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Category Archives: City Court Victories

NOT CHARGED/DISMISSED | VEHICLUAR MANSLAUGHTER /DUI DRUGS (Marijuana)  – State v. Mr. C. (DMC No. 10610) (Apache Junction City Court TR20120026): A motorcyclist had been involved in a minor collision at Broadway Road & Meridian Road in Apache Junction. The motorcyclist then wandered around the car as Mr. C.’s car came up and struck and killed him.  Although no impairment was observed, the police ordered a blood draw from Mr. C., which revealed the presence of marijuana.  We filed a Motion to Suppress the blood draw, which was granted and the DUI drugs charge was dismissed.  We also were able to convince the prosecutors not to file charges for manslaughter as Mr. C. was not at fault for striking the motorcyclist.  No charges for manslaughter were ever brought.

REDUCED TO MISDEMEANOR THEN FOUND NOT GUILTY AT BENCH TRIAL – Aggravated Assault Against a Police Officer, State v. Mr. H. (City of Phoenix No. 20029032115CR): Mr. H. was at a party when shots were fired and police were called. When the police arrived, numerous people were throwing beer bottles at them. One officer indicated he saw Mr. H. throw a 12 oz. beer bottle towards the officers. The suspect was seen getting into a vehicle with 2 other people. When Mr. H. was contacted by police, he denied ever throwing a bottle. Although he was originally charged with Aggravated Assault Against a Police Officer, we were able to convince the Felony prosecutor to route the case to the Phoenix City Court for Misdemeanor Charges. While at the City Court, the prosecutor was seeking 30 days in jail. We had numerous witnesses who could attest that Mr. H. did not throw the beer bottle. At a trial to the court on the misdemeanor, he was found Not Guilty, and all charges were dismissed.

DISMISSED AT BENCH TRIAL/NOT CHARGED | AGGRAVATED ASSAULT/ASSAULT – State v. Mr. J. (DMC No. 5201) (Goodyear Municipal Court CR2004-00251): Mr. J. and his wife were going through marital problems when he came home to tell her that he was filing for divorce. They reconciled and he spent the night together. As he got up in the morning, he decided that he was going to follow through with the divorce, and he went into the garage to pack his tools. There, his wife met him and began attacking him. He swung around with one of his tools and struck her in the head by accident. We were able to convince the Maricopa County Attorney not to file Aggravated Assault charges with a Deadly Weapon (which would have exposed him to 5 to 15 years in prison), and instead he was charged as a misdemeanor. We set the case to trial, and on the date of the bench trial the State was unable to proceed due to witness issues, and the case was dismissed.

ASSAULT REDUCED to a MINOR in CONSUMPTION – State v. Ms. C. (DMC No. 10776) (Tempe City Court 12-029781): Ms. C. and her roommate were out at a bar, when they got into a fight.  They subsequently went back to their apartment, and began fighting again.  When police arrived, they found out both were intoxicated and possessed false ID’s.  Because Ms. C.’s roommate was bleeding from her lip, Ms. C. was arrested.  We were able to convince the Prosecutor’s to dismiss the assault in exchange for a simple “minor in consumption” ticket with no jail.

ENDANGERMENT/ASSAULT and THREATS DISMISSED – State v. Mr. C. (DMC No. 9812) (Scottsdale City Court CR2010-030292): Mr. C. was travelling in the back of a cab with another passenger when he lit a bank receipt on fire and held it within a foot from the cab driver’s head and the roof of the cab.  The officer was directly behind the cab and witnessed the entire incident.  He pulled Mr. C. over, and charged him with endangerment, assault and threats.  After interviewing all of the witness and the cab driver, we were able to convince the Prosecutor that nobody was actually endangered, assaulted or threatened.  The Prosecutor agreed to dismiss all charges in exchange for Mr. C. taking alcohol abuse classes.

PARTIAL ACQUITTAL at BENCH TRIAL | 2 COUNTS of ASSAULT – State v. Mr. P. (DMC No. 4661) (Scottsdale City Court CR200406289): Mr. P. was going through custody issues with his ex-wife, when he was accused of threatening her, spitting in her face and grabbing her. At trial we were able to prove he never threatened his ex-wife, nor did he ever spit in her face. However, he did admit to grabbing her arm. He was acquitted of the charge of spitting on and threatening his ex-wife.

PARTIAL ACQUITTAL at BENCH TRIAL | ASSAULT/DISORDERLY CONDUCT – State v. Mr. J. (DMC No. 6588) (Gilbert City Court 2006-CR0000019-MI): Mr. J. was in a custody dispute with his child’s mother, when he went over to her parent’s house to pick up the child. An argument ensued, and while he was holding the child he was repeatedly struck in the face by the mother. After he left, he was arrested and cited for being the aggressor. At trial, we could show that he did not commit an assault, nor was there disorderly conduct as to his ex-wife. He was found guilty only on a non-domestic violence disorderly conduct regarding the mother’s parents.

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. A. (DMC No. 7560) (Phoenix City Court 3684834): Ms. A. had been in an argument with her boyfriend at a BBQ, and when she left she set a box on fire in the driveway.  When police found her parked on the street, they noticed smoke inside of her vehicle.  They saw she had a burning pan of charcoal in the backseat, along with a container of lighter fluid.

She had told police that she had merely wanted to “get her boyfriend’s attention”.  She was originally going to be charged with Arson, however we were able to convince the Prosecutor to charge it merely as a misdemeanor “Reckless Burning”.  We then negotiated a “misdemeanor compromise”, and the State agreed to dismiss all charges.  Ms. A. was originally facing a felony with potential prison time.

REDUCED | FELONY INDECENT EXPOSURE State v. Mr. H. (DMC No. 7619) (Glendale City Court CR2003-021737):REDUCED to MISDEMEANOR URINATING in PUBLIC – Mr. H. was seen outside a local McDonald’s by a woman and her small children while he was urinating in the bushes.  It was alleged that he was doing this on purpose so that he could expose himself.  We were able to convince the Maricopa County Attorney’s Office that this was not the case, and that he was merely attempting to relieve himself and thought that nobody was around.  We were able to show them that he merely became startled when he heard the alleged victim and he turned to face her.  He ultimately received a misdemeanor ticket with only a fine and zero days in jail.

UNLAWFUL USE of MEANS of TRANSPORTATION DISMISSED – State v. Mr. S. (DMC No. 6550) (Mesa City Court 1997072258): Mr. S. and his friend were town for a wedding reception at the Arizona Golf Resort.  They became intoxicated and went for a joy ride on a golf cart and took it to a local Circle K.  They eventually abandoned the golf cart and it was found with the wedding program still inside.  The police obtained surveillance video and tracked down Mr. S.  He was very honest about what had occurred, yet he was still charged with Unlawful Use of Means of Transportation.  We were able to convince the prosecutor to dismiss all charges in exchange for some classes pursuant to a “diversion” program.  The conviction could have cost Mr. S. his pilot’s license.

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