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January 2, 2016
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Ms. T. (DMC No. 5000)

(2 Counts) CHILD NEGLECT DISMISSED – State v. Ms. T (DMC No. 5000) (Peoria City Court CR2004-000920): Ms. T was in a custody battle with her ex husband, and she was the primary care giver of her 10 year old, 4 year old, and 2 year old. She had to leave at 6:00 PM to go to a work function, and when she called in at 6:40 PM to see how the children were doing, the Police were present. Her ex-husband had spoken to the 10 year old son and called the Police claiming that Ms. T was neglectful for leaving the kids home alone. When Ms. T arrived at the household, the Police cited her with (2 Counts) of Child Neglect per Arizona Revised Statute ARS 13-3619. We were able to explain to the Prosecutor that leaving a 2 year old and 4 year old in a 10 year old’s care for 40 minutes should not rise to the level of Child Neglect. The Prosecutor agreed to Dismiss All Charges if Ms. T remained law abiding for 6 months and attended a Parenting Class. She complied, and she has no conviction on her record.

January 2, 2016
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, 86D Acquisition of a Narcotic Drug Victories, Case Victories, San Tan Justice Court Victories

State v. Ms. W (DMC No. 9176)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL| ATTEMPTED ACQUISITION of PRESCRIPTION DRUGS – State v. Ms. W (DMC No. 9176) (San Tan Justice Court JC2009-105189): Ms. W had taken medications for seizures. Medications included Tramadol, Alprazolam, Ambien, in addition to her anti-seizure medication. She had taken Ambien and had then gone to the pharmacy in order to refill her prescription. The pharmacist described her as acting like a “zombie”. When the Police were called out, they found that she was attempting to fill her prescriptions too early. They then cited her with Attempted Acquisition of Prescription Drugs Per Arizona Revised Statute ARS 13-3406(A)(6).

We set the case to Bench Trial, and presented evidence of numerous witnesses that it appeared that Ms. W was in fact sleep walking while under the influence of Ambien. One of the witnesses was a Registered Nurse who also was employed at one of the local hospitals. After all evidence was presented to the Judge, he found her Not Guilty of All Charges.

January 2, 2016
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 101 Misc. Crimes Jury/Bench Trial Victories, 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 800 Miscellaneous Crime Victories, Case Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. R (DMC No. 8395)

NOT GUILTY/ COMPLETE ACQUITTAL at BENCH TRIAL| CONTRACTING WITHOUT a LICENSE (with a PRIOR CONVICTION) – State v. Mr. R (DMC No. 8395) (Phoenix City Court No. 3821911): Mr. R had previously been convicted of Contracting Without a License. He began dating a married woman who lent him money to pay off his previous fines and fees for that case. She asked if he would do her a favor and do some handyman work around her house since she had loaned him the money to pay off his previous fines and fees. He agreed to do so, even though he was going to pay back the loan. When the husband found out about the affair, he turned in Mr. R and Mr. R was charged with Contracting Without a License under Arizona Revised Statute ARS 32-1151.

At Bench Trial, we were able to show the Judge that the work he was performing on the house was of a handyman nature. We also showed that he was not paid for that work. Lastly, we showed that the woman’s husband was upset about the affair, and that’s why these claims were made in the first place. The Judge did not believe the State’s evidence, and Mr. R was found Not Guilty of all charges.

January 2, 2016
Posted on Author By dmcantor Categories 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, McDowell Mountain Justice Court Victories

State v. Mr. W. (DMC No. 10325)

