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July 6, 2015
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 8653)

POSSESSION of MARIJUANA (327 Pounds) for SALE REDUCED to CONSPIRACY to POSSESS (Class 6 Open/Misdemeanor) with PROBATION and ZERO DAYS in JAIL- State v. Mr. D (DMC No. 8653) (Maricopa County Superior Court CR2008-151152): Mr. D was an “Over the Road” trucker who was passing through Phoenix, Arizona who was stopped for an alleged safety inspection. He was also questioned by Officers and was not free to leave, and he was not read his Miranda rights. It also appears he was coerced into given consent to the search of his vehicle, in which 329 pounds of Marijuana was found. He invoked his Right to Remain Silent and he was immediately charged with Possession and Transportation of Marijuana. We spotted issues and filed Motions regarding No Reasonable Suspicion to Stop, Coerced Search, and Pre-Text stop. With negotiations with the Prosecutor, they agreed to reduce the charge down to Conspiracy to Possess (Class 6 Open/ Misdemeanor) which included Probation and zero days in jail. Mr. D was on Probation for 2 years, successfully completed his Probation and his case became a Misdemeanor. He has no Felony convictions on his records. He originally was facing mandatory Prison time.

July 6, 2015
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. and Ms. S (DMC No. 8279 and, 8280)

MOTION to CORRECT RECORD to REFLECT DISMISSAL of ALL CHARGES (Child Abuse) GRANTED- State v. Mr. and Ms. S (DMC No. 8279 and, 8280) (Maricopa County Superior Court CR2002-094047): Ms. S had entered into a Diversion Dismissal/ Deferred Prosecution Agreement with the state in 2001. She successfully completed probation and the case should have been dismissed. However, the data base showed that the case was either pending or Ms. S had been convicted. We filed a Motion to Clarify Record/ Motion to Dismiss on behalf of Ms. S, and that motion was Granted and all charges were permanently Dismissed regarding Ms. S.

July 6, 2015
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, Maricopa County Superior Court Victories

State v. Ms. A (DMC No. 8152)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT- State v. Ms. A (DMC No. 8152) Jul. 30, 2008 (Maricopa County Superior Court No. CR2007-008596): Ms. A was brought into an emergency room with an ongoing medical condition. She was on multiple medications and as she was coming back to consciousness, a Nurse began to hold her down in order to take some measurements. Ms. A began flailing and kicked the Nurse in the chest, causing injury. Because the Nurse was a medical professional, and she felt an Assault had occurred, Ms. A was charged with a felony.

At trial we presented medical evidence showing that Ms. A had a neurological condition. We also showed that she goes into seizures which can cause convulsions. This evidence, along with her testimony about her disoriented state, helped provide enough proof that the Judge found Ms. A Not Guilty of all charges.

July 6, 2015
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, Pinal County Superior Court Victories

State V. Mr. S (DMC No. 6525)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT – State V. Mr. S (DMC No. 6525) Oct. 18, 2006 (Pinal County Superior Court CR2006-00186): Mr. S was a prison guard at the Florence State Prison who was present when one inmate began assaulting another inmate. This particular inmate was violent and had previous history with mental institutions. As the fight was being broken up, a Lieutenant came in and became very upset. After leg restrains and hand restrains were placed on the inmate, the Lieutenant beat the inmate so badly that he had multiple broken bones and needed reconstructed surgery.

The Lieutenant instructed all of the guards (including Mr. S) to give a false story. He also erased the video tape of what had occurred. Several weeks after the incident, the guards began telling the truth to the Internal Affairs Department. Mr. S was charged, even though he never struck the inmate. After a 2 day Bench Trial, involving numerous witnesses, we were able to show the Judge that Mr. S simply stood by as ordered by his superiors. He never partook in the actual Assault on the Inmate. The judge returned a verdict of Not Guilty on all charges.

July 2, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47G Extortion Victories, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 79J Harassment Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 9286)

EXTORTION NOT CHARGED; NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: HARASSMENT – State v. Mr. S (DMC No. 9286) Jan. 27, 2010 (McDowell Mountain Justice Court JC2009-107805): Mr. S had done some electrical contracting work for a neighbor across the street. The neighbor had not paid him approximately $2,300, and Mr. S went over to speak with the neighbor about it. The neighbor’s house was currently in Escrow to be sold, and Mr. S allegedly stated that if he didn’t get his money he was going to contact the buyer and make sure that “the sale did not go through”. Initially Detectives were investigating Mr. S for a Theft by Extortion charge, however the prosecutor’s office declined to file those charges. They did, however file a charge of Harassment. We went to Bench Trial and presented all evidence and cross examined the state’s witnesses. After the state had finished their case and then rested, we moved for a “Directed Verdict” judgement, and the Judge agreed. The case was Dismissed on the spot at that point.

