March 27, 2008

March 27, 2008 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 7911)

Mr. S was observed by a homeowner parked in front of his house and throwing what appeared to be garbage outside of the car, onto the homeowners lawn. Because it was 9:00pm at night, the homeowner called the Police. When the Police arrived, they observed Mr. S car with a flat tire and damage to the right side. Mr. S was in the passenger seat and had a cell phone in his hand. The engine was running in order to run the air conditioner (it was still 100 degrees outside), as it was summer time.

Mr. S appeared to be very intoxicated, and Police arrested him for DUI and searched the vehicle and found 1 empty and 1 partially full Vodka bottle. Mr. S. stated that he had blown his tire and had called AAA for assistance earlier in the night. Because Mr. S had a prior misdemeanor DUI convictions and his license was suspended, he was charged with Felony Aggravated DUI under Arizona Revised Statute ARS 28-1383(A)(2)

At Trial, we presented evidence that he had called AAA a couple of hours prior to the Police arriving. In addition, the Police could not prove whether he drank after driving or before (since the bottles were in his car). Lastly, we argued that he was in the passenger seat, therefore he was not in “actual physical control” of his vehicle. The Jury returned not guilty verdicts on all charges, thus sparring Mr. S. from going to Prison. Because his BAC was so incredibly high (a .461 BAC – *not a typo), we refer to it on our website as “this is not a typo”. The Prosecutor who handled this case has earned the nickname from his coworkers of “typo”.

January 16, 2008

January 16, 2008 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 20 Sex Crime Jury/Bench Trial Victories, 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 7687)

Mr. G was a family friend with a lady who lived in the valley, and he ended up taking her daughter and son over to his house to spend the night. He was then accused of touching the 17 year old daughter’s breasts while giving her a back rub, and penetrating her vagina with his fingers. She alleged that she felt she could not leave his house. Mr. G. was ultimately charged with Felony Sexual Assault under Arizona Revised Statute ARS 13-1406, Felony Sexual Abuse under Arizona Revised Statute ARS 13-1404 and Felony Kidnapping under Arizona Revised Statute ARS 13-1304.

The Police also claimed that they conducted a “confrontation call” in which the alleged victim confronted him on the telephone and he admitted to these acts. However, he stated he thought that his behavior was consensual and that the alleged victim was always free to leave at any time. At Trial, we presented all of this evidence, along with an extensive history of the alleged victim lying to her family and others regarding numerous other situations. The Jury found that she was not credible and returned a verdict of Not Guilty regarding all charges (Sex Assault, Sex Abuse, and Kidnapping). Mr. G was originally facing well over a decade in Prison if he was to be convicted.

December 8, 2007

December 8, 2007 By dmcantor 114 Theft and Fraud Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

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

NOT CHARGED | UNLICENSED SECURITIES SALES – In 2006, Mr. N, an investment broker, was accused of selling unlicensed securities. By working with the Plaintiff’s attorney, we were able to liquidate all securities involved and provide the Plaintiff all of his invested money back (plus interest). This resolved the case through the civil process rather than the criminal courts. The amounts involved were close to 1 million dollars.

Court – FBI Investigated

November 5, 2007

November 5, 2007 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 7529)

Mr. C was a passenger in a vehicle that was pulled over for making a minor traffic violation. The Officer then asked the driver and the passenger if there were any drugs in the car. Both denied that there were. The Officer then asked them if they would consent to the search of themselves and the vehicle. Both said that they would consent.

Although no drugs were found on Mr. C , there was some methamphetamine and a glass pipe found underneath the passenger seat. Mr. C was then arrested and charged with Felony Possession of Dangerous Drugs (Meth) under Arizona Revised Statute ARS 13-3407. He was also charged with Felony Possession of Drug Paraphernalia (the pipe) under Arizona Revised Statute ARS 13-3415.

After our drug crime law firm was hired, the driver of the vehicle admitted that all of the drugs and the pipes were his. During the Preliminary Hearing, the driver invoked the 5^th and would not testify on Mr. C’s behalf. Later, at Jury Trial, the same thing occurred. Mr. C. testified that the driver was the one that actually possessed the drugs and hid them behind his seat. The Jury found that Mr. C. was truthful and, combined with the fact that the driver invoked the 5^th, they came back with a verdict of Not Guilty on all charges as to Mr. C.

October 15, 2007

October 15, 2007 By dmcantor 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State vs. Mr. T (DMC No. 9769)

NOT CHARGED | CHILD MOLESTATION/ SEX ABUSE – (DMC No. 9769) (Gilbert Police Department): Mr. T. was accused by his half sister of molesting her when she was a child. She also claimed that recently (when she was 16 years of age) Mr. T. had snuck into her room while she was asleep. She claimed that he put a blanket over her head and fondled her and took pictures while she pretended to be asleep. Due to questions regarding Mr. T.’s half sisters motivation for making the report, and the fact that her other sister was in the room at the time and reported neither seeing nor hearing anything, we were able to convince detectives and prosecutor’s not to file charges.

