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February 19, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. I (DMC No. 4753)

NOT CHARGED | CHILD ABUSE – State v. Mr. I. (DMC No. 4753) (Gilbert Police Department and CPS Investigated): Mr. I. had 2 biological children and 5 foster/adopted children. Some of them arrived with varying behavioral issues. As 2 of the girls became older teenagers, they made allegations of abuse in order to move out of the household. We were able to show CPS and Detectives that the 2 girls were known to fabricate stories, and there was no corroborating physical or testimonial evidence. We were able to show the Prosecutor that none of the allegations were substantiated and no charges were ever brought against Mr. I.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. N. (DMC No. 6549)

REDUCED | DISORDERLY CONDUCT with a GUN (dangerous) REDUCED to a MISDEMEANOR with PROBATION and ZERO DAYS in JAIL – State v. Mr. N. (DMC No. 6549) (Maricopa County Superior Court CR2006-116296): Mr. N. got into an altercation with another vehicle. As he passed the other vehicle, the other driver yelled out profanities. Mr. N. then exchanged verbal profanities and drove off. While this all occurred, Mr. N. had his cell phone in a black case in his hand. The other driver called in and said that Mr. N. had displayed a weapon. When police contacted Mr. N. at his house, they arrested him for “Disorderly Conduct” (Dangerous) with a gun because he did own a gun-there was a clip (not a gun) in his glove box of his car. We were able to show the Prosecutor it was there because he had gone shooting several weeks prior, and that the other driver was mistaken about the cell phone/gun. Eventually, the Prosecutor agreed to reduce the charge to a simple misdemeanor for “Disorderly Conduct” involving the verbal exchange, and reduced it to probation with zero day’s jail. Originally Mr. N. was facing 1 ½ to 3 years of prison.

February 19, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. J. (DMC No. 6106)

DISORDERLY CONDUCT with a GUN (dangerous) REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. J. (DMC No. 6106) (Maricopa County Superior Court CR2005-136487): Police were called to Mr. J.’s residence regarding shots fired. When they arrived, Mr. J. and his wife both denied any shots being fired, and he stated that he had been asleep in his bedroom after drinking 16 beers. When the victim was contacted, he claimed that he heard 4 shots, and then went and looked in the yard and saw Mr. J. fire off another 7 to 10 shots into the air. When Mr. J. was re-questioned, he admitted that he was firing off shots to scare off a vehicle that had committed drive-by shootings in his neighborhood in the past. Mr. J. was facing 1 ½ to 3 years in prison for “Disorderly Conduct (Dangerous)”, however, we were able to convince the Prosecutor to offer a probation deal. We then showed the Judge that Mr. J. had engaged in alcohol treatment and counseling, and he imposed zero days in jail.

February 19, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 60 Felony Disorderly Conduct/Threats Dismissed, 60-62 Felony Disorderly Conduct/Threats Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H (DMC No. 6699)

NOT CHARGED/DISMISSED | AGGRAVATED ASSAULT with a GUN (dangerous) NOT CHARGED/DISORDERLY CONDUCT with a GUN (dangerous) DISMISSED – State v. Mr. H. (DMC No. 6699) (Maricopa County Superior Court CR2006-030697): Mr. H.’s wife went to the police station and stated that 3 days earlier her husband had threatened her with a gun, demanding to know who had been texting her on her phone. When police went to question Mr. H., he denied that he pointed the gun at her, and instead that he pointed it at himself and threatened to commit suicide. He was arrested for Aggravated Assault (Dangerous) with a gun. We convinced the Prosecutors charging bureau to only charge Mr. H. with the lesser of Disorderly Conduct (Dangerous) with a gun. During the pendency of the case, we presented evidence that Ms. H.’s story kept changing, and in addition, she no longer desired prosecution. Due to various other issues, the State moved to dismiss all charges in full. Originally, Mr. H. was facing 5 to 15 years for the Aggravated Assault, and 1 ½ to 3 years for the Disorderly Conduct (Dangerous). He now has nothing on his record.

February 19, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 2000 Juvenile Court Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 6701)

NOT CHARGED | AGGRAVATED ASSAULT with BRASS KNUCKLES (dangerous) – State v. Mr. G. (DMC No. 6701) (Mesa Police Department DR2005-2380646): Mr. G. and a group of other juvenile’s were in a car when they allegedly confronted another car and a mass fight broke out. Mr. G. was accused of striking a male in the back of the head with brass knuckles. He later needed to go to the hospital and received stitches. We were able to show that some of the witnesses identified the person with the brass knuckles as a Hispanic male, as whereas Mr. G. was white. We were able to convince the Prosecution to not file charges. Mr. G. could have been facing 5 to 15 years in prison.

