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Category Archives: Coconino County Superior Court Victories

REDUCED (ALL) | THEFT ($160, 000)/BURGLARY (with prior) and CRIMINAL DAMAGE all REDUCED from 7 YEAR PRISON offer to 2.5 YEARS “soft” – State v. Mr. P. (DMC No. 5012) (Coconino County Superior Court CR04-0292): Mr. P. was accused of breaking into numerous County buildings along with several co-defendants and stealing $160,000 worth of computer equipment and other property.  Because he had a prior conviction, he was facing decades in prison.  With his previous attorney, he was being asked to plead to 7 years in prison.  When we took over the case, we were able to demonstrate mitigating factors (along with flaws in the case), and secure a 2.5 year “soft” offer.  Mr. P. only served 22 months in custody.

 

REDUCED | 3 COUNTS of SEXUAL ASSAULT; 3 COUNTS of KIDNAPPING; 7 COUNTS of SEXUAL ABUSE; 2 COUNTS of ATTEMPTED SEX ABUSE and 1 COUNT of ATTEMPTED KIDNAPPING REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. R. (DMC No. 8086) (Coconino County Superior Court CR2007-0480): Mr. R. was a high level fire fighter in Flagstaff, Arizona who was accused of sexually assaulting his sister in law. His sister in law had been going through psychological counseling and had a “breakthrough” regarding “finding the strength to come forward”. She reported to Detectives that she had been groped, held and sexually assaulted multiple times since 1986 by her brother in law (a period spanning some 20 plus years). When Mr. R. was questioned by Detectives he admitted that he had a relationship of a sexual nature with her for some time, but stated it was fleeting in nature.

He was subsequently charged with 3 Counts of Sexual Assault (ARS 13-1406), 3 Counts of Kidnapping (ARS 13-1304), 7 Counts of Sexual Abuse (ARS 13-1404), 2 Counts of Attempted Sexual Abuse (ARS 13-1001 and 13-1404), and 1 Count of Attempted Kidnapping (ARS 13-1001 and 13-1304). Through extensive interviews with various family and community members, we were able to show that this had appeared to be a somewhat flirtatious and consensual relationship. However, due to the alleged “victims” statements, Mr. R. agreed to accept a plea that involved Probation and zero days in jail. If he were to have gone to trial and lost he could have easily spent his life in prison. Because he did admit that his advances may have been unwanted he agreed to accept the plea.

REDUCED | 2 COUNTS of CHILD MOLESTATION (DCAC) REDUCED to ATTEMPT with PROBATION and ZERO DAYS in JAIL – State v. Mr. M. (DMC No. 8013) (Coconino County Superior Court CR2007-0791): Mr. M. had been divorced and had an 11 year old adopted daughter (who was adopted when she was 1 ½) and a 9 year old biological daughter with his ex wife. During his 2 weeks of visitation each summer he would take his daughters to Flagstaff to the Slide Rock Lodge. After returning home from one of the trips, his 11 year old adopted daughter claimed to their mother that Mr. M. had fondled her and removed his exposed penis and “rubbed it on her”. When Police had the alleged victim initiate a “confrontation call”, which was recorded, Mr. M. denied everything. At the end of the call, the alleged victim stated “maybe I was dreaming it”. When Police contacted Mr. M. directly he agreed to do a polygraph test and to answer all questions. After answering questions, a polygraph test was scheduled for a later date, which was cancelled under advice of his attorneys. His ultimately was indicted for Child Molestation, ARS 13-1410, a Dangerous Crimes Against Children (DCAC).

We became involved in the case and were able to secure Mr. M.’s release pending trial. Otherwise, he would have to remain incarcerated until the case resolved. We also had him take a polygraph test in which he passed. During the defense of the case we were able to show that his adopted daughter had a history of exaggerating and making up stories. We also discovered that there were eight empty beer cans found in the waste basket, and Mr. M. had been drinking heavily the night of the alleged incident. He remembered nothing after he fell asleep in front of the TV until he woke up the next morning. The Deputy Coconino County Attorney in charge of the case ultimately offered a plea to “Attempt” based upon Mr. M.’s intoxicated state, which would include probation. At sentencing, we convinced the judge to issue zero days in jail and Mr. M. was required to take alcohol abuse classes. Mr. M. was originally facing 10 to 23 years in prison (day for day) if he were to have been convicted.

CONVICTIONS SET ASIDE | 3 COUNTS POSSESSION DRUG PARAPHERNALIA, 2 COUNTS AGGRAVATED HARASSMENT and 1 COUNT FRADULENT USE of a CREDIT CARD CONVICTIONS SET ASIDE – State v. Mr. R. (DMC No. 8726) (Coconino County Superior Court CR00-99; CR00-281; CR00-581; CR01-419; CR01-420): Mr. R. was a drug addict at the time he received all of these criminal charges in a 1 year time span.  After satisfying his prison term in all conditions of his probation, he had remained drug free and employed for 5 full years.  We were able to convince the court to set aside the convictions of all 6 criminal charges.  Mr. R. was able to successfully move on with his life.

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