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November 17, 2011
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. K (DMC No.)

CONVICTION REVERSED | DISORDERLY CONDUCT – State v. Ms. K. (Maricopa County Superior Court No. CR2006-006624): Ms. K. had previously been convicted in the Mesa Municipal Court for an alleged Disorderly Conduct/Domestic Violence. After we obtained the case and went through the trial record, we were able to show that the prosecutor inappropriately changed the theory of the case in the middle of trial and improperly amended the charges. The judge erroneously allowed the prosecutor to do this. We were able to show the Superior Court Appellate judge that this was improper, and that judge ruled in our favor and dismissed all charges.

November 17, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No.)

CONVICTION SET ASIDE | AGGRAVATED ASSAULT

State v. Mr. H. (Maricopa County Superior Court No. 2001-090140): Approximately six years earlier, Mr. H. was suffering from a bi-polar disorder. Police were called to a disturbance, in which he engaged in a physical altercation and was convicted of Aggravated Assault on a Minor. Mr. H. had now moved out of state and was under treatment and currently seeking employment. This conviction would have cost him any job opportunities. We were able to convince the Court to grant the motion to set aside his judgment of guilt, restore his right to posses firearms, and his right to vote.

To speak with an Appeals Lawyer, please call our office to schedule a free consultation. Our offices are available 24 hours a day at (602) 307-0808.

November 17, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, 16l DUI Expungement Victories, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. T (Case No. 2004-059564)(DMC No.)

CONVICTION SET ASIDE | DUI – State v. Mr. T. (Mesa Municipal Court No. 2004059564): Mr. T. had been convicted of a DUI approximately two years earlier. Mr. T. was now a Senior Graphic Designer at his business, and he needed the conviction to be expunged in order to continue being promoted at work. We were able to show the judge that he had turned his life around and had gone through counseling. The judge then set aside Mr. T.’s judgment of guilt for DUI.

To speak with an Appeals Attorney in Arizona, please call our office at (602) 307-0808 to set-up a free consultation.

November 17, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, Case Victories, McDowell Mountain Justice Court Victories

State v. Ms. M. (DMC No.)

CONVICTION EXPUNGED | ESCAPE CONVICTION EXPUNGED

State v. Ms. M. (McDowell Mountain Justice Court No. CR0102060): Ms. M. had been convicted five years earlier for a misdemeanor escape charge. We were able to demonstrate that this happened when she was very young and at a stage in her life when she was immature. She now worked as an account executive in a bank, and needed this judgment of guilt to be set aside so she could proceed with her life. The judge agreed, and set aside her conviction.

To speak with a lawyer regarding getting a conviction expunged from your record, please call us at (602) 307-0808.

 

November 17, 2011
Posted on Author By dmcantor Categories 100H MIC/MIP Victories, 118 Miscellaneous Crime Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S. (DMC No. 7064)

NOT CHARGED | MINOR IN POSSESSION / CONSUMPTION OF ACLOHOL – State v. Mr. S. (DMC No. 7064) (City of Tempe): Mr. S. was in a vehicle with his friends on Mill Avenue with an open container in his hand when a bicycle cop rode up. He told the driver of the vehicle to pull over, and then he questioned the occupants about their ages. We were able to show that there was no reasonable suspicion to stop, and the decision was made not to file charges by the Tempe City Prosecutor’s Office.

November 17, 2011
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S. (DMC No. 6979)

NOT CHARGED | CONCEALED WEAPONS VIOLATION – State v. Mr. S. (DMC No. 6979): Mr. S. was a motorcycle rider who was stopped near Flagstaff, Arizona. The police felt that he was wearing a jacket that would be indicative of belonging to a motorcycle gang. Upon a search, a concealed weapon was discovered on Mr. S.’s property. We were able to argue that this concealed weapon (brass knuckles) was actually a belt buckle. We also argued that there was no reasonable suspicion to stop Mr. S. in the first place. Ultimately, we convinced the prosecutor not to bring charges.

November 17, 2011
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 92 Criminal Damage Pre-Charge Victories, Case Victories

State v. Mr. K (DMC No. 7083)

NOT CHARGED | CRIMINAL DAMAGE – State v. Mr. K. (DMC No. 7083) (Gilbert Police Department): Mr. K. was a carpet salesman who was denied a sale and treated badly by some potential clients. He was accused of becoming upset and “keying” their car. He was also accused of putting paint remover on somebody’s car. We were able to show that Mr. K. was going through some emotional issues as he had recently given up a good job as a pilot to pursue an internet business selling carpet. We were able to make restitution to all victims involved, and it was agreed that no charges would be filed against Mr. K.

November 17, 2011
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories

State v. Mr. D (DMC No.)

REDUCED TO MISDEMEANOR | Felony Criminal Damage, State v. Mr. D. (Maricopa County Juvenile Court): Mr. D. was charged with felony criminal damage and felony disorderly conduct arising from a family altercation. Mr. D. came in past his curfew, and his mother’s boyfriend (who had been drinking) got into an argument with Mr. D. Mr. D. then locked himself in a room and the mother’s boyfriend pried the door open and poured soda over his head and body. Mr. D. then became very upset, damaged the walls, pool table, and the windshield of his mother’s car. We were able to convince the prosecutor he was operating under self-defense and duress, in addition to being provoked. They agreed, and reduced his charges to a misdemeanor disorderly conduct with no days in jail.

November 17, 2011
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 600 Drug Crimes Victories, 81 Drug Crime Dismissals, 82A Possession/Paraphernalia Dismissals, Case Victories, University Lakes Justice Court Victories

State v. Ms. H (DMC No.)

DISMISSED AT BENCH TRIAL | Possession of Marijuana and Possession of Drug Paraphernalia, State v. Ms. H. (University Lakes Justice Court No. CR05-0550731): Ms. H. was a resident of an ASU dormitory when police responded to an anonymous tip of drug sales. When they questioned Ms. H., she consented to a search of the room. Underneath the bed they found a bag containing various items with burnt marijuana residue, and a small amount of marijuana. Our contention was that the amount of marijuana was not enough to use, and because multiple people used that room, they could not prove it belonged to Ms. H. Just before trial was to begin, we made a Motion that the actual evidence needed to be produced at trial, and the State did not have the evidence in their possession. Therefore, the State filed a motion to dismiss all charges.

Have a similar case? Call our office at (602) 307-0808 to schedule a free consultation with an Arizona Criminal Defense Attorney.

November 17, 2011
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, 82D Drug Crimes (Reduced), Case Victories

U.S. v. Mr. H (DMC No.)

REDUCED | POSSESSION OF MARIJUANA IN A FEDERAL FACILITY – State v. Mr. H. (Arizona Magistrate Federal Court No. H5085840): Mr. H. walked into a federal building with marijuana in his back pocket. He was subsequently searched and the marijuana was discovered. He also was cited for impeding a federal investigation, and it was determined that he had driven to the federal facility while under the influence of alcohol and marijuana. Ultimately, his case was reduced to a mere $275 fine and a plea to a petty offense.

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