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July 6, 2015
Posted on Author By dmcadmin003 Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. and Ms. S (DMC No. 8279 and, 8280)

MOTION to CORRECT RECORD to REFLECT DISMISSAL of ALL CHARGES (Child Abuse) GRANTED- State v. Mr. and Ms. S (DMC No. 8279 and, 8280) (Maricopa County Superior Court CR2002-094047): Ms. S had entered into a Diversion Dismissal/ Deferred Prosecution Agreement with the state in 2001. She successfully completed probation and the case should have been dismissed. However, the data base showed that the case was either pending or Ms. S had been convicted. We filed a Motion to Clarify Record/ Motion to Dismiss on behalf of Ms. S, and that motion was Granted and all charges were permanently Dismissed regarding Ms. S.

May 4, 2015
Posted on Author By dmcadmin003 Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime 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. S (DMC No. 8385)

2 COUNTS of CHILD MOLESTATION (DCAC) and 1 COUNT CHILD ABUSE NOT CHARGED– State v. Ms. M (DMC No. 8385) (Surprise Police Department Investigated): Mr. M had gone through a divorce and had joint custody of his son and two daughters. He was in the United States Air Force and was a strict disciplinarian. Police received a call at the hospital that his daughter was there with a burn on her chin which she had claimed that her father had given her from a hot marshmallow stick. Once police began questioning her, she also stated that she and her sister had been molested by Mr. M. We were able to show Detectives that Mr. M’s ex wife was now dating a man, and she and all of the children wished to move to California. However, Mr. M was holding up that process. Because of these allegations, they would now be able to move and would not have to be restricted to the state of Arizona. We also had Mr. M take and pass a polygraph test. The Detective was convinced that these allegations were manufactured, and no charges were brought against Mr. M. Unfortunately, the Family Law Court still allowed Mr. M’s ex wife to move the children out of state, and restricted Mr. M to supervised visits only.

 

October 13, 2014
Posted on Author By dmcadmin003 Categories 1200 Dismissed at Trial, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 54 Felony Aggravated Assault Dismissals, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Jury Trial Victories, Pinal County Superior Court Victories

State v. Ms. J (DMC No. 12366)

Dismissed at Jury Trial – Felony Child Abuse and Felony Aggravated Assault on a Child – State v. Ms. J (Oct. 13, 2014) (DMC No. 12366) (Pinal County Superior Court CR2013-00944): Ms. M was married to another woman (our client, Ms. J) who had two children (a 10 year old & a 12 year old).  During the course of the relationship Ms. M’s wife became separated from Ms. M and they were in the process of divorce.  They still shared custody of the children during visitation. At one point, Ms. M’s ex-spouse stated that the two children came home and claimed one had been whipped with a belt across their rear buttocks, and the other had been head butted by Ms. J.

Ms. M’s ex-wife then took the children to the Police and reported the incident.  She secured an Order of Protection, and was given Temporary Custody of both children.  The children were interviewed by Police, and confirmed the stories.  Ms. J was then charged with Felony Child Abuse per Arizona Revised Statute ARS 13-3623, and Felony Aggravated Assault on a Child.

We became involved in the case, and immediately secured the interviews and photographs of the children’s injuries. From the photographs, it did not appear the injuries were remotely close to the injuries described in the Police Reports.  We were also able to demonstrate that these allegations were being potentially used to gain an advantage in the custody battle.  Just prior to Jury Trial, the Prosecutor agreed to dismiss all charges if Ms. J were to do some Diversion classes.   Rather than risk multiple years in prison should she lose a trial, Ms. J agreed to do the classes in exchange for complete Dismissal of all charges.

April 28, 2014
Posted on Author By dmcadmin003 Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 8993)

CHILD ABUSE DISMISSED – State v. Mr. C. (DMC No. 8993) (Maricopa County Superior Court CR2008-180757): Mr. C. lived with his girlfriend and her small children.  Her 5 year old daughter had entered the bathroom and touched Mr. C.’s penis without his permission.  Mr. C. immediately became upset and put her into a time out.  The young girl then told her biological father what had happened, and Mr. C. began being investigated for potential child abuse and possible sex charges.  We were able to prove the Prosecutor that he did not know she was in the bathroom, and that he never gave her permission to see or touch him.  We eventually had all charges dismissed after a 6 month battle with the Prosecutor’s Office.  Mr. C. was facing prison time and potential sex offense registration had we not gotten all charges dismissed.

