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August 22, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Pima County Superior Court Victories

State v. Mr. B (DMC No. 10671)

AGGRAVATED ASSAULT (class 4 felony) REDUCED to class 6 open/Misdemeanor designated with PROBATION and 60 DAYS in JAIL – State v. Mr. B. (DMC No. 10671) (Pima County Superior Court CR2012-0933): Mr. B. and his fiancé had both been drinking heavily when they engaged each other in an argument.  Mr. B. was alleged to have choked his fiancé to the point of unconsciousness and struck her in the face which, required medical treatment.  He was ultimately arrested and charged with Aggravated Assault.  We were able to present mitigation into evidence to the Prosecutor in court showing that Mr. B. had been under psychiatric care and had recently attempted suicide.  We also showed them that he was now under medication and in ongoing treatment.  The charge was reduced down to a class 6 “open” which became a misdemeanor at the conclusion of probation.  As part of probation, Mr. B. received 60 days in jail.  He was originally facing up to 3.75 years in prison.

August 22, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. L. (DMC No. 7484)

2 COUNTS AGGRAVATED ASSAULT DANGEROUS (shot victim two times) REDUCED to PROBATION with 6 MONTHS of DEFERRED JAIL – State v. Ms. L. (DMC No. 7484) (Maricopa County Superior Court CR2007-120124): Ms. L. and her children’s father were having an argument, when she retrieved a gun and went outside of her residence.  The children’s’ father then came out, and a struggled ensued in which he was shot twice.  Because the baby’s father had a history of domestic violence, and due to the fact that he gave inconsistent statements, we were able to secure an offer from the Prosecutors Office to probation.  We ultimately convinced the judge to defer the 6 months jail term that was imposed, and when Ms. L. successfully completed probation she was not required to do any jail time.  She was originally facing 10 to 30 years in prison if she was convicted on both charges.

August 22, 2014
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, Case Victories

State v. Mr. C (DMC No. 8893) – Trespass Appeal

DENIAL of BUSINESS LICENSE REVERSED on APPEAL – State v. Mr. C. (DMC No. 8893) (License Appeal Board of the City of Phoenix Alarm Business License No. 1210): Mr. C. owned an alarm business and was renewing his license.  The City of Phoenix denied his license based on a prior conviction for Trespass.  They interpreted that conviction to be based on an incident of “physical violence”.  At the Appellate Hearing, we were able to present evidence showing that Mr. C. was not involved in any violent acts, and he should have never been charged with Trespassing.   The City of Phoenix Appeal Board agreed, and they overturned their license denial, and allowed Mr. C. to continue with his business.

August 22, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 7441)

NOT CHARGED/REDUCED | VEHICULAR HOMICIDE HIT and RUN NOT CHARGED/REDUCED to MISDEMEANOR – State v. Mr. M. (DMC No. 7441) (Tempe Police Department DR06-072066/Tempe City Court 06-916379): Mr. M. was a passenger in a vehicle which ran a red light, and struck and killed a Tempe City Police Officer.  After the accident, both the driver and Mr. M. got out of the vehicle and fled.  Mr. M. came back to the scene brief time after and was questioned by police.  In this high profile case, the driver was charged with a Vehicular Homicide, and the Maricopa County Attorney’s Office was deciding whether to charge Mr. M. with Leaving the Scene of a Fatal Accident.  We were able to convince them that they could not meet the required elements to prove a crime, and Mr. M. couldn’t return any quicker to assist in the investigation.  Ultimately, the County Attorney’s Office agreed to route the case to the Tempe City Attorney’s Office for a simple charge of Minor in Consumption of Alcohol.  Mr. M. was originally facing years in prison.

August 22, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. A (DMC No. 11074)

VEHICULAR AGGRAVATED ASSAULT DANGEROUS REDUCED to MISDEMEANOR HIT and RUN/ENDANGERMENT with ZERO DAYS in JAIL – State v. Ms. A. (DMC No. 11074) (Maricopa County Superior Court PF2012-144449001/Phoenix City Court 4583866): Ms. A. was accused of being in a rear end accident at 27th Avenue and Thunderbird.  When both parties got out of the car, one of the alleged victims called Ms. A. “crazy”.  Ms. A. was then accused of getting into her car, making a u-turn and speeding directly towards the other two people who were in the accident.  They dove out of the way, then began following Ms. A. and called police.  When Ms. A. was ultimately pulled over, she was charged with Aggravated Assault Dangerous (which carries 5 to 15 years in prison) and Hit and Run.  We were able to convince the Prosecutors Office to dismiss the felony charges and route the case as only a misdemeanor down to the City of Phoenix Prosecutor’s Office.  She was ultimately plead to a simple misdemeanor Hit and Run and Endangerment, which included zero days in jail.

