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July 6, 2015
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 57-59 Disorderly Conduct / Threats Victories, 58 Disorderly Conduct/Threats Reduced, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 9038)

ATTEMPTED KIDNAPPING and FELONY DISORDERLY CONDUCT REDUCED to ENDANGERMENT (Class 6 Open/Misdemeanor) with PROBATION and 3 MONTHS in JAIL- State v. G (DMC No. 9038) (Maricopa County Superior Court CR2008-149471): Mr. G had been married for approximately 5 years when he and his wife had separated. Earlier in the day he had been texting her telling her that if she was not going to be with him he was going to go “Columbine”. Later on that day, she saw her husband following her in the rear view mirror. He pulled in front of her and grabbed her to pull her out of her vehicle. He also had a gun in his hand and was making threats to shoot her. He was subsequently arrested and charged with Attempted Kidnap and Felony Disorderly Conduct with a Dangerous Weapon (a gun). He was facing a mandatory minimum of a year and a half in prison. We were able to secure an offer to Probation Endangerment with a Class 6 Open/ Misdemeanor and 3 months in jail. After Mr. G successfully completed with Probation, his case was designated as a Misdemeanor. He has no Felony conviction on his record.

July 6, 2015
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76 Misconduct Involving a Weapon Dismissed, 76-78 Misconduct Involving a Weapon Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 9785)

TRANSPORTATION of MARIJUANA for SALE (20 Pounds), TRANSPORTATION of MUSHROOMS for SALE, MISCONDUCT INVOLVING WEAPONS and POSSESSION of DRUG PARAPHERNALIA DISMISSED (with PREJUDICE) DUE to SPEEDY TRIAL RIGHTS VIOLATION- State v. Ms. M (DMC No. 9785) (Maricopa County Superior Court CR2004-014824): Ms. M and her ex husband were both indicted by secret Grand Jury for Possession of Marijuana for sale, Possession of Dangerous Drugs (Mushrooms) for sale, Misconduct in Involving Weapons and Possession of Drug Paraphernalia. They were indicted in 2003, and her husband was arrested and went through multiple court proceedings and was tried. Ms. M was with her husband at trial, had been attending trial, had applied for clearances to work for the Government, and had multiple background checks conducted on her which never revealed an arrest Warrant issued by the Grand Jury. 6 years later, she was arrested and charged for these crimes. We filled Motions on her behalf showing that there was no exception to the “10 day rule” that requires an Arraignment within 10 days of an Indictment being issued, absence specific special circumstances. The judge agreed with us and Dismissed the case With Prejudice for violation of Ms. M’s Speedy Trial Rights.

July 6, 2015
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus 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. Mr. and Ms. S (DMC No. 8279 and, 8280)

MOTION to CORRECT RECORD to REFLECT DISMISSAL of ALL CHARGES (Child Abuse) GRANTED- State v. Mr. and Ms. S (DMC No. 8279 and, 8280) (Maricopa County Superior Court CR2002-094047): Ms. S had entered into a Diversion Dismissal/ Deferred Prosecution Agreement with the state in 2001. She successfully completed probation and the case should have been dismissed. However, the data base showed that the case was either pending or Ms. S had been convicted. We filed a Motion to Clarify Record/ Motion to Dismiss on behalf of Ms. S, and that motion was Granted and all charges were permanently Dismissed regarding Ms. S.

July 6, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. A (DMC No. 8152)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT- State v. Ms. A (DMC No. 8152) Jul. 30, 2008 (Maricopa County Superior Court No. CR2007-008596): Ms. A was brought into an emergency room with an ongoing medical condition. She was on multiple medications and as she was coming back to consciousness, a Nurse began to hold her down in order to take some measurements. Ms. A began flailing and kicked the Nurse in the chest, causing injury. Because the Nurse was a medical professional, and she felt an Assault had occurred, Ms. A was charged with a felony.

At trial we presented medical evidence showing that Ms. A had a neurological condition. We also showed that she goes into seizures which can cause convulsions. This evidence, along with her testimony about her disoriented state, helped provide enough proof that the Judge found Ms. A Not Guilty of all charges.

