January 14, 2014

January 14, 2014 By dmcantor 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, North Mesa Justice Court Victories

State v. Ms. G (DMC No. 6160)

PARTIAL AQUITTAL at BENCH TRIAL | DISORDERLY CONDUCT – State v. Ms. G. (DMC No. 6160) (North Mesa Justice Court JC2006117168): Ms. G. was on a bus with some friend’s when an argument broke out with another group of teenager’s. She had been drinking prior to this. She was charged with underage drinking, assault and disorderly conduct. At Bench Trial, the Judge found her not guilty of the disorderly conduct, due to the fact that she was not the one responsible for starting the initial fighting.

January 14, 2014

January 14, 2014 By dmcantor 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, Justice Court Victories, University Lakes Justice Court Victories

State v. Mr. H (DMC No. 4273)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | DISORDERLY CONDUCT – State v. Mr. H. (DMC No. 4273) (University Lakes Justice Court CR03-01408): Mr. H. went into the Gilbert City Mayor’s Office in order to lodge a complaint. He was talking very loudly and he had a gun in a holster on his hip. He demanded to see the Mayor and said if he didn’t see him immediately “something is going to happen”, and he turned his hip which displayed the gun. At trial, we showed that he never touched the gun, handled the gun, or insinuated he was going to use a gun, and the Judge found him not guilty of all charges.

November 27, 2012

November 27, 2012 By dmcantor 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State vs. Ms. K (DMC No. 9737)

State vs. Ms. K. (DMC No. 9737) (Scottsdale City Court No. CR2010-024501): Ms. K. was in an argument with her husband when she threw a washcloth used to bathe the baby at him. Her husband became angry and then shoved her out the door and threw her down to the ground. She struck a table and was knocked unconscious. The maid then came in and saw her injuries and called the police. Ms. K. was taken to the hospital and she told the police her story. When the police interviewed Mr. K., he stated he only pushed his wife after she slapped him with a wet towel across the face. The officer chose to believe Mr. K.’s story, and charged Ms. K. We were able to show through crime scene photos that there were numerous marks on Ms. K’s body and that her story was accurate. The prosecutor agreed and dismissed all charges.

January 17, 2012

January 17, 2012 By dmcantor 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. H (DMC No. 9801)

DISMISSED – Disorderly Conduct- State v. Mr. H. (DMC No. 9801) (Tempe City Court No. 2010-035486): Mr. H. was at the Big Bang Bar in Tempe when he got into an argument with some bouncers. Police walked up and claimed that Mr. H walked at them aggressively. They then took him to the ground and he was arrested for disorderly conduct. We were able to show that this was all a misunderstanding fueled by alcohol, and that the case should be dismissed upon completion of some alcohol classes. Because Mr. H was a U.S. Airways employee, this result saved his job.

December 19, 2011

December 19, 2011 By dmcantor 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Surprise City Court Victories

State v. Mr. C (DMC No.7238)

DISMISSED – Disorderly Conduct, State v. Mr. C. (DMC No.7238) (Surprise Municipal Court No. CR07-00026): Mr. C. had come home from a fishing trip and had said hello to his neighbor. He had had previous police contacts at his house before. The neighbor would not acknowledge him, and Mr. C. became upset and began yelling, “Are you too good to say hi to me?” The yelling continued and his neighbor then called the police. Although Mr. C. was charged with Disorderly Conduct, we were able to show the prosecutor that this was not truly disorderly behavior and that his speech was protected by the First Amendment. The prosecutor agreed and all charges were dismissed.

December 19, 2011

State v. Mr. H (DMC No.7301)

DISMISSED – Disorderly Conduct, State v. Mr. H. (DMC No.7301) (Surprise Municipal Court No. CR07-00386): Some neighbors had called regarding Mr. H. riding around on a recreational vehicle in a reckless manner up and down the neighborhood streets. When police arrived, they saw Mr. H. arguing with his neighbor. Mr. H. then walked to the back yard and began punching a shed and then arcadia door with his bare fist. His knuckles were bleeding and he appeared to be intoxicated. He was subsequently arrested and charged with Disorderly Conduct. We were able to convince the prosecutor that a person cannot be disorderly in their own backyard with their own property without other neighbor’s peace and quiet being disturbed. The State agreed and all charges were dismissed.

November 17, 2011

November 17, 2011 By dmcantor 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, Kyrene Justice Court Victories

State v. Mr. V (DMC No. 7106)

(Kyrene Justice Court No. JC2006131746): Mr. V. was at Axis / Radius nightclub in Scottsdale when a fight broke out. As all parties were being escorted from the club, police claim that Mr. V. was seen shouting profanities and attempting to push his way towards others involved in the fight. He eventually used profanity towards the officers, and he was shot six to eight times with a pepper ball gun by police. He was then taken to the ground and handcuffed. We were able to show the prosecutor that Mr. V. was actually trying to protect his brother, who had been beaten up by other patrons, and he was acting reasonably in the situation. We also questioned the officers’ version of the facts. The prosecutor then dismissed all charges.

November 17, 2011

November 17, 2011 By dmcantor 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, University Lakes Justice Court Victories

State v. Ms. R (DMC No. 7068)

(University Lakes Justice Court No. JC2006161187): Ms. R. was a student at ASU. She had gotten into an argument with her dorm roommate, who claimed that Ms. R. was threatening her without specifically stating she would do physical violence. The case was set to bench trial, and on the day of trial the State had not subpoenaed their necessary witnesses. The State attempted to continue the case, and we objected. When the State moved to dismiss so they could merely re-file the case on a later date, we asked the judge to dismiss the case “with prejudice.” That motion was granted. The State then moved for a motion to reconsider and they were denied. Ms. R. was facing a possibility of up to six months in jail.

August 29, 2011

August 29, 2011 By dmcantor 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 95 Trespass Victories, 97 Property Crime Jury / Bench Trial Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. L (DMC No.’s 10123 & 10124)

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.

June 29, 2011

June 29, 2011 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, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 97 Property Crime Jury / Bench Trial Victories, Apache Junction Justice Court Victories, Case Victories

State v. Mr. B (DMC No. 10031)

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.

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