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December 23, 2021
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, Case Victories

State v. Ms. S (DMC No. 16918)

Not Guilty/Complete Acquittal at Jury Trial – Reckless Driving – State v. Ms. S (DMC No. 16918) DEC 8, 2021 – (Scottsdale City Court No. TR2021-008788).

Ms. S was coming from her home in North Scottsdale to her job in central Scottsdale where she served as a CFO.  As she was driving in the middle lane down Shea Road heading toward 92nd Street, another car was revving its engine and continually speeding next to Ms. S’s vehicle at a close distance.  She became concerned, and sped up in order the pass the vehicle and get into the left lane.

At this time, a Scottsdale police officer was on a motorcycle and was conducting radar speed enforcement.  Subsequently, he pulled Ms. S over and stated that she was travelling 78 miles per hour in a 45 zone, and he then cited her for Criminal Speeding per ARS 28-701.02 (21 miles or more than the speed limit), and for a criminal Reckless Driving per ARS 28-693 (reckless disregard for the safety of persons or property).  The Criminal Speeding charge carried 3 points on a person’s license if convicted, and the Reckless Driving charge carried 8 points on a person’s license if convicted.

Ms. S then retained our services to challenge the Reckless Driving charge.  During our investigation efforts, while we were interviewing the Officer, it was discovered that there were high-power tension lines over that area where he was conducting his radar enforcement.  This could adversely affect his reading.  In addition, we challenged the calibration of his radar device.  In front of a Jury, all of these issues were brought forward and they ultimately returned a verdict of Not Guilty at Jury Trial.  As to the Criminal Speeding ticket, that was decided by the judge in what is known as a “bench trial,” which was conducted at the same time as the Jury Trial.  Ultimately, Ms. S paid a small fine and only had 3 points on her license.  Because she was found Not Guilty at Jury trial, this incident did not adversely affect her standing as a CFO of her company.

November 23, 2021
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

State v. Mr. M (DMC No. 16782)

Not Guilty/Complete Acquittal at Jury Trial – DUI and DWI (.088 BAC) – State v. Mr. M (DMC No. 16782) – JUN 17, 2021 – (Phoenix City Court No. 5354541).

Mr. M had gone to dinner with his wife at Durant’s restaurant, where they ate a full meal and had a bottle of wine.  He then went with his wife to watch the Bob Dylan concert in downtown Phoenix.  On the way home, an Officer claimed at an off-ramp on theI-17 that Mr. M had run through a red light.  He subsequently pulled Mr. M over, and took him to a DUI Task Force van.

The only test he gave in the field was the Horizontal Gaze Nystagmus (i.e., the eye test).  During that test he found only four out of the six cues necessary to determine if somebody was impaired by alcohol.  In addition, Mr. M was 61 years old and had various physical problems.  The Officer stated that the reason he only gave the HGN test was that they were near heavy traffic on the freeway.  He also tried to use that as an excuse as to why he did not find all cues during the eye test.

In front of a Jury, we were able to demonstrate all of these flaws, along with having proof that Mr. M had drank only half a bottle of wine, which would not have allowed for his blood alcohol content to be above the legal limit.  We discredited the State’s BAC test of .088, and the Jury came back Not Guilty on all charges.  This was very important, because Mr. M worked at a manufacturing plant that had various government contracts, and required all employees to have clean criminal records.

November 23, 2021
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

State v. Ms W – (DMC No. 16810)

Not Guilty, Complete Acquittal at Jury Trial – DUI and DWI (.107 BAC) – State v. Ms W – (DMC No. 16810) – JUL 29, 2021 – (Surprise City Court No. TR2019-00313).

Ms W was coming home from a restaurant in Surprise by the name of Eagles.  She had approximately two glasses of wine with dinner and was traveling 35 miles per hour in a 45-mile zone.  The Surprise Police Officer claimed that she ran a light, and then he followed her for almost two miles.  He claimed that when she made a turn, she struck a curb, and that’s when he pulled her over.  On the citation, the Officer put the time of driving as 10:23 at night (instead of 9:45).  When he conducted field sobriety tests, he received only 4 cues out of 6 on the HGN (eye test).  He subsequently placed Ms W under arrest and she produced a breath test, which resulted in a .107 blood alcohol concentration.

After Ms W hired our law office, we began our investigation.  Ms W was 72 years old at the time she was stopped, and had various medical issues.  At Trial, all of these issues were brought up, which nullified most of the field sobriety tests.  In addition, we were able to show that traveling at 10 miles below the speed limit did not constitute one of the 24 night-time indicators of DUI impairment as established by the National Highway Traffic Safety Administration (NHTSA).  Ultimately, the Jury came back Not Guilty on all charges, and Ms W was greatly relived that she did not have to spend time in jail.

