CONVICTION SET ASIDE | RECKLESS DRIVING – State v. Ms. K. (DMC No. 10698) (Tempe City Court 2011-028905): Ms. K. had been cited for a DUI which was reduced to a reckless driving. She subsequently completed all classes and probation, and wished to go on to New Jersey in order to teach. We were able to have the court set aside her judgment of guilt, and the complaints against her were dismissed in full.
CONVICTION SET ASIDE | ASSAULT and DISORDERLY CONDUCT – State v. Mr. R. (DMC No. 10782) (Scottsdale City Court 2009-003718): Mr. R. had rented a “party bus” to attend the Phoenix Open with a group of friends. While they were stopped on the bus, another group of males attempted to enter, and a fight ensued. Subsequently, another individual was injured and Mr. R. was arrested for assault and disorderly conduct. We were able to show the court that Mr. R. had paid full restitution (even though there was a co-defendant), and that he had now married his girlfriend who was pregnant with their first child. The court set aside the judgment of guilt against Mr. R., and the complaints against him were dismissed.
NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Ms. K. (DMC No. 10723) (Mesa City Court 2012-004995): Ms. K. was accused of being in an argument with her boyfriend, and hitting him with a pillow and poking him with a finger in the forehead. She stated she was going to burn his pillows, and the boyfriend said “fine, burn them, I don’t care”. She did burn the pillows, and she was charged with criminal damage. At trial, her boyfriend and a witness testified. We also played the 911 tape, and the Judge found that there was no actual “criminal damage”. Ms. K. was found not guilty of all charges.
PROBATION VIOLATION DISMISSED/THEFT – State v. Mr. J. (DMC No. 10262) (Chandler City Court 2008-C2997861): Mr. J. was convicted of theft and sentenced to 1 year of probation along with diversion/dismissal classes. He failed to complete those classes, and a petition to revoke his probation was issued. We were able to show that he had been doing “in-patient” drug treatment, along with other counseling classes, and the Judge was convinced to dismiss the petition and to terminate Mr. J.’s probation completely.
PROBATION REINSTATED/SHOPLIFITING – State v. Mr. R. (DMC No. 5180) (Phoenix City Court 2993756): Mr. R. was convicted in Superior Court of shoplifting at a Robinson’s-May Department store. This resulted in a Petition to Revoke his probation on his three prior shoplifting charges out of the City of Phoenix. We were able to go in and bring him current on fines and classes, and convince the court to not violate him. They also gave him 2 additional months to complete shoplifting classes.
REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to “disorderly conduct” with zero jail – State v. Mr. R. & Ms. W. (DMC No. 10344 & 10345) (Mesa City Court 2011-068741 & 2011-068733): Mr. R. & Ms. W. were engaged to be married, when they went to a local park in his truck. It was dark out and nobody else was around when they began engaging in sexual conduct. Officers who were patrolling the park at night for high school curfew violators snuck up on the vehicle, and then looked inside. Both Mr. R. & Ms. W. were cited. We became involved in the case, and we convinced the Prosecutor that the officer’s had to “sneak up” on them and were “hoping” to see them engaged in sexual intercourse. Due to the potential embarrassment if the case were to proceed to jury trial, the Prosecutor agreed to reduce the charges to a simple “disorderly conduct” with a small fine.
REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to disturbing the peace with zero days jail– State v. Mr. D. (DMC No. 10169) (Phoenix City Court 2001-9002978): Phoenix Police Detectives were conducting an undercover operation at the Dreamy Draw Park where gay men often went to engage in sexual activity. The undercover officer made contact with Mr. D. and began to “flirt” with him. Mr. D. eventually reached over and touched the officers crotch over his jeans, and was immediately arrested for public sexual indecency. Due to entrapment defenses, along with the fact that no “reasonable” person would be offended in the same circumstance (i.e. two apparently gay men flirting in secluded area), we convinced the Prosecutor to reduce the charge to a simple “disturbing the peace” with a small fine.
DISMISSED | OBSTRUCTING PUBLIC THOROUGHFARE DISMISSED – State v. Mr. F. (DMC No. 4996) (Tempe City Court 04-765642): Mr. F. was in downtown Tempe on Mill Avenue, when he ran across a street before the crosswalk signaled him to. Traffic had to stop, and a bike patrol officer rode up and cited Mr. F. for “obstructing a public thoroughfare”. Due to the age of Mr. F., and his clean criminal history, the prosecutor agreed to dismiss the charge in exchange for community service.
REDUCED | DISPLAYING ALTERED DRIVER’S LICENSE REDUCED to “speeding” ticket” – State v. Mr. P. (DMC No. 5988) (Cave Creek City Court TR2005-1141): Mr. P. was pulled over by a Maricopa County Sherriff’s Deputy for allegedly going 62 in a 45. The area was somewhat of a “speed trap”. When the officer looked at Mr. P.’s license, it looked as if an 8 had been scratched out to look like a 3. Mr. P. admitted to scratching out his license in order to increase his age above 21 so he could get into bars. Through negotiations with the prosecutors they agreed to dismiss the “altered license” criminal charge in order to exchange for a “civil speeding” ticket and a small fine. This spared Mr. P. from having his license suspended until he was 21.
REDUCED | RECKLESS DRIVING/RACING REDUCED to “speeding” ticket – State v. Mr. L. (DMC No. 10741) (Scottsdale City Court TR-2012013187): Mr. L was seen southbound on 82nd Street leaving a Circle K parking lot. He was accused of “peeling out”, and fishtailing as he accelerated rapidly out of the store. The officer cited him with “reckless driving”, exhibition of speed/racing, and improper left turn. They presented ariel photographs of the area (through Google Earth) and also explained that nobody was actually put in harm’s way. In addition, Mr. L. drove a powerful car that would often squeal its tires at a light touch on the gas pedal. The prosecutor agreed to dismiss the “reckless driving” and “racing” tickets in exchange for a simple “speeding ticket” and small fine.