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August 2, 2010
Posted on Author By dmcantor Categories 1800 Sentence Modification Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V (DMC No. 8206)

Mr. V had previously been convicted of Solicitation to Commit Possession of Marijuana (a Class 4 Felony) and was sentenced to 2 years of probation with 6 months in Jail as a term of probation. He was allowed to participate in a “Work Release Program” for 5 days a week for a total of 11 hours per day. We were able to file a Motion to Modify his Work Release in order to have him released 7 days a week, for a total of 14 hours per day. This was done so that he could keep his business running.

May 20, 2010
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 20 Sex Crime Jury/Bench Trial Victories, 30 Indecent Exposure Dismissals, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 33 Public Sexual Indecency Dismissals, 33-35 Public Sexual Indecency Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Jury Trial Victories, Mesa City Court / Mesa Municipal Court Victories

State V. Mr. J (DMC No. 9674)

Mr. J. was accused of traveling through a neighborhood and committing sex acts inside of his car in front of 3 different girls. When the girls were interviewed by Detectives, they were presented with a photo of a registered a registered sex offender in the neighborhood, and they all identified this person instead of Mr. J. When that person had an alibi, they checked various vehicle descriptions and located Mr. J through his vehicle. The Detectives indicated that Mr. J confessed to all the crimes when interviewed by them. He was subsequently arrested and charged with Public Sexual Indecency under Arizona Revised Statute ARS 13-1403(A)(1).

At Trial, we argued that the offense the girls were describing was Indecent Exposure and not Public Sexual Indecency, (since there was no actual sex act involved). In addition, we pointed out that they had identified somebody completely different than Mr. J. when shown the original photo lineup. Lastly, we argued that this so called confession by the Detectives was never recorded, as would be standard procedure, and therefore was very suspect. The Jury agreed and Mr. J was found Not Guilty of the charge.

March 15, 2010
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M. (DMC No. 6028)

REDUCED | FRAUD SCHEMES/THEFT  – Mr. M was charged with ten counts of Class 2 Felony Fraud Schemes (i.e., Mortgage Fraud).  The State had alleged that Mr. M was a loan officer who issued fraudulent loans to either unknowing adults or minor children which resulted in a total loss of $1,500,000.00.  We ultimately resolved his case with a plea agreement to a single count of Class 4 Felony Forgery, which involved four years of probation, $9,999.99 of restitution (i.e., below $10,000.00, thereby avoiding any deportation issues), and two months of jail with work release.

Maricopa County Superior Court No CR2005-011595

March 15, 2010
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No 9261)

REDUCED | SECURITIES FRAUD / THEFT – Mr. R was a prominent estate planning attorney in Scottsdale who was charged with 103 Felony counts ranging from Sale of Unlicensed Securities, to Fraud Schemes and Theft.  Mr. R was an unwitting partner to a concert promoter who was selling investment contracts with a high rate of return.  Mr. R invested his own money, his family’s money, and assisted in many of his clients investing their money with the promoter.  Eventually, the promoter stole $25,000,000.00 and absconded.  We were able to demonstrate that Mr. R was also a victim, who should not be treated as a co-conspirator (due to the fact that he also lost large sums of money).  Ultimately, his case was resolved with four counts of a Class 6 Open Felony for Solicitation of Sale of Unregistered Securities.  On the day of sentencing the judge designated all 4 felony counts as outright misdemeanors, and placed Mr. R on what became unsupervised probation with a low level of restitution.  No jail time was involved.

Maricopa County Superior Court No CR2008-006750

March 15, 2010
Posted on Author By dmcantor Categories 100B Conspiracy Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 42 Fraudulent Schemes Dismissals, 44 Theft Dismissals, 47A Mortgage Fraud Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47E Money Laundering (Federal Charge) Victories, Case Victories

U.S. v. Ms. V (DMC No.)

DISMISSED | MORTGAGE FRAUD – Ms. V. was employed as an escrow officer in Phoenix and was charged with 37 Felony counts, including Wire Fraud, Conspiracy to Commit Money Laundering, Conspiracy to Commit Wire Fraud, and Engaging in Illegal Monetary Transactions Greater than $10,000.00. While she was an escrow officer she submitted to lenders several preliminary HUD-1 forms, also known as “Pre-audit” and final HUD-1 forms.  Other defendants and their family members were buyers (or the backers of “straw buyers”) of several homes (27 total) where Ms. V. was the escrow agent.  The alleged “cash back scheme” stemmed from these HUD-1 forms Ms. V. drafted that resulted in large sums of unearned/undeserved monies to be distributed to the buyer.  The charges against Ms. V. and the other Defendants arose from these illegal pay-outs.  Per the Assistant United States Attorney, the range of loss was between $2,500,000.00 and $7,000,000.00.  Ms. V. was unwittingly duped into submitting these HUD-1 forms without knowing illegal kickbacks were taking place.  Her charges were ultimately dismissed in full.

