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August 25, 2014
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 86D Acquisition of a Narcotic Drug Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Z (DMC No. 11158)

REDUCED | 11 COUNTS of ACQUISITION of a NARCOTIC DRUG/FACILITATION of ACQUISITION of NARCOTIC DRUG REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. Z. (DMC No. 11158) (Maricopa County Superior Court CR2012-124987): Mr. Z. was accused of taking a prescription pad that belonged to his wife (a Doctor), and using it to write prescriptions to himself for the drug known as “Norco”.  We were able to show that Mr. Z. had become addicted to this drug, and had subsequently enrolled in a treatment program and was no longer using this substance.  Along with a Mitigation Expert, we convinced the Prosecutor to offer a mere Facilitation charge, which included probation and no jail time.  Mr. Z. was originally facing multiple years in prison.

August 25, 2014
Posted on Author By dmcantor Categories 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H. (DMC No. 8827)

NOT CHARGED | ANIMAL CRUELTY NOT CHARGED – State v. Mr. H. (DMC No. 8827) (Maricopa Police Department DR 09-02546): Mr. H. lived with his girlfriend in a house when she was deployed to Iraq.  He had several cats that were indoor/outdoor cats that would come and go through the window while he was living there.  For approximately 3 weeks before he moved out of the home, he had not seen the cats.  He would go back periodically to the vacant home to see if the cats had come to eat cat food and drink water, which was left by the kitchen counter.   He eventually stopped returning to the house.  Roughly 1 month later, as the mortgage company entered the house to do an inspection and put a new lock box on the door prior to foreclosure, the cats were found dead inside of the house.  The Maricopa Police Department attempted to accuse Mr. H. of Animal Cruelty and Neglect, and we were able to convince the Pinal County Attorney’s Office to not file charges.

August 25, 2014
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38B Sexual Abuse Victories, 500 Assault / Violent Crime Victories, 69 Robbery Dismissals, 69-70A Robbery Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. L (DMC No. 8845)

DISMISSED | 2 COUNTS of SEX ABUSE/ATTEMPTED ROBBERY – State v. Ms. L. (DMC No. 8845) (Maricopa County Superior Court CR2007-180326, CR2008-104879): Mr. L. was suffering from undiagnosed mental issues when he walked behind the counter of a store inside of the Phoenician Resort as an employee was counting money.  He grabbed $250 and attempted to leave.  In a second case, he walked into the leasing office of the apartment where he resided, and reached out and touched a Leasing Agent’s breast two separate times.  He was ultimately arrested and charged with 2 counts of Sex Abuse and 1 count of Attempted Robbery.  After sitting in custody for 5 months with his previous attorney, we were hired by his father.  Within 90 days we were able to have a psychological evaluation conducted on Mr. L., and we held a Hearing pursuant to “Rule 11”.  The judge agreed with us that Mr. L. was not competent to stand trial, and all charges were dismissed and he was released from custody.

 

August 24, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Case Victories, El Mirage City Court Victories

State v. Mr. S (DMC No. 8877)

2nd OFFENSE DUI (refusal) DISMISSED – State v. Mr. S. (DMC No. 8877) (El Mirage City Court CR2009-62): Mr. S. was alleged to have rear ended another vehicle at Grand Avenue and Thompson Ranch Road in El Mirage, Arizona and then fled from the scene.   He was found at his house and he appeared to have been drinking.  It also appeared that he was drinking while he was inside of his house.   When he was arrested and asked to provide chemical tests, he refused.  We were able to convince the Prosecutor that they would never be able to prove that he drank before the accident and they agreed to dismiss the DUI.  Because Mr. S. had a prior DUI, he was facing potentially 6 months in jail if he would have been convicted of the DUI due to his prior conviction.

August 24, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Apache Junction City Court Victories, Case Victories

State v. Ms. E (DMC No. 5602)

2nd OFFENSE DUI (refusal) DISMISSED – State v. Ms. E. (DMC No. 5602) (Apache Junction City Court TR2005-00748): Ms. E. was observed rolling through a stop signal the intersection of Winchester Road and Scenic Street in Apache Junction.  When Ms. E. was stopped, she had a 12 pack of been in her car and smelled of alcohol.  She was ultimately arrested and taken to the station to be processed for DUI.  She told the officer she had a DUI from a year earlier, and she refused to take any tests without first speaking to her lawyer.  We were ultimately able to have the case dismissed, and the only charge she was cited for was a Stop Sign violation and a Cancelled License violation.  She was originally facing anywhere from 30 days minimum to 6 months maximum in jail.

