CHILD MOLESTATION (DCAC) and SEXUAL ABUSE NOT CHARGED – State v. Mr. O (DMC No. 8683) (Phoenix Police Department Investigated): Mr. O’s son was in the process of getting a divorce when Mr. O was babysitting his granddaughter. His 12 year old granddaughter later told her mother that Mr. O had touched her and another one of her friends in her vaginal area. Police questioned Mr. O and then we were retained in order to defend him. We had a polygraph administered on Mr. O, which he passed, and we interviewed the 12 year old’s Doctor. The Doctor found that there was never any indication that Mr. O had molested her, and there was some questionability as to whether she was attempting to live with her mom after the divorce. We turned over all of our evidence to Detectives and they agreed that the girl’s allegations were suspect, and it appeared that they were simply trying to live with the girl’s mother, rather than with her father and/or grandfather. If Mr. O would have been charged and convicted of molesting two separate victims under the age of 14, he would have been facing a Dangerous Crime Against Children aggravator which could have resulted in a minimum of 40 years in prison.
March 17, 2015
NOT GUILTY/ COMPLETE ACQUITTAL at JURY TRIAL: SUPER EXTREME DWI (.214 BAC) EXTREME DUI, DUI and DWI – State v. Ms. W (DMC No. 12692) Mar. 17, 2015 (Scottsdale City Court TR2014-015549): Ms. W was a passenger with a friend who was driving on 2nd Street between Goldwater Boulevard and 68th Street in Downtown Scottsdale. A Police Officer was seen up ahead, and the friend pulled the car over “because he was really drunk”, and didn’t want to get in trouble. Ms. W got out the car and walked to the driver’s side and got in while the driver slid over to the passenger seat. While she was sitting in the car, the engine was on and the air conditioner was on (it was the height of summer). She got on her cell phone to call to have a ride come pick them both up.
The Police contacted Ms. W and arrested her for DUI and underage drinking and driving. They claim that she was in “Actual Physical Control” (APC) of the vehicle. At Jury Trial, we presented evidence that Ms. W was merely using the car as “temporary shelter” until her ride would arrive. The Jury agreed that she was not actually operating the car, and she was found Not Guilty of these charges.
March 16, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 114 Theft and Fraud Pre-Charge Victories, 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 47M Insurance Fraud Victories, 900 Pre-Charge Case Victories, Case Victories
INSURANCE FRAUD/AUTO THEFT NOT CHARGED – State v. Mr. P. (DMC No. 8525) (Arizona Department of Insurance Investigated): Mr. P had purchased a 1 year old Chevy 4×4 truck with lots of amenities. He had the truck for several months, when it was stolen. He reported the theft to his insurance company and filed a claim. He later received a call from Police stating the vehicle was found in Mexico. When he called his insurance company to inform them, they stated that they were already aware of this and felt that he was involved in the theft of his own vehicle in order to file an insurance claim.
After receiving a letter from the Department of Insurance Investigator, he contacted our office. We were able to show that there was no motive for Mr. P. to steal the vehicle (i.e. He was not in financial hardship, nor was there a mechanical problem with the vehicle), and that he was willing to take a lie detector test. After all documentation was forwarded to the Maricopa County Attorney’s Office, we met with the charging Attorney who agreed that no charges would be filed against Mr. P. We also sent a scathing letter to the Insurance company indicated that if they pursued this further that they would be sued for “bad faith”. Mr. P. has no criminal history.
March 16, 2015
EXTORTION and THEFT NOT CHARGED –State v. Mr. G. (DMC No. 9544) (Peoria Police Department Investigated): Mr. G. worked for an International Insurance company as a Certified Safety Professional. He was terminated from the company due to various personal problems, and then he began leaving various voicemails and emails threatening to harm the company’s business. These threats were based upon releasing confidential information to clients and exposing the company to ridicule. The company then called the Peoria Police Department in order to have Mr. G. charged with Extortion pursuant to Arizona Revised Statute 13-1804. Specifically, they were claiming that he threatened to “expose a secret or an asserted fact, whether true or false, tending to subject them to hatred, contempt or ridicule or to impair their credit or business”, unless he received his job back or a larger severance package. We were able to contact the company’s corporate counsel and inform them that Mr. G. suffered from various anxiety disorders. They agreed not to press charges, and to offer Mr. G. free counseling under their Human Resources department, even though he had already been terminated. Mr. G. was never charged, does not have a criminal record, and is now very happy working for another company.
