NOT CHARGED | ENDANGERMENT/ASSAULT and POSSESSION of MARIJUANA – State v. Mr. M. (DMC No. 1210) (West Mesa Justice Court A426477): Mr. M. pulled up to a convenience store when another vehicle pulled up and the driver “flipped him off”. He ran up to speak to the driver, and as he did so he turned his hip to reveal a gun on a holster. The other driver apologized and Mr. M. went into the store. Ten minutes later police showed up and arrested him. They claim they found marijuana in his possession, and charged him with endangerment, assault, and possession of marijuana. Because Mr. M. had invoked his right to remain silent, along with our explanation to the Prosecutor that he never threatened the use of his weapon (or made threats in any way), and no charges were filed against Mr. M.
NOT CHARGED | MISCONDUCT with WEAPON (prohibited possessor)/POSSESSION of DANGEROUS DRUGS and MARIJUANA NOT CHARGED – State v. Mr. M. (DMC No. 5699) (White Tank Justice Court TR05-00443): Mr. M. was observed driving in a truck on State Route 101, when he drifted into the “Gore Point”. The officer pulled him over, discovered several passengers in the car with Mr. M. Mr. M. was subsequently arrested for extreme DUI and produced a .230 BAC. Inside of the truck, a gun was found under the seat along with marijuana and anabolic steroids. Mr. M. invoked his right to remain silent. We were able to convince the Prosecutor that the gun, marijuana and steroids could have belonged to any of the people in the vehicle. They agreed to not press those charges, and eventually allowed Mr. M. to plead to only an extreme DUI with just 10 days in jail. Mr. M. would have been facing 3 to 6 years in prison for being a “prohibited possessor” if he were charged and convicted.
NOT CHARGED | POSSESSION of MARIJUANA/POSSESSION of DRUG PARAPHERNALIA and FALSE REPORTING NOT CHARGED – State v. Ms. J. (DMC No. 6784) (Maricopa County Juvenile Court O6-000010776): Ms. J. was with her friend at a AM/PM, when an officer made contact with them. Her and her friend appeared to have been drinking, and both stated they were 16 years of age. In reality, they were 14 years old and had been drinking and smoking marijuana. We were able to intercept the case at the juvenile court level, and have the case diverted from prosecution pursuant to diversion classes. No charges were ever brought against Ms. J.
NOT CHARGED | DUI (.083 BAC) / POSSESSION OF MARIJUANA and DRUG PARAPHERNALIA NOT CHARGED – State v. Mr. L. (DMC No. 9825) (DPS Investigated): Mr. L. was pulled over at the US 60 & Greenfield Road by DPS Officers for allegedly weaving. He stated he was weaving due to being distracted by his female passenger. He ultimately was given a portable breath test which revealed a .083 BAC, and he was taken to the jail where he requested to speak with an attorney. After finally speaking with an attorney, blood was drawn after 2 hours of driving. In addition, a bag of marijuana was found in his vehicle along with a pipe. Due to issues of the blood being drawn outside of 2 hours, along with a questionable a stop, we were able to prevent charges from being filed.
NOT CHARGED/DISMISSED | POSSESSION OF MARIJUANA NOT CHARGED DUI/DRUGS (Marijuana, .080 BAC) DISMISSED – State v. Ms. G. (DMC No. 10743) (West Mesa Justice Court/Salt River Indian Reservation DR2009-34939): Ms. G. was pulled over on Indian School Road & north Pima Road on the Indian Reservation. She’s accused of having an unilluminated license plate. A subsequent blood test revealed a .080 blood alcohol content and have metabolite of marijuana. The officer also claimed he found a small amount of marijuana in the car. Due to various discovery, issues along with a potential Miranda rights violation, all charges were dismissed regarding the DUI drugs and driving and the possession of marijuana was not charged.
NOT CHARGED | DUI DRUGS (Marijuana)/POSSESSION OF MARIJUANA and DRUG PARAPHERNALIA NOT CHARGED – State v. Ms. B. (DMC No. 10180) (Mesa Police Department investigated): Ms. B. was pulled over on Arizona Avenue & the US 60 for travelling at a high rate of speed. The officer stated he could smell marijuana. She was given various field sobriety tests, and then arrested. A small pill bottle containing marijuana was found in her vehicle. Due to various issues regarding the stop, along with a potentially invalid search, no charges were filed.
NOT CHARGED | POSSESSION OF MARIJUANA & POSSESSION OF DRUG PARAPHERNALIA – State v. Mr. C. (DMC No. 9840) (Chandler Police Department): Mr. C. was driving with some friends on Chandler Blvd., when they were stopped for a minor traffic violation. The officer smelled Marijuana and found some pot, along with a pipe. We were able to negotiate a cooperation deal with the Detective, in which in exchange for information no charges were ever brought against Mr. C. He has no conviction on his record.
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NOT CHARGED | POSSESSION OF MARIJUANA & POSSESSION OF DRUG PARAPHERNALIA, State v. Mr. V. (DMC No. 9808): Mr. V. was parked outside the Scottsdale Airport watching planes taking off and land. Federal Police came up and claimed that they smelled Marijuana. They then searched his car and then found some Marijuana, along with a pipe. Mr. V invoked his Right to Remain Silent, and was arrested and taken to the station, where he was later released. We were able to show the Prosecution that the search may have been illegal, along with issues regarding Right to Counsel. Ultimately, they chose to not file any charges.
If you have pending drug charges and would like an Arizona Criminal Defense Attorney to look over your case, call our office at (602) 307-0808 for a free consultation.
NOT CHARGED | POSSESSION OF COCAINE – State v. Mr. R. (Maricopa County) (DMC No. 2078): Mr. R. was pulled over for a minor traffic violation and the officer asked to search his person. When he patted him down (looking for weapons), he found an envelope which contained cocaine. Because the search exceeded the standard Terry search, we were able to suppress the cocaine and convinced the Maricopa County Attorney’s Office that no charges should be brought against Mr. R.
NOT CHARGED/REDUCED | POSSESSION OF DANGEROUS DRUGS NOT CHARGED DUI/DRUGS (Meth) REDUCED to DUI alcohol – State v. Mr. L. (DMC No. 4965) (Phoenix City Court 3154717): Mr. L. was stopped at Indian School Road & 19th Avenue for having an improper tag on his license plate. He subsequently was removed from the car and refused to do field sobriety tests or give a blood or breath test. While he was at the police station his wallet was searched and methamphetamine was found inside. He ultimately tried to leave a message for a lawyer, but nobody called him back. When blood was ultimately drawn, it revealed a .094 blood alcohol content and the presence of methamphetamine. Due to potential denial of right to counsel and stop issues, we were able to have the DUI drugs charged dismissed in exchange for a DUI alcohol, charge thereby sparing Mr. L. the 1 year license suspension.