CONVICTION SET ASIDE | DUI – State v. Mr. W. (DMC No. 10446) (Scottsdale City Court TR2010-001721): Mr. W. was a well respected Doctor and businessman who had attended both MIT and the Wharton School of Business. He had a prior DUI on his record, and wished to clean this blemish from an otherwise stellar career. We were able to have his judgment appealed to set aside the conviction, and the complaint against him was dismissed.
PROBATION VIOLATION DISMISSED/DUI – State v. Ms. B. (DMC No. 10505) (Maricopa County Superior Court CR2009-132577): Ms. B. was sentenced to 3 years of probation, and ordered to complete intensive “out-patient” treatment. She had not completed the out-patient treatment, and a Petition to Revoke was filed. We were able to get her enrolled with intensive out-patient treatment with Banner Health Services prior to the Hearing, and the Judge dismissed the Petition to Revoke.
REDUCED | Sexual Assault and Sexual Conduct with a Minor, State v. Mr. Y. (DMC No. 9806) (Maricopa County Superior Court No.: CR2010-139405): Mr. Y. was a 25 year old living in an apartment who was partying with some people, including a 16 year old girl. During the course of the night, the girl and Mr. Y were drinking and ended up having sex. Although he knew she was under 18, he was under the belief that she was going to have her birthday within a couple of weeks. After Mr. Y had left the apartment, the girl spoke with her friends and then claimed that she “must have been sexually assaulted”, although she did not remember anything. After the police were called, Mr. Y was arrested. We were able to show that the sexual assault claim lacked any merit (although it carried a potential of over a decade in prison), but Mr. Y did knowingly engage in sex with a girl under 18. The original offers from the Prosecutor’s involved designated felonies and convictions with prison time. We were able to convince the Prosecutor to offer an Undesignated Felony to a Child Abuse Charge with 6 months of jail time and Work Furlough. Upon completion of Mr. Y’s probation, the charge will be reduced to a Misdemeanor.
DISMISSED | Production and Possession of Marijuana for Sale, State v. Mr. R. (DMC No. 9914) (Maricopa County Superior Court No. CR 2009-006670): Mr. R. had gotten into an argument with his girlfriend when the police were called. When they arrived, the girlfriend’s mother told the police that Mr. R had been growing Marijuana in the shed, and had been selling Marijuana along with some Methamphetamine. The Maricopa County Attorney’s Office waited almost 2 years to charge Mr. R., and in that time they had lost the video tape detailing the alleged crime scene. We then filed a Willets –a motion which would have greatly hurt the State’s case. The State was then forced to file a motion to dismiss all charges.
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DISMISSED | Criminal Damage, State v. Mr. C. (DMC No. 7293) (San Marcos Justice Court No. 2010-106832): Mr. C. was observed travelling the wrong way on the loop 202 Freeway. He eventually struck a sign which became detached from the ground and struck several other vehicles. He was originally charged with a DUI in City Court, but then his charge for Criminal Damage for striking the sign was filed in a Justice Court. We were able to show the Prosecutor that this was a not a true Criminal Damage, as it did not involve the requisite “intent” element necessary for the charge. We were able to have the charge of Criminal Damage Dismissed in its entirety.
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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.
NOT CHARGED | INSURANCE FRAUD – State v. Mr. S. (DMC No. 9815): Mr. S. was involved in a nasty divorce with his wife. She had stored numerous items to be resold as antiques in her house. When she left, she filed an insurance claim stating that there was 40,000-50,000 in damage and theft. Mr. S reported her to the insurance company and informed them that he was the true insured party and was the one who suffered the actual loss. The insurance company tried to claim that this was somehow a fraudulent statement. We were able to show that the fact that he was a victim of theft (even though it was from his wife who he was divorcing) still entitled him to a lawful insurance claim.w
NOT CHARGED | Solicitation of Prostitution- State v. Mr. P. (DMC No. 9869): Mr. P was one of the individuals on the “Desert Diva” list that was released to the media. This list involved an escort service that was determined to be a prostitution ring. The police obtained all credit card numbers and information and released the names of the potential “John’s” to the public. Mr. P hired us, and we were able to prevent the State from proceeding with any further evidence that he engaged in prostitution. No charges were ever brought.
DISMISSED | Hit and Run, State v. Mr. G. (DMC No. 9881) (Phoenix City Court No. 4293650): Police received a call that an individual had found a vehicle that he thought was involved in an accident the night before at 35th Ave and Julie Dr., Phoenix. The officer’s found the vehicle and photographed some damage. They then contacted Mr. G, and he admitted to the actual accident. We were able to file a Motion to Suppress all Statements based upon Corpus Delicti. Without the actual statements and an eye witness identification, the State was unable to make their case and they were forced to dismiss all charges.
DISMISSED – Hit and Run, State v. Mr. H. (DMC No. 9800) (Phoenix Police DR# 2010-01460055): Mr. H. was 18 years old and was driving to a friend’s house, when a light turned green and he began driving. A gentleman stepped in front of his car, and was bumped by the car and did not fall to the ground. The two exchanged words and Mr. H drove away. A police report was taken claiming that the alleged victims suffered a swollen wrist and that there was a Hit and Run. We were able to convince the Police Officers that this did not qualify as a true Hit and Run case, and they did not route the case for prosecution to the City of Phoenix Prosecutor’s Office.