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February 6, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, 79F Second Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 7863)

REDUCED | 2 COUNTS of SECOND DEGREE MURDER and 1 COUNT of AGGRAVATED ASSAULT DANGEROUS REDUCED to AGGRAVATED ASSAULT NON DANGEROUS with 4.5 YEARS of PRISON – State v. Mr. M. (DMC No. 7863) (Maricopa County Superior Court CR2006-009509): Mr. M. and two other friends were challenging another car to a drag race on the I-17. Mr. M. was in the passenger seat, and when both cars got side to side, Mr. M. hung out of the window with a baseball bat and struck the other car. After he got back into the car as both vehicles were travelling 100 mph, they collided. The other vehicle went off the roadway and two of the three passengers were killed. Mr. M. was subsequently charged with 2 counts of second degree murder and 1 count of aggravated assault dangerous. We were able to convince the Prosecutor, by using an accident reconstruction expert, that Mr. M. was not the causal factor in the crash. In exchange for dismissing both counts of second degree murder and reducing the aggravated assault dangerous to a non dangerous, we secured an open range offer in which Mr. M. was sentenced to 4.5 years in prison. He was originally facing a potential of 59 years in prison.

February 6, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 76 Misconduct Involving a Weapon Dismissed, 76-78 Misconduct Involving a Weapon Victories, Case Victories, Justice Court Victories, West Mesa Justice Court Victories

State v. Mr. M (DMC No. 5218)

MISCONDUCT with WEAPON DISMISSED – State v. Mr. M. (DMC No. 5218) (West Mesa Justice Court CR05-00349MI): Mr. M. had been drinking with a friend at a bar when he went outside to lie down on bench. He passed out due to his alcohol consumption, and when his friend came over and begin slapping him in the chest, a gun he had in his holster on his hip fell onto the ground. A police officer witnessed this and Mr. M. was arrested and charged with misconduct involving a weapon. We were able to convince the Prosecutor that the gun was visible when he was standing inside the bar, and the fact that it was obscured only when he laid down did not fit the intent of the statute. All charges were dismissed.

February 6, 2014
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 100K Failure to Obey a Police Officer, 100M Tampering with Evidence Victories, 115 Assault/Violent Crime Pre-Charge Victories, 118 Miscellaneous Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No. 4437)

NOT CHARGED | MISCONDUCT with WEAPON/TAMPERING with PHYSICAL EVIDENCE/FAILURE to COMPLY with POLICE OFFICER NOT CHARGED – State v. Mr. W. (DMC No. 4437) (Tolleson Police Department DR04-0503028): Mr. W. was pulled over by police for allegedly not having a license plate light. In reality, the police were conducting surveillance on a known drug house and wanted to see if he purchased drugs. When they asked if they could search him, he said “no thank you”. He was then placed in handcuffs, taken to the ground and upon being searched a gun, knife and drugs were found. The officers alleged that he attempted to throw the knife and hide it before being placed under arrest. We were able to convince the Prosecutor to only charge the possession of drugs and allow Mr. W. to do a diversion dismissal class known as “TASC”. None of the other charges were brought, and he has no conviction on his record.

February 6, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Z (DMC No. 6472)

MISCONDUCT INVOLVING a WEAPON (prohibited possessor) with 2 PRIORS REDUCED to PROBATION with ZERO DAY JAIL – State v. Mr. Z. (DMC No. 6472) (Maricopa County Superior Court CR2005-139036): Mr. Z. had been contacted by police when a call came in that he was threatening to commit suicide. When police contacted him, he was found in a bedroom with several rifles and guns located against the wall. He was immediately taken into custody and invoked his right to counsel. He was subsequently charged with a class 4 “misconduct involving weapons” with 2 priors, which meant he was facing 6 to 15 years in prison. We were able to conduct mitigation and have the case reduced to probation with no allegation of prior convictions. At sentencing, we put on a Mitigation Hearing and the Judge agreed to give zero day’s jail to Mr. Z.