March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47A Mortgage Fraud Victories, Case Victories, Maricopa County Superior Court Victories
DEFRAUDING A SECURED CREDITOR/MORTGAGE FRAUD ($41,000) REDUCED to CLASS 6 Open/Misdemeanor CRIMINAL DAMAGE (Designated as a MISDEMEANOR at Sentencing) with PROBATION and ZERO DAYS in JAIL. – State v. Mr. C (DMC No. 9569) (Maricopa County Superior Court CR 2010-115555): Mr. C. and his wife had purchased a house that was well beyond their means. This occurred prior to the housing bubble, and when their rates readjusted, Mr. C. could no longer afford the house. Prior to the house going into foreclosure, he sought bad legal advice and was informed that he could remove various fixtures from the house. After he removed $41,000 in fixtures, he then let the house proceed into foreclosure. JP Chase Bank subsequently contacted Police, and Mr. C. was charged for Defrauding a Secured Creditor/Mortgage Fraud. We were able to arrange for most of the items to be returned and secured an offer from the Prosecutor to Criminal Damage Class 6/Open with Probation. At Sentencing we convinced the Judge to designate the case as an outright Misdemeanor, and to waive any Jail time. Because Mr. C. was employed in the tax preparation field, this allowed him to keep his employment due to the fact that there was no Felony on his record.
March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, Case Victories, Maricopa County Superior Court Victories
RICO/ILLEGAL CONTROL of an ENTERPRISE, CONSPIRACY, POSSESSION of NARCOTIC DRUGS for SALE, 5 COUNTS of POSSESSION of DANGEROUS DRUGS, POSSESSION of PRESCRIPTION DRUGS for SALE, POSSESSION of DRUG PARAPHERNALIA and 7 COUNTS of POSSESSION of PRESCRIPTION DRUGS: ALL REDUCED to 1 COUNT of ILLEGAL CONTROL of an ENTERPRISE and 1 COUNT of FORGERY with PROBATION and 9 MONTHS in JAIL. – State vs. Ms. M (DMC No. 9788) (Maricopa County Superior Court CR 2010-006048): Ms. M. became addicted to the prescription drug Oxycodone and Methamphetamine. She became involved with a ring of people who would forge prescriptions and secure drugs from various Pharmacies around the valley. They would then sell these drugs throughout the Phoenix area for a profit. After one of the individuals was arrested, a search warrant was issued and executed on Ms. M’s house. Various drugs and blank prescription pads were found, and then Ms. M. was arrested. She was ultimately charged with 17 counts of criminal activity. We were able to have Ms. M. enrolled in Counseling for her drug addiction, along with Rehab. We then secured an offer from the Prosecution in which they would not allege Ms. M’s prior Felony convictions. She was ultimately given Probation with a 9 month Jail term that included “2 for 1 eligibility”. She ultimately only had to serve 4.5 months in Jail.
March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, 86C Use of a Wire Communication on a Drug Transaction Victories, Case Victories, Maricopa County Superior Court Victories
RICO/ILLEGAL CONTROL of an ENTERPRISE; MONEY LAUNDERING, CONSPIRACY, MISCONDUCT INVOLVING WEAPONS, USE of an ELECTRONIC COMMUNICATION DEVICE in a DRUG TRANSACTION, POSSESSION of MARIJUANA for SALE and POSSESSION of DRUG PARAPHERNALIA: ALL REDUCED to MISDEMEANOR HINDERING a PROSECUTION and MISDEMEANOR USE of a WIRE DEVICE to HINDER PROSECUTION with PROBATION and 8 DAYS in JAIL – State v. Ms. N (DMC No. 8333) (Maricopa County Superior Court CR 2007-007124): Ms. A. lived in a house that was occupied at various times by 7 other co-defendants. She owned the house, and inside of this house there was a large amount of Marijuana and guns. Police obtained a warrant in which they Wire Tapped all of the co-defendants, and then showed up with a physical search warrant. The Police recorded some co-defendants asking Ms. N to “lie to the Police” about who actually was using the residence. Ultimately, a 24 Count Indictment was issued by a Grand Jury Indicting all 7 co-defendants. We were able to demonstrate to the Prosecution that Ms. N. was the least culpable of all of the co-defendants. We eventually secured an offer 2 Misdemeanors which included Probation and 4 weekends of Jail. Originally, Ms. N. had been facing the prospect of over 10 years in Prison.