July 6, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, Pinal County Superior Court Victories

State V. Mr. S (DMC No. 6525)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT – State V. Mr. S (DMC No. 6525) Oct. 18, 2006 (Pinal County Superior Court CR2006-00186): Mr. S was a prison guard at the Florence State Prison who was present when one inmate began assaulting another inmate. This particular inmate was violent and had previous history with mental institutions. As the fight was being broken up, a Lieutenant came in and became very upset. After leg restrains and hand restrains were placed on the inmate, the Lieutenant beat the inmate so badly that he had multiple broken bones and needed reconstructed surgery.

The Lieutenant instructed all of the guards (including Mr. S) to give a false story. He also erased the video tape of what had occurred. Several weeks after the incident, the guards began telling the truth to the Internal Affairs Department. Mr. S was charged, even though he never struck the inmate. After a 2 day Bench Trial, involving numerous witnesses, we were able to show the Judge that Mr. S simply stood by as ordered by his superiors. He never partook in the actual Assault on the Inmate. The judge returned a verdict of Not Guilty on all charges.

July 2, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47G Extortion Victories, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 79J Harassment Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 9286)

EXTORTION NOT CHARGED; NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: HARASSMENT – State v. Mr. S (DMC No. 9286) Jan. 27, 2010 (McDowell Mountain Justice Court JC2009-107805): Mr. S had done some electrical contracting work for a neighbor across the street. The neighbor had not paid him approximately $2,300, and Mr. S went over to speak with the neighbor about it. The neighbor’s house was currently in Escrow to be sold, and Mr. S allegedly stated that if he didn’t get his money he was going to contact the buyer and make sure that “the sale did not go through”. Initially Detectives were investigating Mr. S for a Theft by Extortion charge, however the prosecutor’s office declined to file those charges. They did, however file a charge of Harassment. We went to Bench Trial and presented all evidence and cross examined the state’s witnesses. After the state had finished their case and then rested, we moved for a “Directed Verdict” judgement, and the Judge agreed. The case was Dismissed on the spot at that point.

July 2, 2015
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 8081)

TERRORISM; AGGRAVATED ASSAULT DANGEROUS (with a knife); KIDNAPPING and MISCONDUCT with WEAPON (gun) all REDUCED to AGGRAVATED ASSAULT (Non Dangerous) and KIDNAPPING with 2.5 YEARS in PRISON – State v. Mr. C (DMC No. 8081) (Maricopa County Superior Court CR2007-030014): This was a high profile case in which the domestic terrorism statute was used for the first time. The Maricopa County Attorney at the time – Andrew Thomas (who is now disbarred) used this charged to gain national media attention. We handled the case, and it was featured on ABC’s Good Morning America.

Mr. C was a high school student who had been going through various depressive episodes and was on medication. One day while walking to school, he grabbed a girl from his class and held a knife to her throat and made threats. He then let her go and went home. When police arrived at his house, he was sitting in his house playing video games and he had a back pack next to him which had a gun.  He had told officers how he had been bullied and how he wanted to go to school and shoot everyone. Andrew Thomas then saw his opportunity to charge this as a Terrorism case against a 15 year old boy. Because Mr. C had committed an Aggravated Assault with a dangerous weapon, he was facing a mandatory minimum of 5 to 15 years in prison on that charge alone. The Kidnapping charge carried additional potential prison. Through numerous Settlement Conferences in which we presented evidence of Mr. C’s psychological state, and with added pressure from the citizens of Arizona, Andrew Thomas lowered his offer from 7.5 years in prison to 2.5 years in prison. With good behavior, Mr. C was out after 23 months. This case is a classic example of how a power hungry prosecutor can misuse the law for his own purposes to further his political career. In the end, Andrew Thomas was disbarred for other instances of his Abuse of Power.

