July 3, 2007

July 3, 2007 By dmcantor 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. M (DMC No. 7805)

DISMISSED AT BENCH TRIAL | ASSAULT/DOMESTIC VIOLENCE (DMC No. 7805) (Gilbert City Court No. 2007CR250): Mr. M. was living with his girlfriend when her bird got out and destroyed his $1000 remote control. Mr. M. became upset and was packing his belongings to move out of the house. His girlfriend then blocked his path and refused to let him leave. When he physically moved her, she called the police and he was arrested for an alleged domestic violence assault. On the day of the bench trial, the prosecutor realized that they did not have sufficient evidence to proceed to trial and all charges were dismissed.

November 27, 2006

November 27, 2006 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, Case Victories, Jury Trial Victories

State v. Mr. T (DMC No. 6708)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL: KIDNAPPING & AGGRAVATED ASSAULT – State v. Mr. T (DMC No. 6708) Nov 27, 2006 (Maricopa County Superior Court CR 2006-129306): Mr. T had been home drinking when his girlfriend arrived late at night. They began an argument and a physical altercation ensued. After Police arrived, Mr. T’s girlfriend was found to have a head injury and she was taken to the hospital. Mr. T was ultimately charged with Kidnapping and Aggravated Assault.

On the first day of Jury Trial, the Jury was selected and impaneled. On the second day of Jury Trial, various evidentiary hearings were held regarding items of evidence we were seeking to have suppressed. We won that hearing and the State was precluded from bringing in “other bad acts” evidence against Mr. T. On the third day of trial, the State developed witness problems and they were forced to dismiss their case while in the middle of trial. The jury was then excused and Mr. T has no conviction on his record.

August 11, 2006

August 11, 2006 By dmcantor 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, 79G Manslaughter Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C (DMC No. 6134)

REDUCED | Vehicular Manslaughter and Aggravated Assault Ms. C was accused of traveling 80 miles per hour in a 55 mile per hour zone with barbiturates in her system when an accident occurred taking the lives of two people and injuring three others. We were able to show that there was a faulty drug analysis and were not barbiturates in her system. In addition, by performing an accident reconstruction, along with analyzing the “black box” (data recorder) in her vehicle, we proved that her speed was not 80 miles per hour. After numerous plea negotiations we finally obtained a plea for Negligent Homicide, which involved probation and two years of jail (with work release). Her original exposure was as high as 42 years in prison.

Maricopa County Superior Court No. CR2004-014836

June 27, 2006

June 27, 2006 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 6262)

Mr. C was 18 years old and dating his 16 year old girlfriend. They had gone out to dinner at a fast food restaurant, and Mr. C was pulled over for a Minor Traffic Violation. After the Officer left, Mr. C. sat on the curb because he wasn’t feeling well. His girlfriend went through his phone and saw a text message from another girl and she “flipped out”. She began attacking Mr. C., and Mr. C. tried to calm her down for about 20 minutes before driving her home.

The girlfriend then called Police and claimed that she was assaulted by Mr. C. and was not allowed to leave his vehicle. Mr. C. was ultimately charged with a Class 2 Felony Kidnapping. At Jury Trial, we were able to show that his girlfriend’s story did not match up with what she had originally told Detectives. She had claimed that a friend had come by and witnessed the assault, but could not identify the friend. At the close of all evidence. The Jury was to deliberate regarding the Felony Kidnapping under Arizona Revised Statute ARS 13-1304, as well as the “Lesser Included Offenses” of Felony Attempted Kidnapping and Felony Unlawful Imprisonment under Arizona Revised Statute ARS 13-1303.

After a short deliberation, they returned a verdict of Not Guilty on all 3 charges. If Mr. C had not received a Complete Acquittal, he would have been facing a Potential of over 10 years in Prison.

March 24, 2006

March 24, 2006 By dmcantor 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 15A Vehicular Homicide Victories, 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. Mr. P (DMC No. 6000)

NOT CHARGED | VEHICULAR MANSLAUGHTER – In 2004, Mr. P passed out while behind the wheel of his car, subsequently jumping a curb, striking and killing a 15-year-old boy walking home from high-school. In this high-profile case we were able to show that Mr. P blood sugar-level was at dangerously low levels at the time of the accident. In addition, we demonstrated that he had lost 105 pounds in the previous 120 days on the Atkins diet and that he was not under the influence of an Ambien sleeping pill which he had taken the night before.

Court – Mesa Police Department

December 2, 2005

December 2, 2005 By dmcantor 115 Assault/Violent Crime Pre-Charge 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. Ms. W (DMC No. 4959)

NOT CHARGED | CHILD ABUSE – Ms. W was accused of child abuse by a local day care center after she had dropped her daughter off one morning. Because Ms. W had a previous conviction for child abuse, the police immediately arrested her. We were able to point out that Ms. W had gotten into a dispute with the day care center owner regarding unpaid bills and that a yelling match had ensued the morning that the owner called the police. Not only did Ms. W pass a polygraph, we also presented the Prosecutor with interviews of some of the day care center staff. She was not charged by the Prosecutor or by a Grand Jury.

Court – Maricopa County Superior Court

March 11, 2003

March 11, 2003 By dmcantor 1100 Partial Jury Trial Acquittals, 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 vs. Mr. M (DMC No. 3602)

Not Guilty | (DMC No. 3602) (Maricopa County Superior Court No. CR2002-097294): Mr. M had a history of psychological problems and post traumatic stress disorder. He had previously been convicted of aggravated burglary; aggravated assault with a weapon; and aggravated assault on a police officer in three different jurisdictions. He had spent over 4 years in jail prior to being charged in Arizona. In Arizona, he was undergoing a psychotic episode and had drunk 14 wine coolers. He had gotten into an argument with his girlfriend and caused damage in a motel before moving on to a local convenient store. He then assaulted several patrons at the convenient store when the police arrived. It took three officers to arrest him and haul him with restraints. They claimed he was kicking, biting and spitting at them. He subsequently was charged with felony aggravated assault on a police officer, misdemeanor criminal damage and misdemeanor disorderly conduct. After a 3 day trial, the jury hung on the felony charge, and it was subsequently dismissed. As to the two misdemeanor charges, Mr. M. received minor jail time only. He was originally facing a possible 10 years in prison before we represented him.

May 3, 2001

May 3, 2001 By dmcantor 100J Obstruction/Hindering Operation Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 800 Miscellaneous Crime Victories, Case Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. R (DMC No. 5319)

Mr. R was undergoing Xanax withdrawals when he walked into an Old Chicago restaurant in Mesa, Arizona. Somebody called the Police claiming that Mr. R was acting erratically and when they arrived at the restaurant they saw Mr. R fleeing on foot. He was eventually chased down, thrown to the ground and taken into custody. While he was being arrested, he began to struggle and Officers charged him with Obstructing Governmental Operations under Arizona Revised Statute ARS 13-2402(A)(2) and Disorderly Conduct under Arizona Revised Statute ARS 13-2904.

We were able to provide Prosecutor with evidence that Mr. R was detoxing from Xanax which could cause paranoia. We also presented evidence that he was talking erratically on the night that he was arrested. We then showed them that it’s inappropriate to charge someone with Obstructing a Government Operation under the Statute. The Prosecutor agreed to dismiss all charges against Mr. R. if he would remain law abiding for a short period of time and take some classes to deal with his Xanax addiction issues.

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