(Pinal County Superior Court No. CV200601737): Mr. M. was in a dispute with his neighbor. Mr. M. was facing criminal charges for discharging a firearm in his backyard. The neighbor then filed an Injunction Against Harassment, and we were able to get that Injunction dismissed. This was important because had it not been dismissed, Mr. M. would have been at risk to have his neighbor call the police at any time he wished, thereby causing Mr. M. to go to jail.
(Case Number 4282142) Mr. N was charged with assault after allegedly assaulting his wife by grabbing her by the hair and throwing her into a wall after she was playing with fire in the master bedroom bathroom. Although the attorney for Mr. N attempted multiple times to convince the city prosecutor to dismiss the charges they insisted on moving forward to trial. After a bench trial where both Mr. N and his wife testified, the Judge agreed with the defense that even if injury occurred it was not done intentionally but rather inadvertently when Mr. N was trying to remove his wife from the potential of harm’s way. Mr. N was found not guilty on the charge.
Mr. M was involved in a traffic accident on the State Route 51 near Cactus Road. Officers were called out and Mr. M was arrested for DUI and he provided a blood test of a .303 BAC. While in the back of the Patrol car, he became belligerent and used profanities. The Officers’ claimed that he tried to grab a taser and Mr. M. was then charged with Felony Aggravated Assault on a Police Officer under Arizona Revised Statute ARS 13-1204(A)(8)(A). Because Mr. M had 2 prior felony convictions, he was facing potential of 5 years+ in Prison.
At Jury Trial, we were able to show that Mr. M was extremely intoxicated by alcohol. This proved that he did not have the requisite “intent” necessary to grab a taser, turn it on and fire it at the Officer. He was simply pulling away while Officers were attempting to restrain him. The Jury agreed and found Mr. M Not Guilty of all charges.
COMPLETE ACQUITTAL at BENCH TRIAL | 2 COUNTS OF ASSAULT/DOMESTIC VIOLENCE – State vs. Mr. N. (DMC No. 10129) (City of Phoenix Case No’s: 4282142 & 4366345): Mr. N. had been having arguments with his wife due to her showing up at his office dressed inappropriately and spending grocery money on shoes. His wife had previously attempted to commit suicide and threatened to burn down the house with him and the kids in it. She started a fire in the bathroom and he put it out and argued with his wife some more. She eventually called police and claimed that he had assaulted her on two different occasions. Mr. N. was charged with two separate crimes of domestic violence assault, and after a lengthy Bench Trial, we were able to convince the judge find a verdict of Not Guilty on both counts.
DISMISSED AT BENCH TRIAL | DISORDERLY CONDUCT/TRESPASS – State vs. Mr. L. (DMC No.’s 10123 & 10124) (Mesa City Court No. 2011-023078 & 2011-023076): Mr. L. was drinking at a strip club when he began thinking about an old girlfriend that lived in the neighborhood. He tried to find his old girlfriends house and went knocking at the doors of several residences at approximately 4:00 in the morning. Due to his intoxicated state, the police were called and Mr. L. was charged with Trespassing/Disorderly Conduct at two separate locations. On the date of the Bench Trial, we reviewed all evidence with the prosecutor and they agreed to Dismiss all charges.
DISMISSED AT BENCH TRIAL | ASSAULT/CRIMINAL DAMAGE/DISORDERLY CONDUCT State vs. Mr. B. (DMC No. 10031) (Apache Junction Justice Court No. 2010-0207): Mr. B. was in the process of filing for divorce against his wife who was constantly accusing him of cheating on her. She attacked him several times during the course of one night and scratched his face. He then physically pushed her in order to defend himself. During the course of this altercation, his cell phone was damaged. Mr. B.’s ex-wife waited until the next day to report the incident to the police while at a friend’s house. On the day scheduled for Bench Trial, we explained all factors to the prosecutor involving self defense, and they moved to Dismiss the case at that time.
NOT GUILTY/PARTIAL ACQUITAL | ASSAULT State vs. Mr. D. (DMC No. 10043) (Chandler City Court No. 10-C-3557351): Mr. D. was at a Halloween party with his wife at a bar where they were having a costume contest. His wife and another woman were dressed as Katy Perry. The other woman’s boyfriend got into an argument with Mr. D.’s wife and Mr. D., and then a fight ensued. At the Bench Trial, we were able to show that Mr. D. was defending himself and his wife and that was actually the victim of assault. He was found Not Guilty at Trial.
State vs. Ms. S. (DMC No. 9987) (Glendale City Court No. CR2011-010216): Ms. S. was arguing with her husband of 20 years, when he shut the bedroom door. When she attempted to get inside of the bedroom, Mr. S. opened the door rapidly and the two collided with each other and fell to the floor. Two older children became upset and entered the room. At that time Ms. S. called police and they arrived to take statements. Because Ms. S. was a United States citizen from Lybia, she had an accent and her English was broken, the police decided to arrest her and charge her with disorderly conduct. We were able to convince the prosecutor that this was not a true Disorderly Conduct but merely an accident and the argument got somewhat out of hand. All charges were Dismissed against Ms. S.
State vs. Ms. N. (DMC No. 9477) (Maricopa County Superior Court No. CR2009-175984): Ms. M. was driving along the freeway when she had passed another vehicle in the HOV lane. This vehicle was tailgating her and she tapped her brakes in order for him to slow down. As she was changing lanes to exit the freeway, she heard a noise behind her but did not know what it was. Police then left a message that they were trying to contact her regarding a hit and run accident with numerous injuries. We were eventually able to convince the prosecutor’s office to charge only an endangerment instead of the more serious of felony hit and run. Although endangerment was still a felony, we were able to work up the case and conduct a photo lineup with the alleged victim. He was not able to identify Ms. M., and the state agreed to reduce charges to a misdemeanor hit and run charge that involved probation and no jail time. Originally Ms. M. was facing a potential of 5-15 years in prison for an aggravated assault.
State vs. Ms. S. (DMC No. 9986) (Glendale City Court No. CR2011-010233): Ms. S. was arguing with her husband of 20 years, when he shut the bedroom door. When she attempted to get inside of the bedroom, Mr. S. opened the door rapidly and two collided with each other and fell to the floor. Two older children became upset and entered the room. At that time Ms. S. called police and they arrived to take statements. Because Ms. S. was a United States citizen from Lybia, she had an accent and her English was broken. The police decided to arrest her and charge her with disorderly conduct. We were able to convince the prosecutor that this was not a true Disorderly Conduct but merely an accident and the argument got somewhat out of hand. The Order of Protection obtained by her husband was Dismissed by the Judge.