February 4, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 79I Stalking Victories, 79J Harassment Victories, Case Victories, City Court Victories, Payson City / Magistrate Court Victories

State v. Mr. H (DMC No. 10350)

HARASSMENT/STALKING DISMISSED – State v. Mr. H. (DMC No. 10350) (Payson City Court 2011CR-12227): Mr. H. has issues with his next door neighbor due to a barking dog who wouldn’t be quiet.  The conflict had been going back and forth, and Mr. H. had set up cameras to monitor his neighbor’s back yard to show the dogs barking.  The neighbor took a photo of Mr. H. looking at him with binoculars, and phoned the police telling them that he was being harassed and placed under surveillance.  Mr. H. was cited with harassment and stalking, and we were able to get the case dismissed in exchange for Mr. H. removing the camera equipment and doing some diversion classes.

 

February 4, 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, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 4845)

REDUCED | FELONY DISORDERLY CONDUCT with a GUN (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR DISORDERLY CONDUCT with 60 DAYS JAIL DEFERRED– State v. Mr. P. (DMC No. 4845) (Maricopa County Superior Court CR2004-124472): Mr. P. and his wife had been in a bar, when he was dropped off at home while she went to run an errand with her 5 year old.  When she got back, 6 shots had been fired from a gun inside the house, and Mr. P. was passed out.  The police arrived and charged Mr. P. with felony disorderly conduct dangerous, which carries a prison range of 1 ½ to 3 years in prison.  We were able to argue that nobody else’s peace was disturbed and the police were only called after the fact. We were able to have the case reduced to a class 6 open disorderly conduct with 60 days of deferred jail.  Upon successful completion of probation, Mr. P. did not have to do any jail and his conviction became a mere misdemeanor.  He has no felony on his record.

February 4, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 52 Assault/Domestic Violence Reduced, Case Victories, City Court Victories, Glendale City Court Victories

State v. Mr. P (DMC No. 10788)

REDUCED | ASSAULT REDUCED to DISORDERLY CONDUCT with ZERO DAYS IN JAIL – State v. Mr. P. (DMC No. 10788) (Glendale City Court CR2012-006374): Mr. P. was engaged in a verbal altercation with his sister when she went to call 911.  As he was trying to grab the phone, he accidentally struck her in the face and cut her lip.  He was originally charged with assault, however, we were able to get the charge reduced to a simple “disorderly conduct” with zero day’s jail.  He has no assault conviction on his record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. B (DMC No. 10554)

CHILD ABUSE REDUCED to a CLASS 6 OPEN/MISDEMEANOR AGGRAVATED ASSAULT with PROBATION and ZERO DAYS JAIL – State v. Mr. B. (DMC No. 10554) (Pinal County Superior Court CR2011-02622): Mr. B. was accused of slapping a 7 year old in the face, giving him a black eye and striking him with a belt multiple times.  Mother and father had since separated, and she had taken the kids out of State without going through the Family Law Court.  Mr. B. made several admissions to disciplining his son, but stated that the mother was exaggerating. We were able to have the case reduced down from class 4 felony to a class 6 open which involved probation and no jail.  Once probation was completed, the case became a misdemeanor.  Mr. B. has no felony on his record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C (DMC No. 10411)

CHILD ABUSE REDUCED to MISDEMEANOR HINDERING PROSECUTION – State v. Ms. C. (DMC No. 10411) (Maricopa County Superior Court CR2011-006084): Ms. C. was accused by the school of striking her daughter in the eye and giving her a black eye.  The daughter later stated that she was placed into the corner for a time out, and she accidently fell over and struck the hinge on the door.  Due to some potentially incriminating statements, the case did not go to trial and instead was plead down to a misdemeanor “hindering prosecution” with 37 days of jail.  There is no conviction or felony on Ms. C.’s record.

February 4, 2014
Posted on Author By dmcantor Categories 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. Ms. W (DMC No. 5757)

CHILD ABUSE DISMISSED – State v. Ms. W. (DMC No. 5757) (Maricopa County Superior Court CR2005-048444): Ms. W. had previously been convicted of child abuse and was on probation.  When she had gone to daycare, she saw that her child had a small blood blister on his ear.  When she begun accusing the daycare center, they then called CPS on Ms. W.  Ms. W. was subsequently charged with child abuse by Grand Jury.  We were able to get the case dismissed based upon a faulty Grand Jury proceeding.  Ms. W. was facing a presumptive of 4.5 years in prison.

 

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