August 22, 2014
Posted on Author By dmcantor Categories 24 Child Pornography Dismissals, 24-25A Child Pornography Victories, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 8906)

DISMISSED | 10 COUNTS of SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY DISMISSED– State v. Mr. C. (DMC No. 8906) (Maricopa County Superior Court CR2007-006836): Mr. C. was a 67 year old grandfather who was home when the police raided his house.  They claimed that they had obtained information that Child Pornography was downloaded to a computer within the house.  Mr. C. invoked his right to remain silent, and his wife and grandkids (who lived with him) were interviewed.  Mr. C.’s wife stated that Mr. C. was suffering forms of dementia and that he “did not listen to her”, and she believed he downloaded the images.  He was ultimately charged with 10 counts of Sexual Exploitation of a Minor (Child Pornography) which carried a minimum sentence of 100 years of “day for day” prison time.  Due to various flaws in the case, combined with securing Mr. C.’s medical records, we eventually filed for a “Rule 11” Competency Hearing.  Charges were dismissed based upon Mr. C.’s lack of competency. We also secured assurances from the County Attorney’s Office that if Mr. C. was restored to competency, they would not refile charges.

August 22, 2014
Posted on Author By dmcantor Categories 29 Sexual Assault Reduced, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 9995)

REDUCED | 2 COUNTS SEX ASSAULT/KIDNAPPING REDUCED to ATTEMPT with 3.75 YEARS in PRISON – State v. Mr. B. (DMC No. 9995) (Maricopa County Superior Court 2010-139697): Mr. B. was drinking at a party when he went into another room with a young lady.  There was a second young lady who was passed out on the bed next to them.  He was accused of digitally penetrating the first girl with his finger, before she left the room.  It was then alleged that he went over and had sex with the other girl who was unconscious on the bed.  Because he was accused of not originally letting the first girl leave immediately, he was also charged with Kidnapping along with Sex Assault regarding both women.  He was originally facing 20 to 48 years in prison (day for day), and we were able to present mitigation regarding Mr. B.’s addiction to alcohol.  We eventually secured a sentence to 3.75 years “soft” in prison, in which Mr. B. was released after 2 years and 11 months.

August 22, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 79H Aggravated Harassment Victories, 79J Harassment Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. S (DMC No. 8615)

NOT CHARGED | HARASSMENT – State v. Ms. S. (DMC No. 8615) (Bureau of Land Management Investigated): Ms. S.’s husband worked for the Bureau of Land Management, and she suspected him of having an affair with a co-worker.  She ended up calling the co-worker approximately 50 times in order to dissuade the co-worker from having contact with her husband.  Bureau of Land Management investigators then questioned her, and she then secured our services.  We were able to work with investigators and grant assurances no further phone calls would be made to the co-worker.  They had agreed to not bring any charges against Ms. S.

August 22, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 79H Aggravated Harassment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A. (DMC No. 7769)

AGGRAVATED HARASSMENT REDUCED to class 6 open/Misdemeanor with ZERO DAYS in JAIL – State v. Mr. A. (DMC No. 7769)  (Maricopa County Superior Court CR2007-175166): Mr. A.’s ex-wife secured a valid Order of Protection against Mr. A. she called the police on him when he appeared in her back yard after he had been drinking.  Once he was placed under arrest it was discovered that he had five previous arrests for violating that same Order.  He was ultimately charged with Aggravated Harassment.  Each and every time he had been drinking, he was trying to see his children.  After he enrolled in some counseling and had stopped drinking, we convinced the Prosecutor to reduce the charge to a class 6 “open”, which allowed Mr. A. to earn a misdemeanor at the completion of probation.  In addition, no jail time was imposed against Mr. A.

August 22, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 79H Aggravated Harassment Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M. (DMC No. 7744)

AGGRAVATED HARASSMENT REDUCED to class 6 open/(Misdemeanor at sentencing) with ZERO DAYS in JAIL  – State v. Mr. M. (DMC No. 7744) (Maricopa County Superior Court CR2007-101360): Mr. M. was a well known jazz artist in the City of Phoenix who had been going through fairly high profile divorce.  An Order of Protection was issued from his ex-wife prohibiting him from contacting from her.  He was accused of contacting her multiple times by text and by leaving voice mails.  Due to prior misdemeanor Domestic Violence convictions, Mr. M. was charged with Aggravated Harassment. We were able to show the Prosecutor in court that his ex-wife was using these charges as a tactic to gain an advantage in their custody battle.  He was offered a class 6 “open” felony which was reduced to a misdemeanor immediately at sentencing.  He received zero days in jail.

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