February 19, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 92 Criminal Damage Pre-Charge Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 5654)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (dangerous)/CRIMINAL DAMAGE – State v. Ms. M. (DMC No. 5654) (Maricopa County Booking P018038/Goodyear Police Department DR2004-00006748): Ms. M. was an 18 year old female who had psychiatric problems, and she was arguing with her mother and brother. She was taking anti-depressants, and had recently lowered the dose just before the incident. She was threatening to kill herself with a knife and the police were called. As she was leaving in her car, her mother got behind the vehicle and was struck. When the police arrived, they saw various items broken inside the house and they charged Ms. M. with “Criminal Damage” and “Vehicular Aggravated Assault” (dangerous). She was arrested and was facing 5 to 15 years on the Aggravated Assault charge alone. We were able to intervene with Prosecutor and convince them to not move forward with the charges. Ms. M. has no convictions on her record.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 47H Robbery: Standard, Aggravated, Armed Robbery Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 6196)

REDUCED | ARMED ROBBERY with a GUN (dangerous)/AGGRAVATED ASSAULT with a GUN (dangerous) REDUCED to PROBATION with 1 YEAR of JAIL and WORK FURLOUGH RELEASE – State v. Ms. H. (DMC No. 6196) (Maricopa County Superior Court CR2005-005735): Mr. H. was with several friends when he was driving down the road and saw the alleged victim in front of him in his car. He stated “there’s the guy that owes me money”, and he began tail gating the victim. His other friend was in another car, and they cut the victim off and stopped his vehicle in the roadway. Mr. H.’s friends then got out with a silver handgun and shotgun and demanded the money that he was owed. Police saw this, and a high speed chase ensued, and all were taken into custody. Mr. H. was facing a minimum of 10 years in prison, and a possible maximum of over 30 years. We were able to show through mitigation that he deserved a probation offer. Attached to that offer was 1 year of jail, with “work furlough” which allowed Mr. H. to complete school. The co-defendants were not as fortunate.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. L (DMC No. 6201)

REDUCED | AGGRAVATED ASSAULT with a gun (dangerous) DISORDERLY CONDUCT with a gun (dangerous) REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. L. (DMC No. 6201) (Maricopa County Superior Court CR2005-116467): Mr. L.’s girlfriend had come home to their apartment, when her female roommate and two other males were in there smoking and drinking. They locked her out of the apartment, and she became upset and called Mr. L. When Mr. L. arrived, they both came in through the back way, and a fight ensued between Mr. L. and the two males. Police were called when it was claimed that Mr. L. pulled out a gun and pointed it at them. He was facing 5 to 15 years in prison on the Aggravated Assault, and 1 ½ to 3 years in prison on the Disorderly Conduct. However, we were able to get everything reduced to a simple “Disorderly Conduct” (non-dangerous) with probation and zero days in jail.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. Y (DMC No. 6088)

AGGRAVATED ASSAULT REDUCED to ENDANGERMENT class 6 open/Misdemeanor – State v. Ms. Y. (DMC No. 6088) (Maricopa County Superior Court CR2005-123734): Ms. Y. had a tumultuous relationship with her husband. He had various mental issues, and he had told her that he had molested their children. She became enraged and assaulted him with a vodka bottle. He eventually was taken to the psychiatric ward. Originally, Ms. Y. was going to be charged with Aggravated Assault with a Dangerous Weapon, but the victim refused to cooperate. As their divorce proceedings went forward, he said he would cooperate, and she was charged with Aggravated Assault. Due to his mental issues (even though Ms. Y. confessed to police), we were able to reduce the case to a mere “Endangerment” with probation. The Judge gave her 2 months in jail, but later on reduced the case to a misdemeanor once she completed her probation. She had no felony on her record.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 6046)

REDUCED | 3 COUNTS of AGGRAVATED ASSAULT/1 COUNT of CRIMINAL DAMAGE and 1 COUNT DISORDERLY CONDUCT (dangerous) REDUCED to class 6 open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Ms. H. (DMC No. 6046) (Maricopa County Superior Court CR2005-136932): Ms. H. had become involved in an argument with her boyfriend, when she left and went to a bar to drink. When she came back, she was speeding through the neighborhood and sped into the driveway and smashed into the back of her boyfriend’s car. He was present and had to run into the garage to avoid being struck. When police arrived, Ms. H. fought with 3 officers while being taken into custody. We were able to show through mitigation that Ms. H. had an alcohol issue, and that her boyfriend did not wish to be a “victim”. The Prosecutor extended a probation offer, and then we convinced the Judge to impose zero days in jail. The case was later moved to a misdemeanor at the completion of probation. Ms. H. has no felony on her record.

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