July 2, 2015
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Case Victories

U.S. v. Mr. P (DMC No. 7645)

POSSESSION with INTENT to DISTRIBUTE 500 GRAMS OR MORE of COCAINE (with prior conviction for distributing 5 kilos of Cocaine) REDUCED to PROBATION with 1 YEAR and a DAY in PRISON – U.S. v. Mr. P (DMC No. 7645) (United States District Court, District of Arizona CR05-00520-001-PHX-ROS): Mr. P had done prior prison time for selling 5 kilos of Cocaine and also producing Crack Cocaine for sale. Although he had done well in prison and was drug free when he got out, he slid back into a drug addicted life style. A package he had sent containing over a half of kilo of Cocaine through the United States mail was intercepted and Mr. P was charged. We were able to negotiate a plea with the Prosecutor and present large amounts of Mitigation. Originally Mr. P was facing 4 years to life in prison, and then up to 5 years in prison per the plea agreement. We were able to have the first Judge removed from the case due to a Conflict of Interest, and the second Judge sentenced Mr. P to Probation with 1 year and a day in prison. He is now out of prison and living a successful life with his wife and children.

July 2, 2015
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 8081)

TERRORISM; AGGRAVATED ASSAULT DANGEROUS (with a knife); KIDNAPPING and MISCONDUCT with WEAPON (gun) all REDUCED to AGGRAVATED ASSAULT (Non Dangerous) and KIDNAPPING with 2.5 YEARS in PRISON – State v. Mr. C (DMC No. 8081) (Maricopa County Superior Court CR2007-030014): This was a high profile case in which the domestic terrorism statute was used for the first time. The Maricopa County Attorney at the time – Andrew Thomas (who is now disbarred) used this charged to gain national media attention. We handled the case, and it was featured on ABC’s Good Morning America.

Mr. C was a high school student who had been going through various depressive episodes and was on medication. One day while walking to school, he grabbed a girl from his class and held a knife to her throat and made threats. He then let her go and went home. When police arrived at his house, he was sitting in his house playing video games and he had a back pack next to him which had a gun.  He had told officers how he had been bullied and how he wanted to go to school and shoot everyone. Andrew Thomas then saw his opportunity to charge this as a Terrorism case against a 15 year old boy. Because Mr. C had committed an Aggravated Assault with a dangerous weapon, he was facing a mandatory minimum of 5 to 15 years in prison on that charge alone. The Kidnapping charge carried additional potential prison. Through numerous Settlement Conferences in which we presented evidence of Mr. C’s psychological state, and with added pressure from the citizens of Arizona, Andrew Thomas lowered his offer from 7.5 years in prison to 2.5 years in prison. With good behavior, Mr. C was out after 23 months. This case is a classic example of how a power hungry prosecutor can misuse the law for his own purposes to further his political career. In the end, Andrew Thomas was disbarred for other instances of his Abuse of Power.

July 2, 2015
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, 911 Tempe DUI Wins, Case Victories, Jury Trial Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. P (DMC No. 12923)

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL| SUPER EXTREME DWI (.257 BAC), EXTREME DWI, DUI & DWI – State v. Mr. P (DMC NO. 12923) Jul 2, 2015 (Tempe City Court Case No. 14-036979): Mr. P was seen at The Brickyard’s area in Tempe by a Security Guard urinating inside the parking garage, and when confronted he was told to go to Jack in the Box. He apologized for his behavior and approximately 40 minutes later, the same Security Guard saw Mr. P asleep in his vehicle in a parking spot with the engine running and the air conditioner on. Police arrived and it took them several attempts to awake Mr. P.

Once he was taken to the station, he provided a blood test which revealed a .257 BAC. We presented evidence to the Jury that the State lacked proof of “Actual Physical Control” (APC). We proved that Mr. P was merely using his vehicle as “temporary shelter,” and was not actually operating his vehicle. The State argued that because his engine was on, this constituted “Driving”. The Jury did not buy the State’s argument, and Mr. P was found Not Guilty of All Charges. He was originally facing a minimum of 45 days in Jail if convicted.

July 2, 2015
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 93 Arson Victories, Case Victories

State v. Mr. Z (DMC No. 9614)

ARSON NOT CHARGED – State v. Mr. Z (DMC No. 9614) (Chandler Police Department Investigated):  Mr. Z was a 13 year old Junior High student who befriended an older high school girl. They broke into an abandoned foreclosed home, and started a fire inside the house. After the house had filled with smoke, they heard a knock at the door and they ran out the back. They were followed by a man in a pickup truck, and Chandler PD was called in. Chandler Police Department interviewed Mr. Z, on two separate occasions, and he admitted to being with the girl who started the fire. We became involved and were able to present evidence that Mr. Z had various psychological issues and was on medication. In addition to that, his youthful age also helped convince the Police Department to not file criminal charges against Mr. Z. This was a matter that his parents could handle.

July 2, 2015
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 93 Arson Victories, 97 Property Crime Jury / Bench Trial Victories, Case Victories

State v. Mr. T (DMC No. 7572)

ARSON, RECKLESS BURNING and CRIMINAL DAMAGE DISMISSED – State v. Mr. T (DMC No. 7572) (Maricopa County Juvenile Court JV-857561): Mr. T was a 15 year old boy who had previously been charged with Arson, but after completing safety classes the charges were dismissed. On the newest incident, police were called to his home when a fire had started in his bedroom. He was also questioned and made partial admissions to two vehicles being lit on fire in the neighborhood. He ultimately admitted that he had a problem with fire, and he was charged in the Juvenile Court system. Because there were issues with his questioning without his parents being present and not being read his Juvenile Miranda Rights, we were able to negotiate a Diversion Dismissal Agreement which allowed Mr. T to do Probation while he was taking classes and receiving counseling. Ultimately, he successfully completed counseling and he has no convictions on his record.

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