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April 27, 2011
Posted on Author By dmcantor Categories 1500 Expungement Victories, 2100 Superior Court Victories, Case Victories, Pima County Superior Court Victories

State v. Mrs. S (DMC No. 9988)

RESTORED | CIVIL RIGHTS – State v. Mrs. S. (DMC No. 9988) (Pima County Superior Court No. CR2005-2875): Some years earlier, Ms. S. plead guilty to 1 count of Disorderly Conduct, class 6 undesignated felony.  An application was filed in order to have her Conviction of Guilt Set Aside, Designate her case to a Misdemeanor, and have her civil rights restored.  Due to the fact that a gun was involved in the underlying case, the judge refused to set aside her conviction at the time.  However, her Civil Rights were Restored and she is now allowed to vote and her record reflects only a misdemeanor conviction.

April 15, 2011
Posted on Author By dmcantor Categories 700 Property Crime Victories, 95 Trespass Victories, Case Victories, City Court Victories, Tempe City Court / Tempe Municipal Court Victories

State vs. Mr. M (DMC No. 9938)

DISMISSED | TRESPASSING – (DMC No. 9938) (Tempe City Court No. 10-069698-2): Mr. M. was a Canadian citizen visiting in Tempe. He was accused becoming intoxicated at the Margarita Rocks Bar in Tempe, Arizona and he was asked to leave. Staff claimed that he then hopped a fence and refused to leave once he was back on the bars’ patio. Police were called and he was arrested for trespass. If he were to be convicted, he would not be allowed to re-enter the United States per then current immigration law. After numerous meetings with the prosecutors in Tempe, they agreed to allow Mr. M. to do community service. Once that service was complete, they dismissed all charges.

March 29, 2011
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State vs. Mr. R (DMC No. 10012)

NOT CHARGED | SEXUAL ASSAULT State vs. Mr. R. (DMC No. 10012) (Tempe Police Department): Mr. R. was a college student at ASU who had had an  on-again off-again relationship with a young lady.  Both were now dating other people when he had got a call from her asking that he come over to her apartment.  When he arrived there, she had been drinking and she proceeded to tell him that his new girlfriend was a liar and was not actually a virgin.  She then stated “I miss you” and they both engaged in consensual sex.  She then got angry and told him “I’m not going to be girl number 2 anymore” and threw him out of her room.  Her boyfriend found out about the incident, and convinced her to go to the police the next day.  We were not only able to convince the police department to not file charges, we were also able to convince ASU’s Administrative Hearing Board to “exceptionally clear” the charges, thus allowing Mr. R. to remain a student at ASU.

March 27, 2011
Posted on Author By dmcantor Categories 16J Driving on a Suspended License Victories, Apache Junction Justice Court Victories, Case Victories

State vs. Mr. G (DMC No. 10065)

REDUCED | DRIVING ON A SUSPENDED LICENSE  – State vs. Mr. G. (DMC No. 10065) (Apache Junction Justice Court No. TR2010-06331): Mr. G. was stopped for a minor traffic violation and it was discovered his license was suspended.  He told police that his license was not suspended and there was a mistake at the DMV.  Because Mr. G. would lose his license another year should he be convicted of driving on a suspended license, he was facing a serious penalty.  We were able to convince the prosecutor that it would serve the greater interest to reduce this to a charge of Unsworn Falsification (ARS 13-2704 A1), which would not result in Mr. G.’s license being suspended.  He was able to keep his job which required a valid license.

March 15, 2011
Posted on Author By dmcantor Categories 16G Drag Racing / Racing on Highway Victories, 200 DUI / Vehicular Crime Victories, Case Victories, West McDowell Justice Court Victories

State vs. Mr. A. (DMC No. 9889)

REDUCED | DRAG RACING – (DMC No. 9889) (West McDowell Justice Court No. TR2010-141173): Mr. A. was a minor league baseball player who was previously in the major leagues. He had purchased a new Camaro SS and was driving on the freeway at a high rate of speed. Another vehicle sped up to catch up with him and an officer thought that two were drag racing. Mr. A. was pulled over and charged with drag racing. We were able to convince the prosecutor that he was unaware of the other vehicle’s presence and was merely speeding. If he were convicted of the drag racing charge, he would have lost his license and would have done jail time.

March 15, 2011
Posted on Author By dmcantor Categories 11 Hit and Run Dismissals, 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State vs. Mr. S (DMC No. 9895)

DISMISSED at BENCH TRIAL | Hit & Run (DMC No. 9895) (City of Phoenix No. 4246005): Mr. S. was backing out of a parking lot when he had bumped into another car and drove away. He did not realize he had actually bumped another car and did not see any damage on his vehicle. He had very heavily tinted windows. On the day of trial, the alleged victim could not positively identify Mr. S. as the driver of the vehicle and the prosecution dismissed all charges.

March 15, 2011
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 900 Pre-Charge Case Victories, Case Victories

U.S. v. Mr D (DMC No. 3379)

NOT CHARGED | WIRE FRAUD / SECURITIES FRAUD – Mr. D was the owner of an International Bank based out of Scottsdale, Arizona.  He was accused of defrauding investors of over $1,000,000.00 due to the fact that the bank invested income in various construction projects in Florida.  Eventually, these projects went “belly up”, and there was no money to pay back the investors.  The FBI and the U.S. Attorney’s Office were investigating Mr. D for Sale of Unlicensed Securities, Theft and various RICO violations.  Mr. Cantor became involved with the FBI agents and the U.S. Attorney and demonstrated to them that this was not a criminal case, it was actually a civil case that needed to be resolved between the investors and Mr. D.  The U.S. Attorney’s Office declined to prosecute Mr. D.

FBI Investigated

March 14, 2011
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. L (DMC No. 4617)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Ms. L. (DMC No. 4617) (Phoenix City Court 3001550): Ms. L. was in from out of town with her husband at a hotel bar where she consumed numerous drinks. An argument ensued between Ms. L., her husband and two other gentlemen at the bar. As she was leaving, she was grabbed on the shoulder from behind and she turned and punched a woman in the face.

The woman, who was also from out of town, submitted $5,000 worth of medical bills claiming they were a result from this incident. We were able to show that numerous prescriptions and diagnosis were submitted from before this incident. In addition, we were able to show that Ms. L. acted in self-defense. The Judge acquitted Ms. L. of all charges.

November 15, 2010
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories

U.S. vs. Mr. F (DMC No. 9901)

REDUCED | POSSESSION AND DISTRIBUTION OF CHILD PORNOGRAPHY – U.S. Government vs. Mr. F. (DMC No. 9901) (U.S. District Court – District of Arizona No. CR10-01661-001): Mr. F. was an adult male who lived in a group home for those with Autism. He was high functioning and was able to log on to his computer and download a large quantity of child pornography. Due to his restrictive learning development, we were able to negotiate with the prosecutors in order to reduce this case to a plea of probation with no jail time. Only counseling and monitoring were required. He was originally facing the standard minimum plea offer of 5 years in prison, which elevates to 20 years in prison if he were to have proceeded to trial and lost. This case was an example of how diminished capacity can result in a massive reduction in penalty.

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.

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