSAULT NOT CHARGED – State v. Mr. L. (DMC No. 5887) (Phoenix Police Department DR2004-42434207): Mr. L. was at a movie theater with his girlfriend and kids, when his girlfriend asked some people if they can move down so they could sit.  Another person in the row behind them stated “shut up bitch” and Mr. L. got into an argument with the alleged victim.  Words were exchanged, and the other gentleman rapidly approached Mr. L.  Mr. L. grabbed him by the shirt collar, and then an off duty Sheriff’s Deputy intervened. Although a report was taken against Mr. L., we were able to convince the Prosecutor to not file charges as he merely used proper force while defending himself.

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 52 Assault/Domestic Violence Reduced, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. N (DMC No. 10141)

ASSAULT REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. N. (DMC No. 10141) (Scottsdale City Court CR2011-018300): Mr. N. was having a heated argument with his wife in a parking lot, when somebody walked up and punched him.  Mr. N. was knocked out and the police were called.  Because witnesses had said that Mr. N. had grabbed his wife, he was charged with assault.  We were able to show that he was actually the victim of somebody else’s assault, and all he was doing was engaged in a loud argument.  The State agreed to reduce the assault charge down to a mere “disorderly conduct” with zero day’s jail.

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 700 Property Crime Victories, 79J Harassment Victories, 95 Trespass Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. B (DMC No. 10186)

DISMISSED | TRESPASS/HARASSMENT – State v. Mr. B. (DMC No. 10186) (Phoenix City Court 4358013): Mr. B. went to his ex girlfriends house (she was also his ex employee) in order to speak with her.  The relationship had ended tumultuous, and she filed a lawsuit against Mr. B.  When police were called, she claimed that he had trespassed and had been harassing her.  Although he was arrested and charged, we were able to convince the Prosecutor to dismiss the harassment charge and allow Mr. B. to attend counseling in exchange for a dismissal of the trespass also pursuant to diversion.

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 73-74A Resisting Arrest Victories, 74A Resisting Arrest Pre-Charge Victories, 75 Orders of Protection / Injunction Against Harassment Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. J (DMC No. 1619)

NOT CHARGED | RESISTING ARREST/VIOLATION of INTERFERING with JUDICIAL PROCESS (IJP) NOT CHARGED – State v. Mr. J. (DMC No. 1619) (Phoenix Police Department DR0000-90398229): Mr. J. was the passenger for an individual who was being arrested for DUI.  When Mr. J. got out of the vehicle, he was ordered to get back in by a Police Sergeant.  He got in and out of the car three different times, then approached the police vehicle and attempted to open the door.  As he was being grabbed and told he was under arrest, the officer claimed he resisted.  Although he was arrested for “Interfering with Judicial Process” and “Resisting Arrest”, we were able to prevent the charges from being filed.

 

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 6147)

RESISTING ARREST REDUCED to PROBATION with ZERO DAYS JAIL – State v. Ms. H. (DMC No. 6147) (Maricopa County Superior Court CR2006-103187): Ms. H. came upon a traffic jam, and then began driving on the dirt shoulder to the right of the road for about a quarter of a mile.  Police stopped her and wrote a ticket.  As the officer was putting away papers inside of his motorcycle Ms. H. began to pull out.  The officer jumped backed and yelled “you were trying to hit me”.  Ms. H. said “no” and began to drive away.  The officer punched her car and told her to stop.   She stated “no” and drove home.  The officer followed her home, and then grabbed her wrist in order to place her under arrest.  Ms. H. pulled away, and she was taken to the ground and cited for “resisting arrest”.  We were able to have the case reduced to a class 6 open which was ultimately designated a misdemeanor.  She merely received 9 months of probation with zero day’s jail.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 5090)

