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August 25, 2017
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories

State v. Mr. H (DMC No. 14708)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL/DUI & DWI (.105 BAC) – State v. Mr. H (DMC No. 14708) AUG 25, 2017 (Florence Justice Court TR2016-000336): Mr. H had previous DUI’s and vehicular Aggravated Assault convictions. Although his 1 previous felony had been expunged, he did have 2 prior DUI convictions in his lifetime. In this particular instance, he was pulled over for allegedly not signaling prior to 100 feet of making a right turn. The officer also claimed that Mr. H went through a stop sign without coming to a full stop. He was subsequently investigated for DUI and produced a Blood Alcohol Concentration of .105.

At Trial, we were able to call into question the officers actual observations. It appeared that the officer pulled over Mr. H as a “pre text” stop, in which he was just looking for possible DUI drivers. We were also able to show the Jury that he performed very well on his Field Sobriety Tests and that he had only consumed 4 beers throughout the entire night. This called the accuracy of the blood test into question. He was ultimately found Not Guilty of all charges.

February 7, 2017
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, Case Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. P (DMC No. 14233)

NOT GUILTY/ COMPLETE ACQUITTAL at Jury Trial/ INDECENT EXPOSURE – State v. Mr. P (DMC No. 14233) Feb. 7, 2017 (Phoenix City Court No. 5066402): Mr. P was shopping in a Hobby Lobby on 46th Street and Cactus Road in Phoenix, Arizona. While he was shopping for some items, he squatted down to pull something off of the shelf. Due to his shorts and loose underwear, his testicle fell out of his shorts. There was a female customer nearby who did not see anything. However, the Assistant Manager saw what occurred from down the aisle way. She then had Security escort Mr. P out of the store and he was arrested by the Phoenix Police Department.

At Jury Trial we presented the video tape inside the store and showed exactly what happened. We were able to prove that this appeared to be an absolutely innocent occurrence, and that he was not attempting to expose himself to anybody. Although one of the Police Officer testified that Mr. P had told him that he intentionally exposed himself because the woman in the aisle had shown her breasts, the woman denied ever showing her breasts or even seeing Mr. P in the aisle way. The Jury deliberated and returned a verdict of Not Guilty!

January 10, 2017
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 908 Phoenix DUI Wins, Case Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. S (DMC No. 14160)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL, DUI and DUI (.082 BAC) – State v. Ms. S (DMC No. 14160) Jan. 10, 2017 (Phoenix City Court No. 5080338): Ms. S was traveling in her car northbound to get on the 51 freeway at Colter Street, when a motorcycle had come through the intersection. She struck the motorcycle and his passenger, and the Police were called. Ms. S indicated that she had the green light, and the motorcyclist stated that he had the green light. The motorcyclist was placed under arrest for DUI, then an investigation was began by Phoenix PD on Ms. S. The only sobriety field test given to Ms. S was the Horizontal Gaze Nystagmus (HGN), which showed only 4 of 6 cues. No other tests were given. She was taken to the station which she provided a blood test which revealed a .082 BAC.

At Jury Trial, we were able to show that the accident was not her fault. In addition, we attacked the blood testing device and argued that it was not properly calibrated and was revealing a blood alcohol reading which was too high. The Jury deliberated and returned charged of Not Guilty on all counts!

October 12, 2016
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4AA DUI Drugs Reduced, Case Victories, Flagstaff City Court Victories

State V. Mr. B. (DMC No. 12518)

Mr. B was a student at Northern Arizona University, and he had several of his dorm mates in his car when he pulled up to Sechrist Hall. Officers made contact and began a dui investigation. After Mr. B was arrested, a small film canister with an amount of marijuana was found inside. He also provided a blood test which revealed a .131 bac.

He was ultimately charged with dui drugs and hired our firm to represent him in the flagstaff justice court. Because mr. B was facing a dui drugs charge, he would have lost his license for 1 full year if he would have been convicted. We were able to convince the prosecutor to dismiss the dui drugs charge, and instead have mr. B simply pled to a regular alcohol dui with a minimum of 1 day in jail. Originally the prosecutor wanted 5 days in jail, but we presented mitigation evidence, along with mr. B’s school schedule in order to convince the prosecutor to offer the minimum 1 day in jail.

October 12, 2016
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, Case Victories

State v. Mr. L (DMC No. 12516)

Mr. L was a retired teacher who lived in the phoenix area, when he received a call from police in tacoma, washington. He had previously lived and taught in the tacoma area. He was now being accused by a former student of having sexual relations with her 30 years prior. After securing a washington attorney, he also secured our services. We worked with his other attorney in washington, and we contacted the tacoma police department. We were able to show that the prior arizona statute had a statute of limitations which prevented them from filing any new charges (even though they had just now found out about these allegations). We were able to have the entire case shut down in a short matter of time. If mr. L had been charged and convicted, he would have spent the rest of his life in prison due to his advanced age.

October 12, 2016
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 600 Drug Crimes Victories, 86 Miscellaneous Drug Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. S (DMC No. 12505)

Approximately 3 years before ms. S hired our firm, she had been arrested while driving her vehicle. The police gave her a preliminary breath test which revealed no alcohol in her system. When ms. S refused to do field sobriety test’s, they arrested her and searched her vehicle. They found a tylenol bottle which contained various prescription drugs inside. They then charged her with dui drugs and possession of dangerous prescription drugs.