(5 Counts) UNLAWFUL POSSESSION of RESTRICTED WILDLIFE; (5 Counts) UNLAWFUL PURCHASE of RESTRICTED WILDLIFE, (1 COUNT) TAKING WILDLIFE WITHOUT a LICENSE and (1 COUNT) POSESSION of UNLAWFULLY TAKEN WILDLIFE REDUCED to PROBATION with ZERO DAYS in Jail and a $500 FINE – State v. Mr. W (DMC No. 10325) (McDowell Mountain Justice Court JC2011-137943): Mr. W had been buying and collecting Diamondback Rattlesnakes and Sidewinder Rattlesnakes. He was also trading and selling them on the internet. Officers conducted a “sting” operating in which they posed as buyers and sellers. They then contacted Mr. W and “set him up”. He was ultimately charged with Unlawful Possession of Restricted Wildlife per Arizona Revised Statute ARS 17-309(A)(1), and Purchase of Restricted Wildlife under Arizona Revised Statute ARS 17-309(A)(2). 2 other Counts of Taking Wild Life without a License per ARS17-331(A) and Possession of Unlawfully Taken Wildlife under Arizona Revised Statute ARS 17-309(A)(17) were also charged. We were able to have all 12 charges reduced to a single count of taking Wildlife Without a License, which included a $500 fine and zero days in jail.

January 2, 2016
Posted on Author By dmcantor Categories 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Arrowhead Justice Court Victories, Case Victories

State v. Mr. W and Ms. B (DMC No. 10935;10941)

FELONY ANIMAL CRUELTY DISMISSED – State v. Mr. W and Ms. B (DMC No. 10935; 10941) (Arrowhead Justice Court JC2011-146451; JC2011-146451): Mr. W and Ms. B were husband and wife who volunteered to foster sick animals for the Arizona Humane Society. These were animals that were too weak or sick to be kept on the Humane Society’s floor. Three puppies were brought to their house and were cared for for 6 days. Ms. B heard one of the dogs whimpering, and she came into her kitchen to find one puppy near death, and another one severely injured. She assumed her own German Sheppard got into the kitchen and attacked the puppies.

Subsequently, both husband and wife were interrogated by Maricopa County Sheriffs Officers and they were arrested and charged with Felony Animal Cruelty per Arizona Revised Statute ARS 13-2910. We were able to show that Ms. B had called the Humane Society’s hotline 8 separate times (without success) in order to get help and instructions prior to taking the animals into the 24 hour Emergency Animal Hospital. The Prosecutor agreed that the charges were excessive, and they were ultimately dismissed.

January 2, 2016
Posted on Author By dmcantor Categories 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 5624)

FELONY COCKFIGHTING REDUCED to MISDEMEANOR SOLICITATION with ZERO DAYS in Jail – State v. Mr. P (DMC No. 5624) (Maricopa County Superior Court CR2005-008753): Maricopa County Sheriffs Officers received a call of a residence holding cockfights in Phoenix, Arizona. When they arrived, they pulled over a vehicle that was leaving and noticed that the people inside had blood on their clothes and several injured roosters in the back of their vehicle. Those people pointed to the house and informed them that Mr. P was running a cockfighting ring. When Mr. P was contacted, he allowed the Officers to search the house. They found over 90 roosters, with some of them being injured. Mr. P did admit that he was holding cockfights at his house. He was charged with Felony Cockfighting per Arizona Revised Statute ARS 13-2910.03. Because of his cooperation, we convinced the Maricopa County Attorney’s Office to reduce his charge to a Misdemeanor “Solicitation” with probation and zero days in Jail.

January 2, 2016
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 100V Escape Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 7700)

FELONY ESCAPE, FELONY AGGRAVATED ASSAULT on a POLICE OFFICER and FELONY RESISTING ARREST REDUCED to MISDEMEANOR with ZERO DAYS in Jail – State v. Mr. D (DMC No. 7700) (Maricopa County Superior Court CR2007-158714): Mr. D was a student at ASU and was tailgating in an ASU parking lot prior to a football game. He was seen carrying a closed beer, and an Officer asked him his age. He put the beer in his pocket and then the Officer spun him around, cuffed him and threw him to the ground. Mr. D then got up and ran a short distance before he was tackled and held by Police. He was subsequently charged with Felony Escape per Arizona Revised Statute ARS 13-2503, Felony Aggravated Assault on a cop per Arizona Revised Statute ARS 13-1204(8)(A), and Felony Resisting Arrest per Arizona Revised Statute ARS 13-2508. We were able to show the Prosecutor that he never actually “resisted arrest” or fought with the Officer, and that he was only scared when he got up and ran. They agreed to reduce his charge to simple Misdemeanors with no days in Jail. Because he had no felonies on his record, he was allowed to remain at ASU.