May 4, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor 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. S (DMC No. 8385)

2 COUNTS of CHILD MOLESTATION (DCAC) and 1 COUNT CHILD ABUSE NOT CHARGED– State v. Ms. M (DMC No. 8385) (Surprise Police Department Investigated): Mr. M had gone through a divorce and had joint custody of his son and two daughters. He was in the United States Air Force and was a strict disciplinarian. Police received a call at the hospital that his daughter was there with a burn on her chin which she had claimed that her father had given her from a hot marshmallow stick. Once police began questioning her, she also stated that she and her sister had been molested by Mr. M. We were able to show Detectives that Mr. M’s ex wife was now dating a man, and she and all of the children wished to move to California. However, Mr. M was holding up that process. Because of these allegations, they would now be able to move and would not have to be restricted to the state of Arizona. We also had Mr. M take and pass a polygraph test. The Detective was convinced that these allegations were manufactured, and no charges were brought against Mr. M. Unfortunately, the Family Law Court still allowed Mr. M’s ex wife to move the children out of state, and restricted Mr. M to supervised visits only.

 

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, 86C Use of a Wire Communication on a Drug Transaction Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. N (DMC No. 8333)

RICO/ILLEGAL CONTROL of an ENTERPRISE; MONEY LAUNDERING, CONSPIRACY, MISCONDUCT INVOLVING WEAPONS, USE of an ELECTRONIC COMMUNICATION DEVICE in a DRUG TRANSACTION, POSSESSION of MARIJUANA for SALE and POSSESSION of DRUG PARAPHERNALIA: ALL REDUCED to MISDEMEANOR HINDERING a PROSECUTION and MISDEMEANOR USE of a WIRE DEVICE to HINDER PROSECUTION with PROBATION and 8 DAYS in JAIL – State v. Ms. N (DMC No. 8333) (Maricopa County Superior Court CR 2007-007124): Ms. A. lived in a house that was occupied at various times by 7 other co-defendants. She owned the house, and inside of this house there was a large amount of Marijuana and guns. Police obtained a warrant in which they Wire Tapped all of the co-defendants, and then showed up with a physical search warrant. The Police recorded some co-defendants asking Ms. N to “lie to the Police” about who actually was using the residence. Ultimately, a 24 Count Indictment was issued by a Grand Jury Indicting all 7 co-defendants. We were able to demonstrate to the Prosecution that Ms. N. was the least culpable of all of the co-defendants. We eventually secured an offer 2 Misdemeanors which included Probation and 4 weekends of Jail. Originally, Ms. N. had been facing the prospect of over 10 years in Prison.

 

January 26, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Coconino County Superior Court Victories

State v. Mr. R. (DMC No. 8086)

REDUCED | 3 COUNTS of SEXUAL ASSAULT; 3 COUNTS of KIDNAPPING; 7 COUNTS of SEXUAL ABUSE; 2 COUNTS of ATTEMPTED SEX ABUSE and 1 COUNT of ATTEMPTED KIDNAPPING REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. R. (DMC No. 8086) (Coconino County Superior Court CR2007-0480): Mr. R. was a high level fire fighter in Flagstaff, Arizona who was accused of sexually assaulting his sister in law. His sister in law had been going through psychological counseling and had a “breakthrough” regarding “finding the strength to come forward”. She reported to Detectives that she had been groped, held and sexually assaulted multiple times since 1986 by her brother in law (a period spanning some 20 plus years). When Mr. R. was questioned by Detectives he admitted that he had a relationship of a sexual nature with her for some time, but stated it was fleeting in nature.

He was subsequently charged with 3 Counts of Sexual Assault (ARS 13-1406), 3 Counts of Kidnapping (ARS 13-1304), 7 Counts of Sexual Abuse (ARS 13-1404), 2 Counts of Attempted Sexual Abuse (ARS 13-1001 and 13-1404), and 1 Count of Attempted Kidnapping (ARS 13-1001 and 13-1304). Through extensive interviews with various family and community members, we were able to show that this had appeared to be a somewhat flirtatious and consensual relationship. However, due to the alleged “victims” statements, Mr. R. agreed to accept a plea that involved Probation and zero days in jail. If he were to have gone to trial and lost he could have easily spent his life in prison. Because he did admit that his advances may have been unwanted he agreed to accept the plea.

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