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January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 6764)

NOT CHARGED | SEXUAL ASSAULT/VULNERABLE ADULT ABUSE – State v. Mr. B. (DMC No. 6764) (Glendale PD Investigated): Mr. B. had been married for over 30 years when his step-daughter moved into the same trailer park complex that he lived in.  She was currently under the treatment of “Value Options” for having a mental disability.  They began having a sexual relationship that was consensual, and then she became enraged when he would not loan her money.  She then reported the sexual conduct to Value Options and stated that she was not only sexual assaulted since she had moved into the trailer park, but also 30 years earlier when she was only 14.  Glendale Police investigated and we presented evidence of her attempted extortion.  When they went back to speak with the alleged victim, she no longer wished to aid in prosecution, and no charges were ever brought.  Mr. B. would have been facing decades in prison if he were charged and convicted.

 

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 6772)

NOT CHARGED | SEX ASSAULT/VULNERABLE ADULT ABUSE – State v. Mr. R. (DMC No. 6772) (Phoenix PD Investigated): Mr. R. had been married for 13 years, and he had a 36 year old step-daughter who was mentally handicapped and lived in a group home.  His wife accused him of having a sexual relationship with the step-daughter, and Detectives were contacted.  The step-daughter would not cooperate with police, and she also had changed her story that she had originally told to her mother.  We were able to invoke Mr. R.’s 5th Amendment rights, and the Detective had to deal directly with us.  The Detective determined there was “insufficient evidence”, and the case was never sent to the Maricopa County Attorney’s Office for charging.  If convicted, Mr. R. would have faced multiple years in prison.

 

January 10, 2014
Posted on Author By dmcantor Categories 15A Vehicular Homicide Victories, 18 Vehicular Homicides/Manslaughter Reduced, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 63-65 Homicide Victories, 64 Homicide Reduced, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, Case Victories, City Court Victories, Surprise City Court Victories

State v. Mr. R (DMC No. 10402)

REDUCED | MISDEMEANOR VEHICULAR MANSLAUGHTER (A.R.S. 28-672) REDUCED to probation with zero days in jail – State v. Mr. R. (DMC No. 10402) (Surprise Municipal Court TR11-00425): Mr. R. made a left hand turn in front of a vehicle that contained two passengers.  A 93 year old woman died due as a result of that collision.  Mr. R. was cited under ARS 28-672 “causing death due to a moving violation”, and faced up to 6 months in jail.  Although witnesses claimed it was Mr. R.’s fault, we were able to show the prosecutor that it may have been the other driver’s fault.  Ultimately, they offered a plea with restitution and 160 hours of community service with no jail time.

January 10, 2014
Posted on Author By dmcantor Categories 12 Hit and Run Reduced, 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. Mr. P (DMC No. 4372)

VEHICULAR AGGRAVATED ASSAULT/FATAL HIT AND RUN REDUCED to probation and no actual jail – State v. Mr. P (DMC No. 4372) (Maricopa County Superior Court CR2004-007740): Mr. P. was involved in a car accident with a pedestrian in which he took off.  He immediately contacted our office the next day, and we contacted Detectives in order to find out how badly the individual was hurt, and to make arrangements to turn in Mr. P. for self surrender.  For 4 months Detectives could find no report indicating that there was an accident and that anyone had been struck.  Our office had Mr. P.’s car put into storage and analyzed by experts.  Clearly he had struck another person.  After 4 months, other Detectives had inadvertently categorized the police report under “hit and run” instead of “vehicular homicide”.  When the mistake was realized, the victim’s family was notified, and we struck a deal with the prosecutor to reduce a potential vehicular homicide to an AGGRAVATED ASSAULT charge.  We later presented mitigating information regarding Mr. P. and had the AGGRAVATED ASSAULT DANGEROUS (which subjected him to potentially 5 to 15 years in prison minimum) down to probation with 6 months of “deferred” jail.  At the conclusion of probation, the 6 months jail requirement was waived and Mr. P. did not have to serve any actual jail time.

January 10, 2014
Posted on Author By dmcantor Categories 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. Mr. B (DMC No. 4729)

REDUCED | VEHICULAR AGGRAVATED ASSAULT REDUCED to disorderly conduct with 30 days in jail – State v. Mr. B. (DMC No. 4729) (Maricopa County Superior Court CR2004-040639): Mr. B. was accused of getting into an argument with a bicyclist.  He was seen driving on the sidewalk with his minivan in an attempt to run down the bicyclist.  He was subsequently arrested and charged with vehicle aggravated assault and faced a minimum 5 to 15 years in prison.  We presented evidence that Mr. B. was never within 10 feet of the alleged victim.  Because of this, we secured an offer to a disorderly conduct.  At sentencing, the judge could have gone up as high as 1 year in jail, but instead he only gave Mr. P. 30 days in jail.