November 23, 2021
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

State v. Ms G (DMC No. 16890)

Not Guilty/Complete Acquittal at Jury Trial – Super Extreme DWI (.289 BAC), Extreme DWI, DUI and DWI – State v. Ms G (DMC No. 16890) NOV 18, 2021 – (Peoria City Court (Case NO. TR2019-000322).

Ms G had dinner and several drinks at Legends Sports Bar in Peoria, Arizona.  She had medical issues which caused her feet to swell, so she left the bar and went to her parked car, turned on the engine in order to run the heater while she had her shoes off.  Her son worked across the street at the Lowe’s Department Store, and she was waiting for him to get off work.  He was then going to drive them both home.

It turned out that somebody had seen her leave the bar and thought she was intoxicated.  This person had called 911 and reported that there was a “drunk woman inside of her running car.”  The police then showed up and began the DUI investigation against Ms G.  Ms G explained she was a nurse, she was merely waiting for her son to get off work, and that she had called him and he could explain everything.  The police still arrested her for DUI and claimed that she was “in Actual Physical Control” of her vehicle.

She was subsequently taken to a police station where a blood draw was conducted.  Her blood results revealed a .289 blood alcohol content. She initially had hired another attorney in town, who had reviewed the case and had advising her to plead guilty to a super extreme DUI.  She then contacted our firm and we explained that she was not in Actual Physical Control because she intended to use her vehicle as temporary shelter while waiting for her son.  There was no indication that she ever intended to drive.  Although the prosecutor was stubborn, and would not listen to us, we set the case to Trial.  After a two-day trial, the Jury returned Not Guilty verdicts on all counts.  This was very important, as Ms G was a registered nurse, and a DUI conviction could have cost her her license.

April 19, 2021
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 47 Miscellaneous Theft/Fraud Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47J Forgery Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C (DMC No. 14920)

State v. Mr. C (DMC No. 14920) – Felony Benefits Fraud – Not Charged – Social Security Administration Investigated:  Mr. C had secured two different Social Security numbers and had been receiving benefits from Social Security which were duplicating under the two different identities.  We were able to put together a letter and speak with the Investigating Agent to show that somewhere along the line there had been a confusion or Scribner’s error regarding Mr. C’s Social Security number.  We negotiated the repayment of any overages that may have been paid, and the Investigator agreed that once the problem was fixed, that this took care of the incident.  No charges were ever brought against Mr. C.

April 19, 2021
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 1900 Federal Court Victories, 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47C Racketeering (RICO) / Illegally Conducting an Enterprise (Federal Charge) Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, 47E Money Laundering (Federal Charge) Victories, 47F Money Laundering (State Charge) Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. O (DMC No. 14836)

State v. Ms. O (DMC No. 14836) – Felony Money Laundering ($25,000) and Felony Conspiracy – Not Charged Due to Cooperation and Testimonial Agreement – Pinal County Sheriff’s Office and Arizona Attorney’s Office Investigated.  Ms. O had befriended a man by the name of Francis and had begun dating him.  While she was dating him, he always had money but was unemployed.  He claimed he was a refrigeration repairman.  However, his house always smelled of marijuana and many people were coming in and out of the residence.

He would ask her to constantly deposit cash into a bank account which she opened.  That account was initially shut down at the first bank because it was “a risk to the institution.”  She then opened a second account at another bank and began depositing money into that bank account.  She began observing her boyfriend packaging marijuana in five-gallon paint buckets, and he would ask her to go to the PO Box in order to ship the packages.  He was eventually arrested and the police contacted her about potential Money Laundering in regard to the bank deposits.  She then retained our services, and we then became involved.

We contacted the Pinal Count Sheriff’s Office and the Arizona Attorney General’s office in order to negotiate a “Cooperation Deal.”  Due to Ms. O’s cooperation, she was never charged with any crimes.  Her ex-boyfriend was ultimately charged with multiple counts of Transportation of Marijuana and Conspiracy, along with multiple co-defendants.  If Ms. O was also convicted (as was her boyfriend) she would have gone to prison as well.