March 16, 2015
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37 Prostitution / Solicitation Reduced, 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
3 COUNTS of MONEY LAUNDERING; 2 COUNTS of RICO/ILLEGAL CONTROL of an ENTERPRISE and 1 COUNT of KEEPING a HOUSE of PROSTITUTION: ALL REDUCED to FACILITATION with PROBATION and 4 MONTHS in JAIL – State v. Ms. K (DMC No. 9162) (Maricopa County Superior Court CR 2009-006315): Ms. K had worked for an escort service by the name of AZ Confidential. This business had employed multiple escorts who would exchange sexual favors for money and then give AZ Confidential a portion of the cash in exchange for setting up the meetings. After a large and highly publicized raid resulted in the arrest of multiple co-defendants, Ms. K. was charged under the Arizona RICO Statutes for working with a Criminal Syndicate. She obtained our services and we were able to show that even though she was listed 10th out of the 43 co-defendants, she was not nearly as involved as the owners of AZ Confidential. We were able to secure a Plea to the lowest level of Felony of “Facilitation to Commit Illegal Control of an Enterprise”, which included Probation and 4 months of Jail. Ms. K. had originally been facing mandatory Prison time which could have resulted in well over a decade in custody.
March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 600 Drug Crimes Victories, 86 Miscellaneous Drug Crime Victories, 86C Use of a Wire Communication on a Drug Transaction Victories, Case Victories, Maricopa County Superior Court Victories
RICO/ILLEGAL CONTROL of an ENTERPRISE; ASSISTING a CRIMINAL SYNDICATE; CONSPIRACY to COMMIT POSSESSION of MARIJUANA for SALE and USE of a WIRE COMMUNICATION in a DRUG RELATED TRANSACTION: ALL REDUCED to FACILITATION to COMMIT TRANSPORTATION of MARIJUANA for SALE with PROBATION and ZERO ADDITIONAL DAYS in JAIL. – State v. Mr. M (DMC No. 9464) (Maricopa County Superior Court CR 2010-005410): Mr. M was employed as a UPS driver and had become involved with 22 other co-defendants who were shipping Marijuana via UPS. After all defendants were arrested, Mr. M was charged with Assisting a Criminal Syndicate under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show that Mr. M was a very minor player who received low compensation for being involved in this Criminal Syndicate. Because he was not the “King Pin”, we were able to negotiate a deal which reduced all charges to the lowest level Felony of “Facilitation” which included Probation and zero additional days in Jail. If Mr. M were to have been convicted of all charges, he could have potentially spent the rest of his life in Prison.
March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47C Racketeering (RICO) / Illegally Conducting an Enterprise (Federal Charge) Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, 86 Miscellaneous Drug Crime Victories, 86A Manufacturing of Dangerous Drugs Victories, Case Victories, Maricopa County Superior Court Victories
RICO/ILLEGAL CONTROL of an ENTERPRISE; CONSPIRACY; 2 COUNTS PRODUCTION of MARIJUANA (59 Plants) and POSSESSION of MARIJUANA for SALE: ALL REDUCED to ATTEMPTED POSSESSION of MARIJUANA for SALE with PROBATION and ZERO DAYS in JAIL – State v. Ms. M (DMC No. 9458) (Maricopa County Superior Court CR 2009-006134): Ms. M and 3 male codefendants were all living in a residence which maintained a Hydroponic growing facility which produced Marijuana. Officers had responded to a call of a strong odor of Marijuana coming from the residence, and after speaking with the residents a search warrant was issued. Eventually, 59 plants were found along with various Marijuana growing equipment that was valued at over $60,000. She was then charged under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show the Assistant Arizona Attorney General that Ms. M was far less involved than the other co-defendants, and therefore she deserved an offer which included Probation with the ability to argue for zero days in Jail. At sentencing, the co-defendants were given 1 year in Jail, and Ms. M was awarded zero days in Jail. Originally she had been facing mandatory Prison time.