January 10, 2014
Posted on Author By dmcantor Categories 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. Mr. G (DMC No. 5314)

REDUCED | VEHICULAR AGGRAVATED ASSAULT REDUCED to DISORDERLY CONDUCT with probation and zero jail – State v. Mr. G. (DMC No. 5314) (Maricopa County Superior City CR2004-038201): Mr. G. got into an argument with a neighbor down the street.  They have prior problems and the neighbor threw a metal wrench at Mr. G.’s car and chipped his paint.  Mr. G. got in his truck in an attempted to run down the neighbor in his vehicle.  Due to the fact that Mr. G. did not strike the neighbor, we were able to convince the prosecutor to reduce the VEHICULAR AGGRAVATED ASSAULT dangerous charge (which carried a mandatory 5 to 15 years in prison) down to a disorderly conduct class 6 “open” with no jail.  After probation was complete, the charge became a misdemeanor and no felony was on Mr. G.’s record.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 10395)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (.119 BAC) NOT CHARGED – State v. Mr. B. (DMC No. 10395) (DPS investigated): Mr. B. was originally in a bad DUI accident in which his breath alcohol was a .119.  The other person who was injured went to the hospital and subsequently filed a civil law suit.  During the course of the law suit, the victim’s attorney contacted us and had stated that the victim had undergone 6 surgeries and almost lost his arm.  Due to the nature of the injuries, we became involved in order to ensure the that County Attorney’s Office would not pick up the case and file AGGRAVATED ASSAULT charges, which would expose Mr. B. to 5 to 15 years of prison.  We were ultimately successful in keeping the case a civil matter, and no charges were brought against Mr. B.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. Z (DMC No. 10718)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – State v. Mr. Z. (DMC No. 10718) (Scottsdale PD investigated): Mr. Z. was at a Christmas party, when another individual noticed Mr. Z.’s BMW M3.  That other individual asked to go for a ride in the vehicle, and they both left.  Each of them took turns driving the car, and both had been drinking.  Subsequently, the vehicle was involved in a wreck in which both parties were knocked unconscious and went to the hospital and had no memory of who was driving.  Eventually, the other party claimed Mr. Z. was driving and filed a law suit in order to collect insurance money.  We were able to convince the police that they could not accurately place Mr. Z. behind the wheel, and no charges were brought.  He was originally facing 5 to 15 years in prison.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V (DMC No. 10336)

DISMISSED/NOT CHARGED | AGGRAVATED ASSAULT WITH GUN DISMISSED/HIT AND RUN NOT CHARGED – State v. Mr. V. (DMC No. 10336) (Maricopa County Superior Court CA2009-055168): Mr. V. was driving in Cave Creek when he and another vehicle side swiped each other.  They both pulled into a Bashas’ parking lot when the other driver ran up to Mr. V.’s window in an excited and angry manner.  Mr. V. had a gun in a holster, which he kept for his protection, and he displayed this weapon to the other driver.  The other driver ran away, got in his car, left and called police.  We were able to convince the police that there was no hit and run as the other driver had left, and we also explained to the prosecutor that Mr. V. was justified in displaying his weapon. Even though he had been charged with AGGRAVATED ASSAULT with a gun and was facing 5 to 15 years in prison, all charges were dismissed.

November 27, 2013
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Ms. L. (DMC No. 11667)

Not Guilty / Complete Acquittal / Felony Aggravated Assault (2 Counts) – State v. Ms. L. (DMC No. 11667) (Maricopa County Superior Court No. CR2013-102278-001):

Ms. L. had called 911 due to a domestic violence dispute in her home in Mesa, Arizona where her roommate had assaulted her.  Two Mesa Police Officers arrived and eventually claimed that Ms. L. assaulted them.  One officer claimed that Ms. L. pushed him, and the other claimed that Ms. L. spit on him.  Knowingly touching a police officer with the intent to insult, injure, or provoke him/her is a Felony Aggravated Assault.  The entire incident was captured on video from a mounted camera on one of the officer’s shoulders.  After jury trial in which the attorney from our firm showed through testimony of various witnesses that the police officers lied both in their police reports and on the witness stand Ms. L. was found not guilty on both charges by the jury of her peers.

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