August 25, 2012

August 25, 2012 By dmcantor 600 Drug Crimes Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Ms. H (DMC No. 8184)

DISMISSED | POSSESSION of DRUG PARAPHERNALIA DISMISSED after EVIDENTIARY HEARING for UNREASONABLE STOP ISSUE – State v. Ms. H. (DMC No. 8184) (Mesa City Court 2007-044646): Police received a tip that people were supposedly buying and selling drugs behind a structure located at 240 W. Baseline Road in Mesa. Upon arrival, they walked up to Miss H.’s car and stopped her. They got her out of the car and did a “warrants check” (in which there were none). They then searched the car and her purse without her permission, and claimed to have found methamphetamine. We filed a Motion based upon No Reasonable Suspicion to Stop and the entire case was dismissed.

August 16, 2012

August 16, 2012 By dmcantor 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. S (DMC No. 4543)

PROBATION MODIFIED FROM SUPERVISED TO UNSUPERVISED WITH PERMISSION TO LEAVE ARIZONA GRANTED/RESISTING ARREST – State v. Ms. S. (DMC No. 4543) (Maricopa County Superior Court CR2004-014533): Ms. S. was pulled over for a DUI and she physically resisted arrest with two officers. She was convicted and placed on “supervised” probation. We then became involved in the case, we were able to convince the court to change her probation to “unsupervised”, which allowed her to move to Oregon.

August 2, 2012

August 2, 2012 By dmcantor 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. L. (DMC No. 8429)

Mr. L. was a student at Arizona State University who was with his roommate inside of the Big Bang Bar. When his roommate was confronted by the Manager, he was found to have a fake ID. Police were then called and Mr. L admitted that he gave his ID to his roommate so he could get into the bar. He was then cited with Unlawful Use of a Driver’s License under Arizona Revised Statute ARS 28-3478(2). We were able to convince the Prosecutor to dismiss the charge in exchange for Mr. L completing several alcohol awareness classes.

July 16, 2012

July 16, 2012 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. D. (DMC No. 10767)

Not Guilty / Complete Acquittal Aggravated DUI (.308 BAC) Arizona – State v. Mr. D. (DMC No. 10767) (Maricopa County Superior Court No. CR2011-153504): Mr. D was passed out in the driver’s seat of his car, with the engine running and the driver’s door open in the parking lot of a convenience store. A passerby woke him up and said that he needed to take the keys out of the ignition or he would call police. Mr. D got out of the car, then got back in the car, and started the car twice over the next 20 minutes. When police arrived they noticed watery, bloodshot eyes and a strong odor of alcohol. Mr. D was unable to hand his identification card to the officer and stated that his license was suspended. He refused to do the field sobriety tests and was taken to the DUI van to have his blood drawn. Mr. D’s BAC was a 0.304, nearly 4 times the legal limit.

Mr. D was facing no less than 10 years in prison on this charge. He was also on probation for two other cases. If convicted at trial, his probation would have been revoked and he would have been sentenced to an additional 1 to 7.5 years in prison. At trial we argued that Mr. D sitting in the vehicle did not rise to the level of actual physical control because he posed no danger to himself or others. The jury acquitted Mr. D on all charges.

June 27, 2012

June 27, 2012 By dmcantor 100N Urinating in Public Victories, 800 Miscellaneous Crime Victories, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State vs. Mr. B. (DMC No. 10033)

DISMISSED | URINATING IN PUBLIC – State vs. Mr. B. (DMC No. 10033) (Tempe City Court No. 11-010740): Mr. B. was out partying with friends on Mill Ave., when he became extremely intoxicated. He ended up urinating around the side of the building when he was spotted by a Tempe officer on a bicycle. He was ultimately cited for Urinating in Public. Because he had no prior convictions, and agreed to perform 5 hours of community service, all charges were dismissed. If he were convicted, it would have had a significant impact on his ability to go to graduate school and get a job.

May 16, 2012

May 16, 2012 By dmcantor 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 4499)

GRANTED | EARLY RELEASE FROM CUSTODY AND PROBATION MODIFICATION GRANTED/AGGRAVATED DUI – State v. Mr. D. (DMC No. 4499) (Maricopa County Superior Court CR2003-037795): Mr. D. had been convicted of an Aggravated DUI, and was sentenced to jail time. While in custody, he completed the “Alpha Program”, successfully. We petitioned the court to release him early from custody into a halfway house, and the court agreed, thereby modifying his sentence.

May 14, 2012

May 14, 2012 By dmcantor 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 700 Property Crime 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. W (DMC No. 4759)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | TRESSPASS – State v. Mr. W. (DMC No. 4759) (Mesa City Court 2004022660): Two gentlemen were playing videos games when one gentleman went to the bathroom and noticed a bathroom window was now ajar. Both men ran outside, and saw a white male running away from the location. They then saw a vehicle leaving rapidly, and they followed it and called 911. Mr. W. was pulled over and denied being anywhere near their house, nor going through the window. At trial we were able to show that the fingerprints on the window did not match Mr. W., and the fact that he had a prior burglary conviction should not be taken into evidence. The Judge found him not guilty of all charges.

May 4, 2012

May 4, 2012 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories, San Tan Justice Court Victories

State v. Mr. B (DMC No. 10544)

Not Guilty / Complete Acquittal / DUI & DWI (.107 BAC) – State v. Mr. B. (San Tan Justice Court No. TR-2011-146484): Mr. B. had been drinking at the Salt River and was stopped by the highway patrol. The officer noted signs and symptoms of impairment and a DUI investigation ensued. Mr. B. submitted to a breath test that resulted in alcohol content readings of .107 and .104. Mr. B. was charged with two counts of DUI. The State did not offer Mr. B. a significant plea offer. At trial, after attacking the credibility the breath sample, the jury found Mr. B. not guilty of all the DUI charges.

April 16, 2012

April 16, 2012 By dmcantor 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V (DMC No. 4558)

GRANTED | MOTION TO TERMINATE PROBATION GRANTED/FRAUDULENT SCHEMES– State v. Mr. V. (DMC No. 4558) (Maricopa County Superior Court CR1994-004589): Mr. V. and his co-defendant had various fraud schemes which defrauded investors out of approximately $542,000. Mr. V. had been sentenced to 5 years of prison, followed with 7 years of supervised probation. When it became apparent that he would not be able to pay back restitution, we were able to have his probation terminated and have the restitution amount turned into a civil judgment.

January 28, 2012

January 28, 2012 By dmcantor 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. H (DMC No. 10874)

CONVICTION SET ASIDE | DUI – State v. Mr. H. (DMC No. 10874) (Phoenix City Court 3703449): Mr. H. had been convicted of a DUI and had completed all of his sentencing requirements. Roughly 4 years later, he was being considered for promotion at the bank he worked at. In order to receive the promotion, he needed the conviction set aside. We were able to petition the court and have the judgment of guilt set aside and all complaints against him dismissed. He was able to get his promotion.

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