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August 16, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 95 Trespass Victories, 97 Property Crime Jury / Bench Trial Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 5886)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | FELONY AGGRAVATED ASSAULT/TRESPASS – State v. Mr. W. (DMC No. 5886) (Maricopa County Superior Court CR2005-118677): Mr. W. was a black male who was currently a Sergeant in the U.S. Air Force. He was off duty at the Metro Centre Mall, when police officers came up and told him to leave because the mall was closed. He indicated that he was talking to some girl’s, and he would be leaving momentarily. The Officers became upset and threatened Mr. W. with a taser and charged him with aggravated assault and criminal trespassing. At trial, we were able to show through witnesses that the police overreacted and were treating Mr. W. as if he were a gang member. The Judge found Mr. W. not guilty of all charges.

August 16, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 47A Mortgage Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H (DMC No. 8231)

MORTGAGE FRAUD ($400,000) NOT CHARGED – State v. Mr. H (DMC No. 8231) (Tempe Police Department DR No. 06-074541): Mr. H owned a small mortgage refinance company which had been writing numerous loans just before the housing market crash. One loan that he wrote was for a Mesa Police Officer. As part of the documents submitted to the underwriters, was a W2 for the Mesa Police Officer showing an income of $10,000 higher than he actually made. It appeared that that document had been altered.

When Mr. H was contacted by Tempe Police, he denied any knowledge of the document being altered. In addition, the loan was for $400,000, yet the house was only worth $310,000. We had Mr. H submit to a polygraph test, which he passed. We then presented this information as we sat down with Tempe Police, and they declined to file any charges against Mr. H. Mr. H could have been facing years in prison, along with the loss of his Securities License if he would have been convicted.

August 16, 2015
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 2100 Superior Court Victories, Case Victories, Pima County Superior Court Victories

State v. Mr. S (DMC No. 1157)

CONVICTION REVERSED | ARMED ROBBERY

State v. Mr. S. (DMC No. 1157) (Pima County Superior Court No. CR0143582): Mr. S. has been involved in drugs and various other unhealthy activities which led him and his girlfriend to be arrested and convicted for robbing a convenience store. Because of Mr. S.’s prior criminal convictions, he was sentenced to 35 years to life in prison. Although he had already spent 17 years in prison when we received the case, we were able to show that his trial counsel had a conflict of interest when representing both Mr. Smith and his girlfriend. The Court agreed, and his conviction was reversed. The State chose not to re-try Mr. S., and he did not return to prison (saving him from another 18 years to life in prison).

For more information on appealing a conviction in Arizona, please call our office at (602) 307-0808.

August 15, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 500 Assault / Violent Crime Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

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

REDUCED TO MISDEMEANOR THEN FOUND NOT GUILTY AT BENCH TRIAL – Aggravated Assault Against a Police Officer, State v. Mr. H. (City of Phoenix No. 20029032115CR): Mr. H. was at a party when shots were fired and police were called. When the police arrived, numerous people were throwing beer bottles at them. One officer indicated he saw Mr. H. throw a 12 oz. beer bottle towards the officers. The suspect was seen getting into a vehicle with 2 other people. When Mr. H. was contacted by police, he denied ever throwing a bottle. Although he was originally charged with Aggravated Assault Against a Police Officer, we were able to convince the Felony prosecutor to route the case to the Phoenix City Court for Misdemeanor Charges. While at the City Court, the prosecutor was seeking 30 days in jail. We had numerous witnesses who could attest that Mr. H. did not throw the beer bottle. At a trial to the court on the misdemeanor, he was found Not Guilty, and all charges were dismissed.

August 15, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 700 Property Crime Victories, 73 Resisting Arrest Dismissals, 73-74A Resisting Arrest Victories, 90 Criminal Damage Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A (DMC No.)

DISMISSED | RESISTING ARREST/CRIMINAL DAMAGE – State v. Mr. A. (Maricopa County Superior Court No. 0101602FE): Mr. A. was arrested for an alleged DUI violation in which his breath alcohol content was a .103. As he was being arrested, police claim that Mr. A. became angry and slammed his head into the cross support pillar of the police vehicle. He was charged with Resisting Arrest and Criminal Damage. Due to the circumstances surrounding the case, we were able to have all charges dismissed by the Maricopa County Attorney’s Office.