August 22, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 13 Vehicular Aggravated Assault Dismissals, 13-15 Vehicular Aggravated Assault Victories, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 63-65 Homicide Victories, 65 Homicide Pre-Charge Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 7422)

NOT CHARGED | VEHICULAR HOMICIDE/VEHICULAR AGGRAVATED ASSAULT NOT CHARGED – State v. Mr. S. (DMC No. 7422) (Peoria Police Department Investigated): Mr. S. was accused of exiting a private drive and striking a second vehicle that was travelling at a high rate of speed.  The passenger in the second vehicle was treated for injuries, flown to the hospital and later died.  Mr. S. was subsequently investigated for DUI due to unsteadiness on his feet and an odor of alcohol.  During the pendency of a civil lawsuit, filed by the decedent’s family, we were able to show that Mr. S. had been blocked by a fence from having a clean view of the street he was pulling onto.  In addition, we were able to show that the victim’s vehicle did not have its headlights on.  This was done by examining the filaments of the broken headlights.  Because they were not burned out, this proved that they were not actually “on” at the time of the accident.  Ultimately no criminal charges were brought against Mr. S.   He was originally facing potentially Manslaughter/Negligent Homicide charges along with Aggravated Assault Dangerous charges.  He could have spent decades in prison.

 

June 15, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4C 2nd Offense DUI Victories, Case Victories, Kingman / Cerbat Justice Court Victories

State v. Mr. L (DMC No. 10483)

DISMISSED | 2nd OFFENSE DUI (.115 BAC) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. L. (DMC No. 10483) (Kingman/Cerbat Justice Court TR2011-05827): Mr. L. had been in Laughlin Arizona drinking over the course of several hours when he left to drive back to Kingman.  A 911 caller claimed that he was weaving all over the road, and he was subsequently stopped and given a preliminary breath test which revealed a .154 BAC.  Once at the station, he requested to speak to us, and he called our Firm.  Because he had a prior DUI, we advised him to refuse the test and force the State to obtain a search warrant.  Ultimately, a warrant was obtained which revealed a .115 blood test.  We also told him to request a private phone call and to be released to obtain his independent blood test at a hospital.   He was given no private phone call and was not released.  Due to these issues we had all charges dismissed against Mr. L.  He was originally facing anywhere from 30 to 120 days in jail.

June 15, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, Casa Grande Justice Court Victories, Case Victories

State v. Mr. L. (DMC No. 10577)

DISMISSED | 2nd OFFENSE DUI DRUGS (Morphine, Codeine, Zolpidem, Oxazepam, Nordiazepam, Temazepam, and Diazepam) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. L. (DMC No. 10577) (Casa Grande Justice Court TR2011-4397): Mr. L. had been pulled over for weaving on the road.  He appeared highly impaired by drugs, and he was taken to the station.  He asked to call our office and spoke with one of our attorneys.  We instructed him to remain silent, submit to the blood test and ask to be released for an independent chemical test.  The Officer indicated that he would allow Mr. L. to be released to get his own independent blood test at a hospital, and then booked him into jail without complying with our request.  Due to this violation, all charges were dismissed.  Due to Mr. L.’s priors, he was facing potentially 6 months in jail.

June 10, 2014
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, Case Victories, Yuma County Superior Court

State v. Mr. S (DMC No. 10042)

REDUCED | POSSESSION of DANGEROUS DRUGS (Methamphetamine) REDUCED to POSSESSION of DRUG PARAPHERNALIA/POSSESSION OF MARIJUANA class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 10042) (Yuma County Superior Court S1400CR2010-00990): Mr. S and his wife were returning from California when they went through a Border Patrol check point in Yuma, Arizona. A Border Patrol K9 gave an “alert” to Mr. S’s car, and the car was subsequently searched. Marijuana and Methamphetamine were found inside of the vehicle and Mr. S was arrested. Because Mr. S was a combat veteran suffering PTSD, we were able to negotiate a deal with the Prosecutor to reduce the charges to a class 6 open/misdemeanor with zero days in jail. At the conclusion of probation, the charge was designated a misdemeanor and Mr. S has no conviction on his record.

June 10, 2014
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Ms. R. (DMC No. 10838)

GRANTED | FINGERPRINT CARD APPLICATION GRANTED – State v. Ms. R. (DMC No. 10838) (Arizona Board of Fingerprinting Application IVP0351368): Ms. R was in Mexico visiting friends, when one of her friends asked her to take her sick baby back to the U.S. for treatment. Ms. R attempted to cross the border and was stopped and admitted the baby was not hers. Years later, Ms. R had been hired to become a school teacher and a “fingerprint card” was requested. She was originally denied her fingerprint card, and she hired our Firm. We assisted her with the application and explained to the Arizona Board of Fingerprinting that Ms. R was never charged and was not officially arrested. They agreed to give her her fingerprint card, and she is now a school teacher.

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