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Category Archives: 2000 Juvenile Court Victories

State v. Mr. S (DMC NO. 14464) – Juvenile Felony Sexual Conduct with a Minor – Dismissed Pre-Adjudication, with Prejudice – Maricopa County Superior Court, Juvenile Division (Case No. JV601278).

Mr. L was a 17-year old boy enrolled at Queen Creek High School who was dating a 15-year old girl. While traveling home on the school bus, she had oral sex with him. Approximately, 3 months later, after they had broken up, she made an allegation that she was forced to do this. In the past, this girl had accused two other boys and had them both arrested for sexual acts. Mr. L. was ultimately taken into custody and arrested for Sexual Assault.

We became involved in the case and we were able to show that this girl was suicidal, bi-polar and had behavioral disorders. In addition, she was dating a new boyfriend who pushed the agenda to have Mr. L charged with a crime. We also presented evidence to the Prosecutor that Mr. L was on an IEP (Individualized Developmental Program) and was developmentally delayed.

The Juvenile Prosecutor informed us that she was going to instead charge Mr. L with Sexual Conduct with a Minor instead of Sexual Assault. We got her to agree that if Mr. L. did some classes prior to the first court date, she would Dismiss the case with prejudice in a “Pre-Adjudication” status. Mr. L did all the counseling that was required of him through the Banner Health System. When we arrived at court, the case was Dismissed with prejudice. Mr. L then turned 18 and he has no criminal record whatsoever.  Originally, he was facing prison time up until his 18th birthday, or potentially being charged as an adult, which would expose him to well over a decade of prison time.

JUVENILE FELONY INTERFERING with an EDUCATIONAL INSTITUTION REDUCED to MISDEMEANOR THREATS with ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 8456) (Maricopa County Juvenile Court No. JV175079): Mr. S. had gone with his father to Cabela’s Sporting Goods to look at some different types of camping and hunting gear. When he returned to Millennium High School the next day, he discussed his trip to the sporting goods store with some other students. One of the students claimed that Mr. S stated he was going to shoot his teacher on September 11. When Mr. S was at school on September 11, he was arrested by Police. He was charged with a Felony for Interfering with an Educational Institution under Arizona Revised Statute ARS 13-2911(A)(1).

We had Mr. S submit to a polygraph in order to determine whether he had actually threatened to shoot his teacher. He stated he had not, and he passed the polygraph. However, several students still claimed that they had heard him make his threats. We ultimately convinced the Prosecutor to drop the case to a simple misdemeanor “Threats” charge with zero days in Jail.

POSSESSION of MARIJUANA for SALE (15 SEPARATE BAGGIES) REDUCED to PROBATION with ZERO DAYS in JAIL– State v. Mr. A (DMC No. 6916) (Maricopa County Juvenile Court No. JV544394): Police were called to a Circle K regarding 2 suspicious vehicles that were in the parking lot. When Police arrived, they walked up to Mr. A’s vehicle and smelled the odor of burnt Marijuana. They ultimately spotted a pipe on the floors, ordered everyone out of the car and conducted a search. 15 separate baggies of Marijuana, a ledger, and scales were found. Mr. A was charged with Possession of Marijuana for sale, a class 4 Felony. He was also charged with Misconduct Involving Weapons and Under Aged Consumption. Although Prosecutors originally wanted to put Mr. A in jail, we were able to convince the judge to include no time in jail is part of Mr. A’s Supervised Probation. Because the case was kept in Juvenile Court, Once Mr. A turned 18 there was no conviction on his record.

ARSON, RECKLESS BURNING and CRIMINAL DAMAGE DISMISSED – State v. Mr. T (DMC No. 7572) (Maricopa County Juvenile Court JV-857561): Mr. T was a 15 year old boy who had previously been charged with Arson, but after completing safety classes the charges were dismissed. On the newest incident, police were called to his home when a fire had started in his bedroom. He was also questioned and made partial admissions to two vehicles being lit on fire in the neighborhood. He ultimately admitted that he had a problem with fire, and he was charged in the Juvenile Court system. Because there were issues with his questioning without his parents being present and not being read his Juvenile Miranda Rights, we were able to negotiate a Diversion Dismissal Agreement which allowed Mr. T to do Probation while he was taking classes and receiving counseling. Ultimately, he successfully completed counseling and he has no convictions on his record.

REDUCED | 5 COUNTS of SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY (DCAC) REDUCED to ATTEMPT with PROBATION and 30 DAYS of DEFERRED JAIL – State v. Mr. K. (DMC No. 9758) (Maricopa County Juvenile Court JV181379): Mr. K. was a 16 year old high school student who had opened a “Lime Wire” account in order to download music and videos. City of Phoenix Police Department Detective’s ran a search and found that somebody at Mr. K.’s address had downloaded child pornography on 4 to 5 different occasions. After securing a search warrant, the SWAT team entered Mr. K.’s house with guns drawn and handcuffed and arrested everybody in the household. Originally, the Detectives had focused on Mr. K.’s father, but then they turned their attention on Mr. K.’s computer which was in his bedroom. Eventually a search was conducted on the computer which revealed numerous items of child pornography.