January 2, 2016
Posted on Author By dmcantor Categories 100V Escape Victories, 118 Miscellaneous Crime Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M. (DMC No. 6645)

FELONY ESCAPE NOT CHARGED – State v. Mr. M (DMC No. 6645) (Scottsdale Police Department No. 06-19488): Mr. M was pulled over in the City of Scottsdale at Thomas and Hayden Roads for allegedly slamming on his brakes at a red light. He then “peeled out” and made a right turn. Officers pulled him over and conducted a DUI investigation. He produced a BAC of .194 on a Portable Breath Test. Afterwards, as he was told he was being placed under arrest, he stated “I think I’m going to run”, and then he ran from Officers. He was subsequently tackled and arrested for DUI and Felony Escape per Arizona Revised Statute ARS 13-2502. We were able to convince the Prosecutors to not charge the Felony Escape, and simply keep the DUI at the City Court level. Although he had to deal with a DUI, no felony charges were ever placed on his record.

January 2, 2016
Posted on Author By dmcantor Categories 100P Furnishing Alcohol to a Minor Victories, 100R Contributing to the Delinquency of a Minor Victories, 118 Miscellaneous Crime Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M. (DMC No. 5265)

CONTRIBUTING to the DELINQUENCY of a MINOR and FURNISHING ALCOHOL to a MINOR NOT CHARGED – Stave v. Mr. M (DMC No. 5265) (Maricopa County Sheriff’s Office DR No. 2004-072428): Mr. M and his friend went to a Diamondbacks baseball game. An undercover Detective observed Mr. M and his friend walking with beers in the upper level of the stadium. The Detectives stopped them because he felt they “looked too young”. They were subsequently taken to the Security in the basement of the ballpark and both were given breath tests which showed a .19 and .16 BAC, respectively. Mr. M was subsequently charged with Contributing to the Delinquency of a Minor per Arizona Revised Statute ARS 13-3613(A), and he was charged with Furnishing Alcohol to a Minor per Arizona Revised Statute ARS 4-244.9.

Because the stop was based upon a visual estimation only, and the fact that Mr. M was almost 21 years old, we were able to convince the Prosecutor to not press charges. This was due to the fact that there was No Reasonable Suspicion to stop these gentlemen. Mr. M has no conviction on his record.

January 2, 2016
Posted on Author By dmcantor Categories 100P Furnishing Alcohol to a Minor Victories, 100R Contributing to the Delinquency of a Minor Victories, 118 Miscellaneous Crime Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. D. (DMC No. 4688)

FURNISHING ALCOHOL to a MINOR and CONTRIBUTING to the DELINQUENCY of a MINOR NOT CHARGED – State v. Mr. D (DMC No. 4688) (Skyline High School Resource Officer Investigated): Mr. D was a student at Skyline High School in Mesa. The principle and Security Guard had received information that Mr. D had purchased alcohol for other minors, placed the alcohol in backpacks and put it in his car. When they questioned Mr. D, he gave them permission to search his vehicle. No alcohol was found, but the Principle and the School Resource Officer had received information that other kids had gone to his car while he was in with the Principle and removed the Vodka.

We contacted the School Resource Officer and convinced him to not file charges regarding Furnishing Alcohol to Minors under Arizona Revised Statute ARS 4-244.9, nor to file charges regarding Contributing to the Delinquency of a Minor under Arizona Revised Statute ARS 13-3616(A). Due to the lack of physical evidence, combined with the unreliability of the other student’s statements, he agreed. No charges were ever brought against Mr. D.

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