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January 2, 2016
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, 86D Acquisition of a Narcotic Drug Victories, Case Victories, San Tan Justice Court Victories

State v. Ms. W (DMC No. 9176)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL| ATTEMPTED ACQUISITION of PRESCRIPTION DRUGS – State v. Ms. W (DMC No. 9176) (San Tan Justice Court JC2009-105189): Ms. W had taken medications for seizures. Medications included Tramadol, Alprazolam, Ambien, in addition to her anti-seizure medication. She had taken Ambien and had then gone to the pharmacy in order to refill her prescription. The pharmacist described her as acting like a “zombie”. When the Police were called out, they found that she was attempting to fill her prescriptions too early. They then cited her with Attempted Acquisition of Prescription Drugs Per Arizona Revised Statute ARS 13-3406(A)(6).

We set the case to Bench Trial, and presented evidence of numerous witnesses that it appeared that Ms. W was in fact sleep walking while under the influence of Ambien. One of the witnesses was a Registered Nurse who also was employed at one of the local hospitals. After all evidence was presented to the Judge, he found her Not Guilty of All Charges.

September 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, Case Victories

State v. Mr. S (DMC No. 9119)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL: POSSESSION of DRUG PARAPHERNALIA – State v. Mr. S (DMC No. 9119) (Phoenix City Court No.4000922): Mr. S was with a group of other teenagers in the parking lot of a city park located at 23rd Street and Kristy Drive in Phoenix, Arizona. It was just after 10 o’clock when Officers pulled into the parking lot and shined a spotlight on Mr. S vehicle. They then came up and had everyone exit the vehicle because the park had closed and they were “trespassing”. Subsequently, a bottle of Vodka and a Marijuana bong were found in the car. Mr. S was cited for Possession of Drug Paraphernalia. At Bench Trial, we argued to the Judge that there were multiple people who could have had access or actually possessed the bong. In addition, the Police did not conduct Fingerprint Analysis of the bong. Lastly, we argued that Mr. S never admitted that the bong was his, even though Police said differently. The Judge agreed with us and found Mr. S Not Guilty of all charges.

November 5, 2007
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 7529)

Mr. C was a passenger in a vehicle that was pulled over for making a minor traffic violation. The Officer then asked the driver and the passenger if there were any drugs in the car. Both denied that there were. The Officer then asked them if they would consent to the search of themselves and the vehicle. Both said that they would consent.

Although no drugs were found on Mr. C , there was some methamphetamine and a glass pipe found underneath the passenger seat. Mr. C was then arrested and charged with Felony Possession of Dangerous Drugs (Meth) under Arizona Revised Statute ARS 13-3407. He was also charged with Felony Possession of Drug Paraphernalia (the pipe) under Arizona Revised Statute ARS 13-3415.

After our drug crime law firm was hired, the driver of the vehicle admitted that all of the drugs and the pipes were his. During the Preliminary Hearing, the driver invoked the 5th and would not testify on Mr. C’s behalf.  Later, at Jury Trial, the same thing occurred. Mr. C. testified that the driver was the one that actually possessed the drugs and hid them behind his seat. The Jury found that Mr. C. was truthful and, combined with the fact that the driver invoked the 5th, they came back with a verdict of Not Guilty on all charges as to Mr. C.

August 26, 2005
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 5566)

Mr. T was seen by a Mesa Police Officer near 6th Street and Standage, possibly sleeping in his vehicle. The Officer ran a license plate check, and because the car came back as belonging to a female owner, he went back in order to make contact with Mr. T. Mr. T drove away as the Officer was pulling up, and he was then pulled over by the Officer. Because he provided a false identification, and his real name revealed that Mr. T had 2 prior Felony Convictions, he was removed from the car, arrested and searched.

2 baggies of methamphetamine, along with some drug paraphernalia were found on Mr. T. He was then charged with Felony Possession of Dangerous Drugs (Methamphetamine) under Arizona Revised Statute ARS 13-3407. Because of his 2 prior convictions, he was facing a possible 15 years in Prison if convicted.

At Trial, we were able to show that the methamphetamine was actually not in his possession, but was in a fanny pack next to Mr. T. Mr. T had told the Police that the fanny pack did not belong to him, but belonged to a person named “Matt” who was a friend of his girlfriend. Because the Police had not fingerprinted the fanny pack or baggies, the Jury found reasonable doubt and returned a verdict of Not Guilty on all charges.

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