It was later shown that she did not have any impairing quantities of the drugs in her system while she was driving. In addition, she did have prescriptions for all of the medication found in her possession. At that time, the prosecutor agreed to dismiss all charges “in the interest of justice”. However, this arrest still appeared on her record and was causing her problems with employment. She then hired us to have her arrest record cleared by way of a “notation on the record”. We were able to explain to the judge all of the proceeding facts, and he agreed with our motion argument, and issued a “notation of cleared person on the record.” this resulted in cleaning up her arrest record, and that prior arrest no longer appears when employers run background checks regarding ms. S.

October 12, 2016
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 700 Property Crime Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, 93 Arson Victories, Case Victories

State v. Mr. T (DMC No. 12498)

Mr. T had lived in a neighborhood in which there had been numerous arson fires regarding cars and dumpsters over the previous 3 years. There was a report of a car on fire by a neighbor who stated that they had seen Mr. T run from the area of the car into his apartment. When police arrived, they attempted to have Mr. T leave his house to talk to them, but he refused. They eventually broke down the door and took him into custody. He was charged with arson and resisting arrest.

We were able to show that Mr. T had merely been in the area looking at the car because it had been on fire, and that he had not actually set the fire. In addition, Mr. T had been drinking and was scared when the police came to his door. Lastly, Mr. T and his life partner were both concerned that the police would rough him up due to his sexual orientation. And, in fact, the police had roughed Mr. T up when they took him into custody. We ultimately had the arson charge dismissed, and the case was plead to the resisting arrest with probation and zero days in jail. Originally Mr. T was facing a minimum of 4 years and a maximum of 8 years in prison on the arson charge alone.

October 12, 2016
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 38D Voyeurism Victories, Case Victories, Maricopa County Superior Court Victories

State V. Mr. C (DMC No. 12495)

Mr. C had 4 children by way of his wife. He and his wife had put a camera inside of his daughters’ room for safety monitoring, and had informed their daughter of this. Mr. C and his wife also lived the “swinger” lifestyle. As they were getting ready to go through a divorce, ms. C filed a police report claiming that mr. C had sexual conduct with his daughter, had videotaped her masturbating, and had expressed an interest in having an incestuous relationship with her. The police conducted a “confrontation call”, in which they attempted to have mr. C make admissions. He did not make any admissions. However, he was arrested and charged with 2 counts of child molestation/ a dangerous crimes against children (DCAC), 2 counts of sexual abuse (DCAC) and 1 count of voyeurism pursuant to Arizona Revised Statute ARS 13-1424. He was then taken into custody and held “non bondable” while his case progressed.

We were retained to represent him on the criminal charges and began our investigation. The daughters’ story did not match up regarding some of her facts, plus she was biased in favor or her mother due to the pending divorce. Because she knew off the existence of the camera in her room, the prosecutor was going to have a difficult time proving some of the elements of voyeurism. The major hurdle in the case was a video recording of his daughter masturbating which was found on mr. C’s personal computer. We were ultimately able to have the case reduced to probation with 6 months in jail (credit for the time he already served and no sex offender registration). Mr. C was released from custody immediately after sentencing. He originally was facing the rest of his life in prison if he would have been convicted of these charges.

January 3, 2016
Posted on Author By dmcantor Categories 100Q Criminal Impersonation Victories, 800 Miscellaneous Crime Victories, Case Victories, Gila County Superior Court Victories

State v. Mr. H. (DMC No. 7872)

FELONY IMPERSONATING a POLICE OFFICER DISMISSED – State v. Mr. H (DMC No. 7872) (Gila County Superior Court CR2007-713) Mr. H and a White Mountain Police Department Sergeant owned a dog breeding business together. At the behest of the Sergeant, Mr. H attempted to sell trained K-9’s to the White Mountain Police Department. He had identified himself in the paperwork he filled out that he was a Police Officer with the Maricopa County Sheriff’s Office. In reality, he was only a Volunteer Posse Member. His partner, the Sergeant, was subsequently terminated from the White Mountain Police Department. Mr. H was charged with felony Impersonating a Police Officer per Arizona Revised Statute ARS 13-2411(A).

We were able to convince the Prosecutor that this was really his partner’s idea. The paperwork was also filled out by the former Sergeant. The Sergeant had convinced Mr. P that his Posse status was the same as being a POST Certified Police Officer. Eventually, the Prosecutor dismissed all charged against Mr. H.

January 3, 2016
Posted on Author By dmcantor Categories 100Q Criminal Impersonation Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 5633)

FELONY IMPERSONATING a DOCTOR REDUCED to Class 6 Open/ MISDEMEANOR with PROBATION and ZERO DAYS in Jail – State v. Mr. C (DMC No. 5633) (Maricopa County Superior Court CR2005117450): Mr. C had been walking around the Thunderbird Samaritan Hospital pretending to be a medical student. Glendale Police were called out, and they made contact with Mr. C. He was wearing scrubs, a lab coat and had a stethoscope around his neck. He admitted to being in the hospital approximately 7 times prior in the doctor’s lounge and the baby nursery area because he was trying to get a feel for what it was like to be a doctor. He was subsequently arrested for Criminal Impersonating pursuant to Arizona Revised Statute ARS 13-2406. We were able to convince the Prosecutor to offer him probation without jail, and eventually the charge was reduced to a misdemeanor. Mr. C has no felony convictions on his record.

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