August 15, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 47C Racketeering (RICO) / Illegally Conducting an Enterprise (Federal Charge) Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47E Money Laundering (Federal Charge) Victories, 47R Securities Fraud, 900 Pre-Charge Case Victories, Case Victories

U.S. v. Mr. N (DMC No. 7596)

NOT CHARGED | FEDERAL SECURITIES FRAUD/RICO/MONEY LAUNDERING/ BANK and WIRE FRAUD ($636,000) NOT CHARGED due to CIVIL SETTLEMENT – U.S. v. Mr. N. (DMC No. 7596) (FBI Investigated): Mr. N. owned a company which bought investments, fixed income investments, CD’s and bonds from banks and then sold them to various brokers.  Mr. N. was accused of diverting approximately $600,000 of client’s money into a separate account in order to fund a separate business.  We were able to explain to investigators that this was a “civil” issue, and not a criminal issue.  We also resolved a civil law suit filed by a large investor, by making sure that all monies were returned to proper accounts.  Mr. N. had been facing a large amount of prison time, along with the loss of his Securities licenses until we got involved.  Ultimately, all law suits were dropped, no charges were brought against Mr. N. and his licenses were left intact.

August 15, 2015
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 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, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, City Court Victories, Goodyear City Court Victories

State v. Mr. J (DMC No. 5201)

DISMISSED AT BENCH TRIAL/NOT CHARGED | AGGRAVATED ASSAULT/ASSAULT – State v. Mr. J. (DMC No. 5201) (Goodyear Municipal Court CR2004-00251): Mr. J. and his wife were going through marital problems when he came home to tell her that he was filing for divorce. They reconciled and he spent the night together. As he got up in the morning, he decided that he was going to follow through with the divorce, and he went into the garage to pack his tools. There, his wife met him and began attacking him. He swung around with one of his tools and struck her in the head by accident. We were able to convince the Maricopa County Attorney not to file Aggravated Assault charges with a Deadly Weapon (which would have exposed him to 5 to 15 years in prison), and instead he was charged as a misdemeanor. We set the case to trial, and on the date of the bench trial the State was unable to proceed due to witness issues, and the case was dismissed.

August 15, 2015
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. T (DMC No. 9738)

REDUCED (ALL) | 2 COUNTS of FRAUD SCHEMES ($1.5 million dollars)/8 COUNTS of THEFT and 1 COUNT CONSPIRACY all REDUCED to SOLICITATION with PROBATION and ZERO DAYS JAIL – State v. Mr. T. (DMC No. 9738) (Maricopa County Superior Court CR2009-007971): Mr. T. and co-defendants developed a condominium resort in Rocky Point, Mexico by the name of “The Pointe”.  They began selling the condominiums in Arizona without the proper Arizona Department of Real Estate disclaimer.  After they collected approximately $1.8 million dollars, they could not secure financing to finish the project.  Approximately $1.5 million dollars of that money was spent and could not be recovered.  We were able to show the Prosecutor and the court that there was no real criminal intent on Mr. T.’s part, and that he was making great strides to pay back the restitution.  He was ultimately only given a single count of “solicitation of theft” with probation and zero day’s jail.  The co-defendants were not as lucky.

 

August 15, 2015
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 2100 Superior Court Victories, Case Victories, Pima County Justice Court Victories

State v. Mr. C (DMC No. 9441)

CONVICTION REVERSED | SEXUAL CONDUCT WITH A MINOR – State v. Mr. C. (DMC No. 9441) (Pima County Superior Court No. CR2007-2716): Mr. C. had been accused of molesting his step-granddaughter (who was adopted). He used a Court-appointed attorney and was convicted and sentenced to 13 years in prison. We were able to show that the prosecutor had improperly struck jurors who were similar to Mr. C. (i.e., older white males), in violation of Batson v. Kentucky, and the Court of Appeals reversed his conviction. When the case came back, we were able to point the multitude of flaws in the State’s evidence, and the prosecution decided not to re-try Mr. C. Although he had spent 20 months in jail, this was far short of the 13 year conviction he had previously received.

To learn more about the penalties in Arizona for Sexual Misconduct with a Minor or to speak with an Arizona Appeals Lawyer, please call our office at (602) 307-0808.

August 14, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 700 Property Crime Victories, 90 Criminal Damage Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No.)

DISMISSED | Felony Criminal Damage – (Maricopa County Superior Court No. 2002097364CR): Mr. H. was charged with Criminal Damage after allegedly driving on a dirt road in the middle of the desert and striking a Palo Verde tree. This particular tree was smack in the middle of the dirt road, and the road split and went around each side of the tree. Because police believed he was intoxicated at the time, and he had a prior felony conviction, they charged him with Felony Criminal Damage. Even though his public defender had plead him to a couple of years in prison based on this charge, we were able to withdraw the plea, do an extensive investigation and have the charges dismissed entirely by the Maricopa County Attorney’s Office.

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