February 19, 2014
Posted on Author By dmcadmin003 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. Ms. S. (DMC No. 102979)

NOT CHARGED | CHILD ABUSE NOT – State v. Ms. S. (DMC No. 102979) (Surprise Police Department Investigated): Ms. S. had a particularly difficult daughter who was 16 and had run away numerous times. She also abused alcohol, and would cut and burn herself. On one of the times she had run away, when police found her she claimed that her mother had been abusing her. She showed previous marks on her arms (which were self inflicted) as so called “evidence”. We subsequently presented the Deputy Maricopa County Attorney with Facebook posts, and a CPS report in which the daughter admitted to lying. Ultimately, no official charges were brought against Ms. S.

February 19, 2014
Posted on Author By dmcadmin003 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 11, 2014
Posted on Author By dmcadmin003 Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. U (DMC No. 5263)

REDUCED | CHILD ABUSE REDUCED to class 6 open/misdemeanor with PROBATION and ZERO DAYS JAIL – State v. Mr. U. (DMC No. 5263) (Maricopa County Superior Court CR2005-005939): Mr. U. had a teenage step son that was very troublesome and had been charged with arson and destroying property in the past.  His step son was getting D’s in school until Mr. U. began a more formalized schedule involving discipline.  When Mr. U. caught his step son destroying more property, he disciplined him with a belt.  He was subsequently charged with a class 4 felony child abuse.  We were able to show the Prosecutor the problematic history of the teenage step son and the Prosecutor agreed to reduce charges to a class 6 open/misdemeanor with probation and no jail.  At the conclusion of probation, Mr. U. only had a misdemeanor on his record.  The step son moved back to Tennessee to be with his biological mother.

February 4, 2014
Posted on Author By dmcadmin003 Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. B (DMC No. 10554)

CHILD ABUSE REDUCED to a CLASS 6 OPEN/MISDEMEANOR AGGRAVATED ASSAULT with PROBATION and ZERO DAYS JAIL – State v. Mr. B. (DMC No. 10554) (Pinal County Superior Court CR2011-02622): Mr. B. was accused of slapping a 7 year old in the face, giving him a black eye and striking him with a belt multiple times.  Mother and father had since separated, and she had taken the kids out of State without going through the Family Law Court.  Mr. B. made several admissions to disciplining his son, but stated that the mother was exaggerating. We were able to have the case reduced down from class 4 felony to a class 6 open which involved probation and no jail.  Once probation was completed, the case became a misdemeanor.  Mr. B. has no felony on his record.

February 4, 2014
Posted on Author By dmcadmin003 Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C (DMC No. 10411)

CHILD ABUSE REDUCED to MISDEMEANOR HINDERING PROSECUTION – State v. Ms. C. (DMC No. 10411) (Maricopa County Superior Court CR2011-006084): Ms. C. was accused by the school of striking her daughter in the eye and giving her a black eye.  The daughter later stated that she was placed into the corner for a time out, and she accidently fell over and struck the hinge on the door.  Due to some potentially incriminating statements, the case did not go to trial and instead was plead down to a misdemeanor “hindering prosecution” with 37 days of jail.  There is no conviction or felony on Ms. C.’s record.

February 4, 2014
Posted on Author By dmcadmin003 Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. W (DMC No. 5757)

CHILD ABUSE DISMISSED – State v. Ms. W. (DMC No. 5757) (Maricopa County Superior Court CR2005-048444): Ms. W. had previously been convicted of child abuse and was on probation.  When she had gone to daycare, she saw that her child had a small blood blister on his ear.  When she begun accusing the daycare center, they then called CPS on Ms. W.  Ms. W. was subsequently charged with child abuse by Grand Jury.  We were able to get the case dismissed based upon a faulty Grand Jury proceeding.  Ms. W. was facing a presumptive of 4.5 years in prison.

 

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