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January 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 29 Sexual Assault Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Apache County Superior Court Victories, Case Victories

State v. Mr. A. (DMC No. 10474)

REDUCED (All) | 7 COUNTS OF SEXUAL CONDUCT WITH A MINOR (DCAC)/3 COUNTS OF SEXUAL ASSAULT/3 COUNTS OF SEXUAL ABUSE ALL REDUCED to “attempted sexual conduct/child abuse” with probation and zero days in jail – State v. Mr. A. (DMC No. 10474) (Apache County Superior Court CR2011-076): Mr. A. was accused of having sex with two different girls that were 14 years old when he was 17 years old. Even though Mr. A. was a minor, the fact that this case was a dangerous crimes against children (DCAC) because the victims were 14 or younger, caused him to be charged as an adult.  He was facing a minimum of 65 years in prison on the sexual conduct with minor charges alone.  We were able to present mitigating evidence, which included a Psychosexual Evaluation showing Mr. R. not to be a risk, and we secured an offer to probation with no further jail.  Although he had been in jail pending the disposition of the case, we were able to resolve the case in a fairly timely manner and he is currently doing very well on probation as a free man.

January 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. G. (DMC No. 10536)

REDUCED | 4 COUNTS OF SEXUAL CONDUCT WITH A MINOR REDUCED to “child abuse” with zero days jail – State v. Ms. G. (DMC No. 10536) (Maricopa County Superior Court CR2011-123037): Ms. G. was a 19 year old who began having a lesbian relationship with a 16 year old.  The 16 year old’s father “caught them in the act”, and police were called.  Admissions were made, and Ms. G. was arrested and charged.  We were able to show the prosecution that there was no force involved, and this was a completely consensual relationship. Originally they wanted her to remain a convicted felon, but eventually we talked them into offering a reduced “child abuse” charge class 6 “open”, which became a misdemeanor after Ms. G. completed 2 years of probation.  Ms. G. has no felony on her record.

January 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D. (DMC No. 10552)

REDUCED | 5 COUNTS OF SEXUAL CONDUCT WITH A MINOR (DCAC)/CHILD MOLEST/INDECENT EXPOSURE REDUCED to “attempt” with probation and 90 days jail – State v. Mr. D. (DMC No. 10552) (Maricopa County Superior Court CR2011-122501): Mr. D. was accused of having sexual conduct with his step-sister since she was as young as 8 years old.  The police conducted a “confrontation call”, in which he made many admissions while speaking with his sister as the call was recorded by police.  He was subsequently questioned and made some admissions, at which point he was arrested and held “non-bondable”.  We were able to present evidence of the victim’s prior mental illness history, along with various discrepancies in her timeline, and we secured an offer to “attempted molestation”, probation with 90 days of jail.  Originally Mr. D. was facing a minimum of 75 years in prison.

November 9, 2012
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 2128)

REDUCED | CHILD MOLESTATION & SEX ABUSE – (DMC No. 2128) (Maricopa County Superior Court No. CR2000-094277): Mr. W. was accused by his 13 year old step daughter of fondling her while he sat on his lap and she worked on a computer. We were able to show that the stepdaughter had lied in the past and had motives to have Mr. W. removed from the household. Because the detectives obtained a partial confession, we were able to negotiate a plea to attempted child molestation with probation and 4 months of jail. Mr. W. was originally facing a minimum of 10 years of day for day prison time.

January 17, 2012
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 29 Sexual Assault Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Y. (DMC No. 9806)

REDUCED | Sexual Assault and Sexual Conduct with a Minor, State v. Mr. Y. (DMC No. 9806) (Maricopa County Superior Court No.: CR2010-139405): Mr. Y. was a 25 year old living in an apartment who was partying with some people, including a 16 year old girl. During the course of the night, the girl and Mr. Y were drinking and ended up having sex. Although he knew she was under 18, he was under the belief that she was going to have her birthday within a couple of weeks. After Mr. Y had left the apartment, the girl spoke with her friends and then claimed that she “must have been sexually assaulted”, although she did not remember anything. After the police were called, Mr. Y was arrested. We were able to show that the sexual assault claim lacked any merit (although it carried a potential of over a decade in prison), but Mr. Y did knowingly engage in sex with a girl under 18. The original offers from the Prosecutor’s involved designated felonies and convictions with prison time. We were able to convince the Prosecutor to offer an Undesignated Felony to a Child Abuse Charge with 6 months of jail time and Work Furlough. Upon completion of Mr. Y’s probation, the charge will be reduced to a Misdemeanor.

