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February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 32 Indecent Exposure Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. L (DMC No. 6521)

NOT CHARGED | INDECENT EXPOSURE – State v. Mr. L. (DMC No. 6521) (Mesa Police Department Investigated): Mr. L. was at a local car wash waiting for his car to be finished, when he went into the bathroom in order to urinate.  When he came out, he was inside of the convenience store when the clerk called him over and told him that his “fly was down.”  Another customer had complained that she saw his penis sticking out of his pants.  Police were called, and Mr. L. denied that his penis was sticking out, or that he had intentionally exposed himself.  Detectives wanted to charge Mr. L. due to a prior indecent exposure arrest, but we were able to show that the lack of security cameras inside the convenience mart, along with the testimony of the convenience store clerk indicated that there was no intentional exposure.  No charges were brought against Mr. L.

February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A (DMC No. 4465)

NOT CHARGED | SEXUAL ASSAULT/SEXUAL ABUSE – State v. Mr. A. (DMC No. 4465) (Tempe Police Department Investigated): Mr. A. worked at a local convenience store (an AM/PM) in Tempe.  Police were called by a woman who claimed that she had gone into the store, and Mr. A. had pressed her against a wall, touched her breast and vaginal area.  We investigated and interviewed other witnesses who had been with the alleged victim after the incident.  She had failed to mention to them that she was sexually assaulted.  In addition, we were able to pull surveillance video from the AM/PM, which showed the alleged victim come in and began talking with Mr. A.  She also put her arms around him, hugged him and began kissing him.  After she purchased an 18 pack of beer, she began to walk out of the store in a swaggering and drunken manner.  When this information was provided to police, they attempted to re-interview the alleged victim, and she would not cooperate with police.  No charges were ever brought against Mr. A.

February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H (DMC No. 6715)

NOT CHARGED | SEX ASSAULT NOT CHARGED – State v. Mr. H. (DMC No. 6715) (Tempe Police Department Investigated): Ms. H. was a Chinese immigrant who began a sexual relationship with a co-worker, who was also a Chinese immigrant.  After several dates and sexual encounters, Mr. H. indicated that he was not going to “leave his wife” for his co-worker.  She went and reported him to the HR Department, claiming she was sexually assaulted.  He was fired from the job, and she filed a lawsuit against the company for money.  We had Mr. H. take, and pass a polygraph.  Once a lawsuit was filed, the alleged victim no longer wished to criminally pursue Mr. H., as she was being “financially compensated” by the company.  No charges were ever brought against Mr. H., even though he was originally facing prison time.

February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 5979)

NOT CHARGED | SEX ASSAULT – State v. Mr. R.  (DMC No. 5979) (Phoenix Police Department Investigated): Mr. R. and his wife went dancing with a co-worker and her niece (the alleged victim) who was 19.  They had all drank alcohol, and then went back to the aunt’s house.  The alleged victim claimed that she was so drunk she could barely stand, and that Mr. R. had come into the room and engaged in sexual intercourse with her without consent.  A DNA analysis was conducted, and did not match Mr. R.  In addition, we were able to show that the alleged victims and her family were attempting to be paid $10, 000 in order to not go to police.  No charges were ever brought against Mr. R.  Originally, he was facing well over a decade in prison.

 

February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 5222)

NOT CHARGED | SEXUAL ASSAULT/SEX CONDUCT with a MINOR – State v. Mr. M. (DMC No. 5222) (Phoenix Police Department and Phoenix Union High School District Officials  Investigated): Mr. M. was a high school teacher who is mentoring a 15 year old female student.  She began emailing him relentlessly with statements such as “I want to runaway” and “my grandfather is oppressive”.  He attempted to distance himself from her, and then when she accused him of molesting her.  He was immediately suspended by the school district and an investigation ensued.  We were able to interview witnesses and show that the alleged victim had been stalking Mr. M.  We showed that she came up with fake allegations of breast cancer, and had pulled up his information on classmates.com, and had been cyber stalking Mr. M.  Although no charges were brought against Mr. M., he resigned from the school district and received a full severance.  He originally was facing potentially years in prison.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 700 Property Crime Victories, 94 Burglary Victories, Apache County Superior Court Victories, Case Victories