RESISTING ARREST REDUCED to MISDEMEANOR with ZERO DAYS JAIL – State v. Mr. M. (DMC No. 5090) (Maricopa County Superior Court CR2005-100412): Mr. M. had a large party at his house while his mother was out of town.  Police were called due to the noise complaint.  When they contacted Mr. M. he personally opened the door and admitted that he was 19 and had been drinking. When they told him he was under arrest for the alcohol violation, he attempted to pull away and resist officer’s attempts to arrest him.  He had to be taken to the ground and was charged with felony “resisting arrest”.  We were able to speak to with the Prosecutor, and have the case amended to simple misdemeanor with zero days in jail. He had no felonies on his record.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 57-59 Disorderly Conduct / Threats Victories, 58 Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. K (DMC No. 5028)

DISORDERLY CONDUCT with BAT (dangerous) REDUCED to RESISTING ARREST with 9 MONTHS JAIL – State v. Mr. K. (DMC No. 5028) (Maricopa County Superior Court CR2004-127702): Mr. K. was involved in a family argument when he was assaulted by his step son with a baseball bat.  Police were called, and Mr. K. had subsequently retrieved the bat.  When police arrived, he was distraught and would not put down the bat.  Police felt threatened, they used a taser and arrested him.  He was facing a disorderly conduct with a deadly weapon against police officers, and faced a minimum of 2.25 years in prison.  We were able to have the case reduced to “resisting arrest” with 9 months of jail along with work release.

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 57-59 Disorderly Conduct / Threats Victories, 59 Disorderly Conduct/Threats Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, Downtown Justice Court Victories

State v. Ms. H (DMC No. 5220)

NOT CHARGED | DISORDERLY CONDUCT NOT CHARGED – State v. Ms. H. (DMC No. 5220) (Downtown Justice Court A542730/Maricopa County Sheriff’s Office DR03-27349): Ms. H. was at a Diamondback’s baseball game with her boyfriend, when he got involved in a fight and was arrested.  She went to follow him into the police holding area, when deputies stopped her.  She was told to leave the area and subsequently came back.  She demanded to have officer’s names, and began shouting profanities.  She was placed under arrest for disorderly conduct.  We convinced the Prosecutors that this case did not actually rise to the level of disorderly conduct, as Ms. H. merely emphasized to have the officer’s names while using bad words.  They agreed, and no charges were filed on Ms. H.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, 79C Unlawful Discharge of a Firearm (Shannon’s Law) Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. F (DMC No. 4655)

REDUCED | DISORDERLY CONDUCT with a GUN (dangerous)/DISCHARGE of a FIREARM (Shannon’s Law) REDUCED to a MISDEMEANOR with ZERO DAYS JAIL – State v. Mr. F. (DMC No. 4655) (Maricopa County Superior Court CR2004-016563): Mr. F. had gone shooting with friends earlier in the day, and when he got back to his residence he decided he did not want to have a loaded weapon with him.  He fired 11 shots into a tree and neighbors called police.  We were able to show that nobody was placed in danger, and convinced the Prosecutor to reduce charges to a simple misdemeanor with zero days in jail and 6 months of unsupervised probation.  He was originally facing up to 6 years in prison if convicted on both felonies. 

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 62 Felony Disorderly Conduct/Threats Pre-Charge Victories, 79C Unlawful Discharge of a Firearm (Shannon’s Law) Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. H (DMC No. 6769)

NOT CHARGED | DISORDERLY CONDUCT with a GUN (dangerous)/DISCHARGE of a FIREARM (Shannon’s Law) NOT CHARGED – State v. Ms. H.  (DMC No. 6769) (Gilbert Police Department DR05-000011264): Ms. H. suffered from alcohol and substance abuse addiction, and had drunk and taken prescription medication before he had gone to sleep.  At some time in the night, he woke up and fired shots through the wall of his bedroom.  His roommate called police and they found Mr. H. in a stuporous state, passed out in the bedroom.  After he was arrested, the police routed the case to the County Attorney’s Office to charge him with disorderly conduct “dangerous” and discharge of a weapon under Shannon’s Law.  He was facing potentially up to 3 years in prison under each charge.  We were able to convince the Prosecutor not to file charges due to the fact that Mr. H. had subsequently successfully completed substance abuse treatment and counseling.

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