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July 2, 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, 47N Embezzlement Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 9518)

EMBEZZLEMENT/FRAUD SCHEMES (Percocet from Hospital Pharmacy) and THEFT NOT CHARGED – State v. Mr. G (DMC No. 9518) (Maricopa County Sheriff’s Office Investigated): Mr. G was a nurse at a local hospital who had become addicted to Percocet pain medication. For 2.5 years he had been stealing Percocet from the hospital’s pharmacy. When the hospital ran an audit, they discovered the discrepancy and confronted him. He admitted to everything, and was put in the “Can Do” program, which is a program for nurses who have substance abuse problems. In addition, he was contacted by the Maricopa County Sheriff’s Department and a report was taken. We were able to work with all parties involved in order to keep Mr. G from being charged. He successfully completed his program and no longer has issues with substances.

July 2, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47J Forgery Victories, 47O Identity Theft Victories, 47Q Trafficking in Stolen Goods Victories, Case Victories

State v. Ms. A (DMC No. 9789)

TRAFFICKING and STOLEN PROPERTY ($1,200), IDENTITY THEFT and FORGERY REDUCED to PROBATION with 60 DAYS of DEFERRED JAIL– State v. Ms. A (DMC No. 9789) (Maricopa County Superior Court CR2010-123488): Ms. A had been living with her boyfriend when she stole his gun and sold it to a local pawn shop. When she did this, she used a stolen driver’s license and posed as a different female. Ultimately, the boyfriend reported the gun stolen, and it was traced back to the person whose identity was stolen. This person informed police that her license had been stolen, and they pulled up a videotaped in the pawn shop. The victim immediately recognized Ms. A, and she was charged with Identity Theft, Trafficking and Stolen Property and Forgery. We were able to have all charges reduced to Probation with 60 days of “Deferred” jail. Because she performed well on Probation, the jail was ultimately Deleted, and she did not spend any time in custody.

July 2, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 44 Theft Dismissals, 47N Embezzlement Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. W (DMC No. 7960)

EMBEZZLEMENT/THEFT ($1,500) DISMISSED – State v. Ms. W (DMC No. 7960) (Maricopa County Superior Court CR2007-108698): Ms. W worked for a family care physician’s office that took numerous co-pays. The money from the patients co-pays that were paid in cash were kept in a locked drawer. It was discovered that $1,500 of this money was taken and not deposited into proper accounts. Ms. W was charged with Theft through Embezzlement, and then she retained our services. We were able to show that multiple people had access to that drawer, and just prior to Trial the Prosecutor agreed to dismiss all charges if Ms. W would agree to pay $1,500 to her employer. Ms. W agreed to pay the money, rather than risking going to trial. Ultimately, all charges were dismissed and she no longer was subjected to potential prison time.

July 2, 2015
Posted on Author By dmcantor Categories 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 47Q Trafficking in Stolen Goods Victories, 700 Property Crime Victories, 94 Burglary Victories, Case Victories

State v. Mr. D (DMC No. 9012)

TRAFFICKING AND STOLEN PROPERTY ($67,800), THEFT OF MEANS OF TRANSPORTATION and BURGLARY ALL REDUCED to PROBATION with 6 MONTHS DEFERRED JAIL – State v. Mr. D (DMC No. 9012) (Maricopa County Superior Court CR2009-119368): Mr. D had stolen a trailer along with various all-terrain vehicles from his former landlord. He then painted the trailer and removed the VIN numbers on the vehicles before putting them on Craigslist for sale. The vehicles and trailers were ultimately purchased, and then it was discovered they were stolen during the titling process. Mr. D was contacted by police and arrested. His wife admitted to Mr. D’s crimes, and also the police pulled up video surveillance from a local U-Haul storage facility showing Mr. D with the trailer and vehicles. Although the original Victim and State Farm Insurance company sought prison time, we were able to convince the Judge to give Mr. A 6 months of “Deferred” jail which was later Deleted after he had paid back full restitution. Mr. D originally was looking at years in prison.

July 2, 2015
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 36 Prostitution / Solicitation Dismissals, 38 Miscellaneous Sex Crimes Victories, 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. L (DMC No. 9580)

ILLEGAL CONTROL of an ENTERPRISE (RICO), ASSISTING a CRIMINAL SYNDICATE, MONEY LAUNDERING, MAINTAINING a HOUSE of PROSTITUTION and PROSTITUTION all DISMISSED – State v. Ms. L (DMC No. 9580) (Maricopa County Superior Court CR2009-172651): Ms. L worked at an Asian owned massage parlor in Scottsdale, Arizona. Scottsdale PD had received calls that the massage parlor was operating as a house of prostitution. They had sent in several undercover officers who negotiated sexual contact in exchange for money. A raid was later conducted on the establishment, and numerous people were arrested.  Almost every employee there was Asian, and Ms. L was accused by one of the detectives of being involved in the organization. We were able to show that Ms. L had a legitimate massage license and attended massage school in California. In addition, we were able to show photo lineups in which the Detectives could not pick out one woman from another as they all “looked alike” according to the Detectives. After a long protracted fight, all charges were dismissed against Ms. L. The main principles involved in the operation, however, went to prison.