Mr. K. was subsequently charged with 5 counts of Sexual Exploitation of a Minor a Dangerous Crimes Against Children (DCAC) pursuant to ARS Section 13-3553. This is also known as “Child Pornography”. He was facing a mandatory minimum of 50 years in jail should he have been transferred to Adult Court. We became involved and we were able to convince the Deputy Maricopa County Attorney to keep the case in Juvenile Court. Ultimately we secured a plea to “Attempt” which included Probation and 30 days of deferred jail. Because he successfully completed his court ordered treatment, he did not have to serve that jail time. In addition, he did not have to register as a Sex Offender and he was released from probation and his case was finalized when he turned 18. He now has a clean adult record. Originally he was facing a minimum of 50 years in prison and a maximum of 115 years in prison.

REDUCED | CHILD MOLESTATION REDUCED to INDECENT EXPOSURE Class 6 Open/Misdemeanor with PROBATION and 45 DAYS of DEFERRED JAIL – State v. Mr. R. (DMC No. 9156) (Maricopa County Juvenile Court JV549236): Mr. R. was an 11 year old juvenile who was accused of having his 4 year old cousin touch is private parts. When he was confronted by his Aunt, he said he only did this because somebody had been touching him at school. After an investigation at the school, they recontacted Mr. R. and he admitted that he made up the story about the school because he was embarrassed about having his cousin touch him. He ultimately was charged in juvenile court with Child Molestation, pursuant to ARS 13-1410. We were able to have him tested by a Psychologist for both competency and for whether he was a risk to reoffend. This was done through a Psychosexual Risk Evaluation. We ultimately secured an offer to a juvenile charge of Indecent Exposure, which became a Misdemeanor upon successful completion of Probation. Also, no conviction appeared on his record once Mr. R. turned 18 years of age. He could have potentially been charged into Adult Court, or forced to register as a sex offender up until the age of 25 by the Juvenile Court. Mr. R. is now leading a productive life as an adult.

CONVICTION SET ASIDE | CONSPIRACY to MANUFACTURE DANGEROUS DRUGS – State v. Ms. S. (DMC No. 7590) (Maricopa County Superior Court CR1998-012055): When Ms. S. was a young woman, she became involved in a group which was manufacturing methamphetamine.  She was subsequently convicted and sent to prison.  While in prison she completed numerous courses to improve her living conditions.  Once she was out of prison, she received a degree as a Medical Assistant and had also received her certification as a Phlebotomy Technician.  She was now working in the medical community and her prior conviction was preventing her from being promoted.  We filed the appropriate paperwork with the court, and convinced them to set aside the judgment of guilt regarding Ms. S.   She now has no convictions on her record.

CONVICTION SET ASIDE | ATTEMPTED SEXUAL EXPLOITATION of a MINOR and CHILD PORNOGRAPHY – State v. Mr. H. (DMC No. 7890) (Maricopa County Juvenile Court JV544956-F858852): Approximately 1 month before Mr. H.’s 17th birthday he downloaded images of child pornography on his computer.  He was subsequently put into counseling and placed on probation.  On his 18th birthday, he was released from probation.  However, due to the nature of the charges his conviction was still appearing on his permanent record, and it was affecting his ability to go to school and maintain employment.  We had a Psychosexual Risk Evaluation performed on Mr. H., which showed him to be of no danger to society.  Once the appropriate paperwork was filed with the Maricopa County Juvenile Court, the judgment of guilt regarding Mr. H. was set aside.  He had no criminal convictions on his record.

 

REDUCED | SEXUAL CONDUCT with a MINOR REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. T. (DMC No. 7511) (Maricopa County Juvenile Court JV545657): Mr. T. was 12 years old and was accused of having sex with his 9 year old half sister.  Both were Hispanic and evidence of prior molest trauma was evident as to Mr. P.  We were able to convince the Prosecutors to merely leave the case in the juvenile system, place Mr. P. on probation with intensive counseling and no jail.  Originally, the Maricopa County Attorney’s Office was seeking prison time.

 

NOT CHARGED | AGGRAVATED ASSAULT with BRASS KNUCKLES (dangerous) – State v. Mr. G. (DMC No. 6701) (Mesa Police Department DR2005-2380646): Mr. G. and a group of other juvenile’s were in a car when they allegedly confronted another car and a mass fight broke out. Mr. G. was accused of striking a male in the back of the head with brass knuckles. He later needed to go to the hospital and received stitches. We were able to show that some of the witnesses identified the person with the brass knuckles as a Hispanic male, as whereas Mr. G. was white. We were able to convince the Prosecution to not file charges. Mr. G. could have been facing 5 to 15 years in prison.

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