August 11, 2007

August 11, 2007 By dmcantor 113 Sex Crime Pre-Charge Victories, 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 7116)

NOT CHARGED/DISMISSED | SEXUAL ASSAULT/KIDNAPPING – In 2007, Mr. R was accused of sexually assaulting a girl in a bar parking lot. We were able to show that, through witnesses, the girl willingly went with Mr. R into a parking lot vehicle and, was not kidnapped. In addition, the bar in question had a parking lot surveillance tape and the police were ordered by the Court to seize that tape. Because the police did not act for several months, the entire video system was replaced and the tape was lost forever. Motions were filed regarding the destruction of potentially exculpatory evidence, and the State dropped all charges.

August 6, 2007

August 6, 2007 By dmcantor 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. and Ms. W (DMC No. 8674)

Mr. and Ms. W’s 15 month old son fell down and struck his head. He was taken to Phoenix Children’s Hospital and they determined that the injuries suffered were not consistent with a simple fall. They informed CPS (The precursor to DCS/ The Department of Child Safety) that they felt this was a case of “Shaken Baby Syndrome”. CPS then came in and took temporary custody of their child per Arizona Revised Statute ARS 8-823.

We immediately obtained medical records and the imaging scans taken of the child and forwarded them to an independent Forensic Doctor who specialized in Pediatric Injury. He reviewed all evidence, and concluded that this injury to the child was not caused by Shaken Baby Syndrome. All of this evidence was presented at the hearing and CPS reversed their decision and gave the child back to Mr. and Ms. W. In addition, no criminal charges were brought against Mr. and Ms. W. for alleged Child Abuse.

August 4, 2007

August 4, 2007 By dmcantor 100 Miscellaneous Crimes Victories, 100F False Reporting Victories, 100J Obstruction/Hindering Operation Victories, 100K Failure to Obey a Police Officer, 100T Prevention of the Use of a Telephone Victories, 500 Assault / Violent Crime Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 800 Miscellaneous Crime Victories, Case Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. K (DMC No. 8476)

Mr. K was having an argument with his wife, when she picked up the phone to call 911. He then grabbed the phone, threw it down and damaged it. Police responded off the initial 911 “trigger”, and saw Mr. K in his garage. When he was instructed to exit the garage, he reached for a duffle bag on the ground and Officers immediately grabbed him and escorted him outside with a “control hold”. When they searched the duffel bag they found a weapon.

Mr. K was allegedly struggling when they placed him under arrest and when he was cuffed. He repeatedly stated that he had done nothing wrong and didn’t know why the Police were there. The Police then charged him with Obstruction of a Governmental Operation under Arizona Revised Statute ARS 13-2402 (A)(1), Failure to Obey a Police Officer under Mesa City Code 42-179; Prevention of the Use of a Telephone During an Emergency under Arizona Revised Statute ARS 13-2915 (A)(3); False Reporting to Law Enforcement Officers under Arizona Revised Statute ARS 13-2907.01 (A); Carrying a Concealed Weapon per Arizona Revised Statute ARS 13-3102 (A)(1) and Criminal Damage under Arizona Revised Statute ARS 13-1602(A)(1). We were able to show the Prosecutor that the Statute does not qualify regarding Obstruction of a Governmental Operation while placing a defendant under arrest. Also, the False Reporting and Failure to Obey were fairly outrageous charges given the situation. As far as the Carrying a Concealed Weapon and Prevention of the Use of a Telephone, they agreed to dismiss both of those charges. Mr. K only pled to the Misdemeanor Criminal Damage due to the destruction of the telephone, and was given a minimal Jail sentence of 4 days in Jail. Originally, he could have been facing up to 2 and a half years in the County Jail.

July 9, 2007

July 9, 2007 By dmcantor 2400 School Discipline Hearings - Title 9, Case Victories

State v. Mr. M.; Ms.G.; Mr. T.; Ms. S.; and Mr. O. (DMC No. 7975, 7976, 7977, 7978, 7979)

5 students were enrolled at ASU and took a class by the name of “Music 354 Rap Music and Hip Hop Culture”. They were all accused of cheating off of each other during an online test because their answers all matched (both correct answers and incorrect answers). We were able to make contact with the Professor involved prior to the case being routed to the ASU Dean of Student Life. After working out an agreement, all 5 students were given a zero on that particular test, but were allowed to remain in the class (and in school) in order to finish the semester. Per ASU’s policy, all 5 could have been expelled from the University.

July 3, 2007

July 3, 2007 By dmcantor 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, City Court Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. M (DMC No. 7805)

DISMISSED AT BENCH TRIAL | ASSAULT/DOMESTIC VIOLENCE (DMC No. 7805) (Gilbert City Court No. 2007CR250): Mr. M. was living with his girlfriend when her bird got out and destroyed his $1000 remote control. Mr. M. became upset and was packing his belongings to move out of the house. His girlfriend then blocked his path and refused to let him leave. When he physically moved her, she called the police and he was arrested for an alleged domestic violence assault. On the day of the bench trial, the prosecutor realized that they did not have sufficient evidence to proceed to trial and all charges were dismissed.

Previous page 1 … 139 140 141 142 143 … 156 Next page

Our Location

Free Consultation