July 2, 2015
Posted on Author By dmcantor Categories 1800 Sentence Modification Victories, 300 Sex Crime Victories, Case Victories

State v. Mr. G (DMC No. 8079)

LIFETIME SEX OFFENSE PROBATION (Attempted Child Molest) TERMINATED and CIVIL RIGHTS RESTORED- State v. Mr. G (DMC No. 8079) (Maricopa County Superior Court CR1995-091837): Mr. G was arrested in 1995 and accused of placing his hand on his granddaughter’s vagina two different times, and also having done the same to his daughter. Eventually he pled to an Attempted Child Molestation as a Dangerous Crimes Against Children (DCAC) and was placed on lifetime probation. After undergoing 12 years of treatment with Mountain Valley Counseling, we filed a Motion to Terminate Probation on his behalf. We had him submit to a separate Psychosexual Risk Evaluation, which showed that he was a very low risk to reoffend. This also included a polygraph examination. The judge agreed with our motion and terminated Mr. G’s lifetime probation. In addition, he Reinstated Mr. G’s Civil Rights.

July 2, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47A Mortgage Fraud Victories, 47J Forgery Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 6028)

REDUCED | 8 COUNTS of FRAUD SCHEMES and MORTGAGE FRAUD/5 COUNTS of ID THEFT/7 COUNTS of FORGERY and 1 COUNT of THEFT REDUCED to a SINGLE COUNT of FORGERY with PROBATION and 60 DAYS JAIL – State v. Mr. M. (DMC No. 6028) (Maricopa County Superior Court CR2005-011595): Mr. M. was being accused of being involved in fraudulent real estate loans that included “straw buyers” which resulted in $1.5 million of fraudulent loans.  We were able to show that Mr. M. did not know that the loans were to straw buyers, and that he did not receive any kickbacks from the co-defendants.  The only thing Mr. M. was guilty of was a single count of forgery.  Although he was facing decades in prison, we were able to get the case reduced to a simple probation with 60 days in jail.  The co-defendants were not as lucky.

 

 

July 1, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2A Vehicular Crimes Bench Trial Victories, 908 Phoenix DUI Wins, Case Victories, Maricopa County Superior Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. W. (DMC No. 6565)

COMPLETE ACQUITTAL at BENCH TRIAL | DUI (.081 BAC)  – State v. Mr. W. (DMC No. 6565) (Phoenix City Court 3403327): Mr. W. was observed by a police officer exiting a Taco Bell drive-thru and driving over the curb on the way out to the street.  He was subsequently stopped and processed for a DUI.  He provided a blood test of .081, after he had requested a private call with his lawyer.  Because the police were within 10 feet of Mr. W. during this phone call, we were able to convince the State to dismiss the DWI charge (blood alcohol .081).  At bench trial to the Judge, Mr. W. was found Not Guilty of DUI (driving under the influence).  He has no conviction on his record.

June 8, 2015
Posted on Author By dmcantor Categories 1100 Partial Jury Trial Acquittals, 16E Unlawful Flight from Police Victories, 2 DUI / Vehicular Crime Jury Trial Partial Acquittals, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v Mr. S (DMC No. 12936)

Not Guilty / Partial Acquittal at Jury Trial – Felony Unlawful Flight from Police Only – State v Mr. S (Jun. 8, 2015) (DMC No. 12936) (Maricopa County Superior Court CR2014-128888):  Mr. S had been out drinking one night, and then had gone through a drive-thru of a local fast food restaurant.  While he was at the drive-thru, he was violently assaulted by another individual who had walked up to his vehicle.  He suffered extensive bruising and lacerations on his face.  He immediately took off out of the drive-thru, and was pursued by his attacker.

An Officer saw him driving very fast and pulled out onto the street to begin pursuing Mr. S.  His attacker then pulled off the roadway and made a right hand turn.  The Officer continued following Mr. S and he eventually pulled him over.  Mr. S did not see the Police vehicle behind him because he had large speakers, which blocked his rear view out his back window.  He was ultimately charged with Misdemeanor DUI and Felony Unlawful Flight from the Police per Arizona Revised Statute ARS 28-622.01.  At Jury Trial, we presented all of the relevant facts involved, along with photographs of Mr. S’s injuries.  The jury found Mr. S Not Guilty of the more serious Felony charge. Although he was potentially facing up to 2 years in prison, he has no felony record thanks to his Acquittal.

June 4, 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, Case Victories, Jury Trial Victories, Lake Havasu City Court Victories

State v. Mr. J (DMC No. 12891)

NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: DUI and DWI (.112 BAC)-State v. Mr. J (DMC No. 12891) Jun. 4, 2015 (Lake Havasu Consolidated City Court MTR2014-03161): Mr. J was traveling southbound on Acoma approaching Daytona Road in Lake Havasu City, Arizona. A Police Officer claimed that Mr. J did not come to a complete stop at a stop sign. He then pulled him over and processed him for a DUI. He subsequently provided a breath sample which showed a .112 BAC.

At Jury Trial, we argued to the Jury that the stop was questionable (ie. “Pretext” stop). We also pointed out that Mr. J had acid reflex which could cause a mouth alcohol issue and falsely inflate his breath reading. In addition, there was a Radio Frequency Interference (RFI) warning that showed up on the machine 5 minutes prior to Mr. J’s breath test. Lastly, he asked to be released to get an Independent Blood Test, and was instead booked into Jail and only given a phone book. We argued that the Police Officer knew that he must be released to get the test because no hospital nurse will show up to the jail. The Jury deliberated for about 1 hour and found Mr. J Not Guilty of all charges.

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