December 18, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Gila County Superior Court Victories

State v. Mr. S. (DMC No. 7292)

REDUCED | Child Molestation, State v. Mr. S. (DMC #7292) (Gila County Superior Court No. CR2007-0195): Mr. S. was 16 years old and was accused of trying to fondle an 11 year old and a 9 year old while on various field trips with a counseling group for disturbed teenagers. Although Mr. S. was only 16, he was charged as an adult. Because he was charged with 2 Counts of Child Molestation, he was facing a minimum of 20 years in prison. We were able to show that he had a disturbed mental state, and had a high level of mitigation and family support. We ultimately were able to reduce the initial plea from 10 years in prison to probation with 1 year in jail.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. T (DMC No. 6987)

REDUCED | SOLICITATION OF SEXUAL CONDUCT WITH A MINOR – State v. Mr. T. (Maricopa County Superior Court No. CR2006-007868) (DMC No. 6987): Mr. T.’s wife had died several years earlier, and he began drinking and having mental problems. He ultimately approached his daughter, and began soliciting her for sexual conduct. We were able to have a psycho-sexual risk evaluation performed on Mr. T., and he also began receiving alcohol and mental health counseling, and was put on medication. He was originally facing years in prison, but we were able to negotiate a deal to probation with no jail.

November 17, 2011
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. J. (DMC No. 1156)

REDUCED | SEXUAL CONDUCT WITH A MINOR (MCSC 1999092792CR): Mr. J. was married at a very young age (18) to a woman who was much older. He engaged in sexual intercourse with his 13 year old sister in law when he was 18. This happened several times. Approximately 10 years later, the victim was going through counseling when she revealed that she’d had sex with her former brother in law. He was contacted by Detectives, and he erroneously thought there was a 7 year statute of limitations on this type of offense. He admitted to everything and told police, “It doesn’t matter. The statute of limitations has run.” He was unaware that in cases of murder and sex crimes against children, there is no statute of limitations in Arizona, and he was subsequently charged. We were able to have a Psychosexual Risk Evaluation conducted, which showed he was not a risk to children, and these incidents occurred because he was barely 4 years older than his sister in law at the time. We ultimately secured a deal to Attempted Sexual Conduct with a Minor, which included probation and 1 year in jail with work release.

November 17, 2011
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. A (DMC No. 2375)

REDUCED | Felony Sexual Conduct with a Minor Reduced to Probation and 6 Months Jail with Work Release – (Maricopa County Superior Court Case No. 2000014854CR): Mr. A. had friends at his house for a party. At some point during the evening, he was alone in the bathroom with the 4 year old daughter of one of his friends. The next day he was accused of touching the girl, which he denied. Two months went by, then the police questioned and arrested Mr. A. The specific allegations were that he had attempted oral sex with the 4 year old. Mr. A. denied ever licking the victim’s vagina, but stated that as he was helping her to use the restroom and pull up her pants, that his fingers may have touched her vagina. We were able to negotiate a plea to Attempted Child Molestation which included probation and 6 months in jail with work release.

November 17, 2011
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Gila County Superior Court Victories

State v. Mr. S. (DMC No. 2282)

REDUCED | CHILD MOLESTATION – (2000830CR): Mr. S. was accused of fondling his 13 year old step-daughter. He was facing 10 to 24 years in prison. During the course of the case, it was revealed that Mr. S. had gone camping with his stepchildren and had been drinking heavily. When this incident occurred, the victim indicated it appeared that he was half asleep and stuperous which he was touching her. We were able to negotiate a plea to Attempted Aggravated Assault, which included probation and 6 months in jail with work release.

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