April 19, 2021
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 100B Conspiracy Victories, 1900 Federal Court Victories, 40 Theft and Fraud Jury/Bench Trial Victories, 400 Theft / Fraud Crime Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, Case Victories, Jury Trial Victories

State v. Mr. X (DMC No. 15553)

State v. Mr. X (DMC No. 15553) – Felony Wire Fraud ($710,290) and Felony Embezzlement – Not Charged Due to Cooperation and Co-Defendant Conviction – United States Attorneys Office, District of Arizona and FBI Investigated). Mr. X owned a company that sold large shipping containers, electronic control panel systems, and other types of business equipment. Mr. X had an employee who was locating the same types of equipment on the internet and purchasing them for lower prices. This employee then engaged in a Fraudulent Scheme whereby he would have Mr. X’s company pay the full price of what piece of equipment would normally be, and then he would simply purchase it for less on the Internet. The employee would then fulfill the order to the end-user, while also diverting new equipment manufactured by Mr. X to be sold separately.
There were 43 such transactions and the FBI became involved. They had issued a “Target Letter” to Mr. X indicating that the US Attorney was involved and that Mr. X may need to hire an attorney. When we spoke with the FBI agents and the Assistant US Attorney, we were able to show them that Mr. X had no knowledge of his former employee’s Fraudulent Scheme. The former employee was ultimately charged and sentenced to 30 months in prison. Specifically, in his plea agreement, it indicated that Mr. X had no knowledge, nor did his company, of the underlying scheme being perpetrated by the employee. Originally, Mr. X could have also gone to prison if we were not able to keep him from being indicted. He has no criminal record whatsoever.

April 19, 2021
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 47M Insurance Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. K (DMC N. 11324)

State v. Mr. K (DMC N. 11324) – Insurance and Medical Billing Fraud – Vacated Suspension of Physical Therapy License at Board Hearing – Arizona Board of Physical Therapy (Complaint No. 12-41):  Mr. K worked as a physical therapist and had submitted various medical bills to assisted healthcare services.  It was alleged that he billed for some services that he did not actually perform.  Once we were involved in the case, we were able to show that his billing practices may have fallen below the standard of ethics, but they were not criminal in nature.  This was true, even though they were claiming he had falsified his records.

We were able to get the case dismissed with an agreement to probation.  As a condition of probation, Mr. K was required to do classes in continuing education, along with monitoring of his billing submissions.  After one year, the probation was lifted and his license was unencumbered.  He was allowed to maintain his livelihood throughout the entire course of his probation.

April 19, 2021
Posted on Author By dmcantor Categories 2400 School Discipline Hearings - Title 9, Case Victories

State v. Mr. R (DMC No. 15442)

State v. Mr. R (DMC No. 15442) – Felony Sexual Assault Allegations – Dismissed at Title 9 Hearing as Unsubstantiated – Grand Canyon University investigated:  Mr. R had a prior sexual relationship with another female student which lasted a few months.  Several months later, they were hanging out as friends in her dorm room (in violation of GCU’s Code of Conduct).  They began to kiss and he was touching her over her clothes.  She asked him to stop, and he did so immediately.

Several weeks later, the alleged victim stated to him that she had been sexually assaulted before, and that she felt his actions (several weeks prior) were too aggressive.  Later, she reports the issue to Grand Canyon University and asked that Mr. R not be in her classes.  We were then hired to handle the Title IX investigation defense.  We then got in contact with the investigators for GCU and came up with a plan that would allow Mr. R to remain in classes.  The plan involved him not being the same dorm room as the alleged victim, his schedule was changed so he would not have classes with the alleged victim, and resources were provided to him regarding sexual harassment education.  Due to the successful resolution with TCU authorities, the police were never involved in the case.

April 19, 2021
Posted on Author By dmcantor Categories 2400 School Discipline Hearings - Title 9, Case Victories

State v. Mr. Z (DMC No. 15853)

State v. Mr. Z (DMC No. 15853) – Sexual Abuse Allegations – Dismissed at Title 9 Hearing – Arizona State University (Case No. 12XXXXXX93):  Mr. Z was a student at Arizona State University who had been treated for schizophrenia.  He was on various types of medication that would sometimes combine and result in inappropriate actions to be undertaken by Mr. Z.  To complicate matters, the actions would become even worse if he went off the medications cold turkey.  On the date of the incident, Mr. Z thought he heard people and voices in a neighboring dorm room.  He went inside the dorm and stood inside the closet, and was discovered by two female students as he was standing there naked.  He was ultimately arrested for indecent exposure.

We were able to have the criminal charges dismissed due to Mr. Z’s condition.  However, the school issued an immediate suspension and set the case to a Title IX Hearing.  Once we appeared and presented all the evidence regarding Mr. Z’s underlying mental health issues, the school dismissed the charges against him.  Once he was treated and his condition was regulated, he was allowed to resume classes at Arizona State University.

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