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December 19, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No. 7313)

REDUCED to Misdemeanor – Felony Aggravated Assault, State v. Mr. H. (DMC No. 7313) (Maricopa County Superior Court No. CR2007-119793): Mr. H. was seen driving erratically through a neighborhood and throwing an item from his window. When officers stopped him, they realized that Mr. H. was delivering newspapers with his son. When an argument ensued, the officer stated that he was going to write Mr. H. a traffic ticket. Mr. H. got out of his vehicle to discuss this with the officer, and he was subsequently thrown to the ground and charged with Aggravated Assault on a Police Officer. We were able to show how outrageous the officer’s conduct was, and the State agreed to offer a Misdemeanor Disorderly Conduct charge. Mr. H. took the plea in order to avoid the felony and to keep his employment.

December 18, 2011
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72A Kidnapping Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No.7243)

NOT CHARGED | CHILD MOLESTATION & KIDNAPPING – State v. Mr. B. (DMC No.7243) (Maricopa County Superior Court No. CR 2006-XXXXXX): Mr. B. was a teacher at a local elementary school and was accused by a student of fondling her breast over her clothes. We had Mr. B. take a polygraph test, which he passed. In addition, there were no other witnesses to corroborate these allegations. The Maricopa County Attorney’s Office still insisted on proceeding to Grand Jury, however there was no indictment returned. The Maricopa County Attorney’s Office then made a Motion to the Court to release the findings of the Grand Jury (which is necessary in order to discuss Grand Jury findings), and that Motion was granted. Even though Mr. B. was not indicted, he was still forced to resign his position. He was initially facing years in prison, but ended up with no charges being filed.

December 18, 2011
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No.7266)

NOT CHARGED | CHILD MOLESTATION –  State v. Mr. W. (DMC No.7266) (Pinal County Sheriff’s Office): Mr. W. was a teacher for Special Education students in 6th, 7th, and 8th grade. He was accused of improperly touching a student, and was put on Administrative Leave. We were able to show that the actual incident involved a 12-year old student who kept falling asleep in class. When Mr. W. went up to her and rubbed her back in order to wake her (with 30 other students in the room), she woke up and claimed that her bra strap had become undone. She then retracted some other allegations she had made against Mr. W. and no charges were brought against him. In addition, he had no adverse record placed on his teaching license. Lastly, he then transferred to teach at a local high school and was paid for all of the time he had been placed on Administrative Leave.

December 18, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Gila County Superior Court Victories

State v. Mr. S. (DMC No. 7292)

REDUCED | Child Molestation, State v. Mr. S. (DMC #7292) (Gila County Superior Court No. CR2007-0195): Mr. S. was 16 years old and was accused of trying to fondle an 11 year old and a 9 year old while on various field trips with a counseling group for disturbed teenagers. Although Mr. S. was only 16, he was charged as an adult. Because he was charged with 2 Counts of Child Molestation, he was facing a minimum of 20 years in prison. We were able to show that he had a disturbed mental state, and had a high level of mitigation and family support. We ultimately were able to reduce the initial plea from 10 years in prison to probation with 1 year in jail.

December 18, 2011
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No.7260)

NOT CHARGED | CHILD ABUSE – State v. Mr. S. (DMC No.7260) (El Mirage Police Department): Mr. S. was a foster parent looking after many kids in his house. One of the residents was a 21 year old who was mildly mentally handicapped and a ward of the State. The alleged victim called police and stated he had been punched by Mr. S. We were able to show that he merely wanted to move out of Mr. S.’s house in order to live with his girlfriend, and that he had manufactured his story. No charges were brought against Mr. S.

December 18, 2011
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H. (DMC No. 7209)

NOT CHARGED | ASSAULT – State v. Mr. H. (DMC No. 7209) (Pinal County Superior Court): Mr. H. was arguing with his wife, when she attempted to strike him twice in the crotch. He used his arm to defend himself and his wife’s Aunt (who was on the phone with her) called the police when she heard the ruckus. Mr. H. was arrested and released to the Pinal County Pre-Trial Services. We were able to intercept the case with the Pinal County Attorney’s Office, and no charges were filed.

December 18, 2011
Posted on Author By dmcantor Categories 100H MIC/MIP Victories, 2100 Superior Court Victories, 700 Property Crime Victories, 800 Miscellaneous Crime Victories, 95 Trespass Victories, Case Victories, Yavapai County Superior Court Victories

State v. Mr. M (DMC No.7139)

DISMISSED | TRESPASS AND MINOR IN CONSUMPTION – State v. Mr. M. (DMC No.7139) (Yavapai County Superior Court No. 2006-0206995): Mr. M. had been drinking, and was at a friend’s house that he used to live at. When he left the house he became disoriented and began walking down the wrong street. He walked into a similar house in which a woman was inside. She pushed him out the door and called police. We were able to explain to the prosecutor that this was an unintentional act. The prosecutor agreed to decline prosecution for Minor in Consumption and Trespassing.

December 18, 2011
Posted on Author By dmcantor Categories 79C Unlawful Discharge of a Firearm (Shannon’s Law) Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 7184)

NOT CHARGED | DISCHARGING A FIREARM – State v. Mr. G. (DMC No.7184): Mr. G. had been accused by his boss of displaying a weapon with a suppressor and firing it into the canal while at a construction job site. He had been terminated from the job site after the police report was made. We were able to show that his boss did not actually witness any of the allegations, and probably made up the accusations in order to have a reason to fire Mr. G. No charges were ever brought against him.

December 18, 2011
Posted on Author By dmcantor Categories 16M Criminal Speeding Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. H. (DMC No.7214)

DISMISSED | Criminal Speeding, State v. Mr. H. (DMC No.7214) (Scottsdale City Court No. TR-2007008327): Mr. H. was seen driving by an officer doing 71 mph in a 40 mph zone. It was a Saturday morning and no other people were on the roadway. Because Mr. H. could not afford to have a criminal conviction, it was very important to try to have the case reduced to a civil ticket. We were able to negotiate for Traffic Survival School in exchange for a dismissal of the charge, thereby saving Mr. H.’s license.

December 18, 2011
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 52 Assault/Domestic Violence Reduced, 95 Trespass Victories, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Mr. A (DMC No.7218)

REDUCED | TRESPASS & ASSAULT – State v. Mr. A. (DMC No.7218) (Chandler Municipal Court No. 07-P-872720): Mr. A. had been consuming alcohol and had taken several Zanax when he got into an argument with his girlfriend. They began to scuffle, and he held her down on the ground. A neighbor (who was an off-duty police officer), came over and tackled him just as other police officers were arriving. Although Mr. A. was charged with Assault, Trespass and Disorderly Conduct, we were able to get the more serious charges of Assault and Trespass dismissed pursuant to plea.

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