March 1, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 7A Super Extreme DUI Reduced, 911 Tempe DUI Wins, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. K (DMC No. 7239)

REDUCED | DUI – State v. Mr. K. (DMC No. 7239) (Tempe City Court No. 06-950941) REDUCED to Reckless Driving on the Day of Trial -: Mr. K was pulled over for allegedly not having his headlights on. Subsequently, he was given a Preliminary Breath Test which revealed a .217 Breath Alcohol Content. However, he had clear speech and no trouble on the majority of Field Sobriety Tests. Once at the station he provided a Breath Test on a machine that revealed a .125. That device was shown to have multiple calibration issues, and on the day of trial the Tempe City Prosecutor extended an offer of Reckless prior to picking a jury.

If you need to speak with a Tempe, AZ DUI Lawyer, click here. To schedule a free consultation, call our offices at (602) 307-0808.

February 6, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 6 Extreme DWI Reduced, Case Victories, Prescott Justice Court Victories

State v. Mr. M. (DMC No. 8745)

EXTREME DUI (.168 BAC) REDUCED to RECKLESS DRIVING/UNDERAGE DRINK and DRIVE with ZERO DAYS in JAIL – State v. Mr. M. (DMC No. 8745) (Prescott Justice Court 2009-031145J): Mr. M. was seen by a DPS Officer travelling north on State Route 89 at Mile Post 313.  The officer said that Mr. M. was weaving within his lane, and travelling 62 in a 50 mph zone.  After Mr. M. was pulled over, it was discovered he was underage and had been drinking.  He was eventually brought to the station where he provided a .168 blood test.  Because Mr. M. had been booked into jail and not informed of his right to obtain an Independent Blood Test at a hospital of his choosing, we were able to convince the Prosecutor to reduce the Extreme DUI to non DUI charges of Reckless Driving and Underage Drink and Drive, both with zero days in jail.  Originally Mr. M. was facing 30 days in jail.

February 6, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 6 Extreme DWI Reduced, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. S. (DMC No. 5461)

EXTREME DUI (.165 BAC) REDUCED to RECKLESS with ZERO DAYS JAIL – State v. Mr. S. (DMC No. 5461) (Kyrene Justice Court TR05-50506CR): Police were received a call regarding a person passed out in his vehicle on the westbound I-10 near the side of the road. When police arrived, the reporting party was gone, and Mr. S. was found in his vehicle with his hazard lights on, trunk open and a spare tire leaning up against the front driver side. The key was ignition, but the engine was not on. Mr. S. was arrested for extreme DUI, and provided a .165 BAC breath test. Due to various issues regarding “Corpus” and “Actual Physical Control”, we were able to have the case reduced to mere “reckless driving” with zero days in jail.

February 4, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Case Victories

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

REDUCED | DUI (.145 BAC) (0205217CR): Mr. K. was stopped by Arizona DPS for allegedly speeding. Subsequently the police pressured him into giving a breath test by telling him he would go to jail if he did not. The results of that test revealed a .145 BAC. We filed a Motion to Suppress based upon Coercion, and the State offered Mr. K. a Reckless Driving plea with zero days in jail.

February 4, 2010
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4 Regular DUI & DWI Reduced to Non-DUI, Casa Grande City Court Victories, Case Victories

State v. Mr. B. (DMC No. 8996)

REDUCED | DUI (.142 BAC) REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8996) (Casa Grande City Court TR2009-000819): Mr. B. was observed weaving on his motorcycle on Kortsen Road in Casa Grande Boulevard in Casa Grande, Arizona.  He was ultimately stopped and arrested for DUI.  When he was taken to the station, his brother-in-law (an attorney) called in and was not allowed to speak with Mr. B.  Although Mr. B. provided a BAC of .142, we were able to convince the Prosecutor (based on Denial of Right to Counsel) to offer a Reckless Driving with zero days in jail in exchange for dismissing the DUI.

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