State v. Mr. C (DMC No. 10665)

DISMISSED | ATTEMPTED SEX ASSAULT/BURGLARY – State v. Mr. C. (DMC No. 10665) (Apache County Superior Court CR2011-0228): Mr. C. had a prior sexual relationship with the alleged victim in the past.  He had now started a relationship with one of her girlfriends who was currently pregnant.   Mr. C. and the alleged victim had been out earlier in the night, drinking and partying, before she went home.  He texted and called her, and then showed up at her house and let himself in.  She claimed that he attempted to sexually assault her, and she had fought him off and then he left.  During a recorded “confrontation call”, in which the alleged victim called Mr. C., he denied that he was ever aggressive with her.  He also had stated that she invited him over.  We were able to produce evidence that she had made false allegations in the past, and all charges were dismissed.

 

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, Case Victories, Gila County Superior Court Victories

State v. Mr. S (DMC No. 6642)

REDUCED | POSSESSION of MARIJUANA (with 2 prior felonies) REDUCED to class 6 open/misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 6642) (Gila County Superior Court CR2006-0322): Mr. S. was pulled over in a vehicle with several passengers, when the officer noticed a strong odor of marijuana.  Mr. S. was asked about drugs, and he admitted to having marijuana on his possession.  He also had a prior felony conviction in which he had served 2 ½ years in prison. The client asked specifically to speak with his attorney, but the police did not immediately comply.  Due to this potential “denial of right to counsel issue”, we were able to reduce the case to a class 6 open “possession of drug paraphernalia” with probation and zero days in jail.  Upon completion of probation, the case was designated a misdemeanor.  Originally Mr. S. was facing a minimum of 4.5 years in prison.

February 13, 2014
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 81 Drug Crime Dismissals, 82A Possession/Paraphernalia Dismissals, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. M (DMC No. 10663)

DISMISSED | POSSESSION of DRUG PARAPHERNALIA DISMISSED – State v. Mr. M. (DMC No. 10663) (Scottsdale City Court CR2011-033113): Police received an anonymous call regarding a suspicious vehicle which was parked.  When officers arrived, they went up to the vehicle and knocked on the window.  He told them to open the door, and when they did, he saw a plastic baggy of marijuana on the drivers lap.  Mr. M. was the passenger. We filed a Motion to Suppress all Evidence based upon a warrantless search, and a Miranda violation.  Prior to the Evidentiary Hearing the State moved to dismiss all charges.

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 600 Drug Crimes Victories, 86D Acquisition of a Narcotic Drug Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. G (DMC No. 4986)

DISMISSED | ATTEMPTED ACQUISITION of NARCOTIC DRUGS – State v. Ms. G. (DMC No. 4986) (Maricopa County Superior Court CR2004-023041): Ms. G. was a Medical Assistant who was accused of calling various pharmacies using Doctors’ names and DEA numbers in order to secure prescriptions.  She was identified in a photo lineup and charged with “attempted acquisition of narcotic drugs”.  When police went to question her, she invoked her right to remain silent.  We were able to negotiate a dismissal from the prosecution in exchange for a “diversion” agreement which involved classes.  No conviction is on Ms. G.’s record.

 

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 600 Drug Crimes Victories, 86B Cultivation of Marijuana Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 9914)

DISMISSED | CULTIVATION of MARIJUANA (14 plants) DISMISSED – State v. Mr. R. (DMC No. 9914) (Maricopa County Superior Court CR2009-006670): Mr. R. had gotten into a fight with a friend of his when the friend’s mother called the police.  When police arrived, she told them that she had gone the shed at the house the day prior and seen 14 marijuana plants.  She took pictures of the plants and provided them to police, stating the Mr. R. was the responsible party.  Police interview multiple people (some of whom made admissions), and they tried to interview Mr. R.  Mr. R. invoked his right to remain silent and then contacted our firm.  The State filed charges almost 2 years later, and the case proceeded through the system.  Prior to trial, we convinced the prosecution that they would not be able to meet their burden of proof, as there was no evidence that Mr. R. was actually involved.  The State moved to dismiss all charges.  There is no conviction on Mr. R.’s record.

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