State v. Ms. R (DMC No. 7068)

(University Lakes Justice Court No. JC2006161187): Ms. R. was a student at ASU. She had gotten into an argument with her dorm roommate, who claimed that Ms. R. was threatening her without specifically stating she would do physical violence. The case was set to bench trial, and on the day of trial the State had not subpoenaed their necessary witnesses. The State attempted to continue the case, and we objected. When the State moved to dismiss so they could merely re-file the case on a later date, we asked the judge to dismiss the case “with prejudice.” That motion was granted. The State then moved for a motion to reconsider and they were denied. Ms. R. was facing a possibility of up to six months in jail.

August 29, 2011

August 29, 2011 By dmcantor 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 95 Trespass Victories, 97 Property Crime Jury / Bench Trial Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. L (DMC No.’s 10123 & 10124)

DISMISSED AT BENCH TRIAL | DISORDERLY CONDUCT/TRESPASS – State vs. Mr. L. (DMC No.’s 10123 & 10124) (Mesa City Court No. 2011-023078 & 2011-023076): Mr. L. was drinking at a strip club when he began thinking about an old girlfriend that lived in the neighborhood. He tried to find his old girlfriends house and went knocking at the doors of several residences at approximately 4:00 in the morning. Due to his intoxicated state, the police were called and Mr. L. was charged with Trespassing/Disorderly Conduct at two separate locations. On the date of the Bench Trial, we reviewed all evidence with the prosecutor and they agreed to Dismiss all charges.

June 29, 2011

June 29, 2011 By dmcantor 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, 51 Assault/Domestic Violence Dismissals, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 97 Property Crime Jury / Bench Trial Victories, Apache Junction Justice Court Victories, Case Victories

State v. Mr. B (DMC No. 10031)

DISMISSED AT BENCH TRIAL | ASSAULT/CRIMINAL DAMAGE/DISORDERLY CONDUCT State vs. Mr. B. (DMC No. 10031) (Apache Junction Justice Court No. 2010-0207): Mr. B. was in the process of filing for divorce against his wife who was constantly accusing him of cheating on her. She attacked him several times during the course of one night and scratched his face. He then physically pushed her in order to defend himself. During the course of this altercation, his cell phone was damaged. Mr. B.’s ex-wife waited until the next day to report the incident to the police while at a friend’s house. On the day scheduled for Bench Trial, we explained all factors to the prosecutor involving self defense, and they moved to Dismiss the case at that time.

June 27, 2011

June 27, 2011 By dmcantor 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Glendale City Court Victories

State vs. Ms. S (DMC No. 9987)

State vs. Ms. S. (DMC No. 9987) (Glendale City Court No. CR2011-010216): Ms. S. was arguing with her husband of 20 years, when he shut the bedroom door. When she attempted to get inside of the bedroom, Mr. S. opened the door rapidly and the two collided with each other and fell to the floor. Two older children became upset and entered the room. At that time Ms. S. called police and they arrived to take statements. Because Ms. S. was a United States citizen from Lybia, she had an accent and her English was broken, the police decided to arrest her and charge her with disorderly conduct. We were able to convince the prosecutor that this was not a true Disorderly Conduct but merely an accident and the argument got somewhat out of hand. All charges were Dismissed against Ms. S.

May 20, 2010

May 20, 2010 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 20 Sex Crime Jury/Bench Trial Victories, 30 Indecent Exposure Dismissals, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 33 Public Sexual Indecency Dismissals, 33-35 Public Sexual Indecency Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Jury Trial Victories, Mesa City Court / Mesa Municipal Court Victories

State V. Mr. J (DMC No. 9674)

Mr. J. was accused of traveling through a neighborhood and committing sex acts inside of his car in front of 3 different girls. When the girls were interviewed by Detectives, they were presented with a photo of a registered a registered sex offender in the neighborhood, and they all identified this person instead of Mr. J. When that person had an alibi, they checked various vehicle descriptions and located Mr. J through his vehicle. The Detectives indicated that Mr. J confessed to all the crimes when interviewed by them. He was subsequently arrested and charged with Public Sexual Indecency under Arizona Revised Statute ARS 13-1403(A)(1).

At Trial, we argued that the offense the girls were describing was Indecent Exposure and not Public Sexual Indecency, (since there was no actual sex act involved). In addition, we pointed out that they had identified somebody completely different than Mr. J. when shown the original photo lineup. Lastly, we argued that this so called confession by the Detectives was never recorded, as would be standard procedure, and therefore was very suspect. The Jury agreed and Mr. J was found Not Guilty of the charge.

May 3, 2001

May 3, 2001 By dmcantor 100J Obstruction/Hindering Operation Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 800 Miscellaneous Crime Victories, Case Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. R (DMC No. 5319)

Mr. R was undergoing Xanax withdrawals when he walked into an Old Chicago restaurant in Mesa, Arizona. Somebody called the Police claiming that Mr. R was acting erratically and when they arrived at the restaurant they saw Mr. R fleeing on foot. He was eventually chased down, thrown to the ground and taken into custody. While he was being arrested, he began to struggle and Officers charged him with Obstructing Governmental Operations under Arizona Revised Statute ARS 13-2402(A)(2) and Disorderly Conduct under Arizona Revised Statute ARS 13-2904.

We were able to provide Prosecutor with evidence that Mr. R was detoxing from Xanax which could cause paranoia. We also presented evidence that he was talking erratically on the night that he was arrested. We then showed them that it’s inappropriate to charge someone with Obstructing a Government Operation under the Statute. The Prosecutor agreed to dismiss all charges against Mr. R. if he would remain law abiding for a short period of time and take some classes to deal with his Xanax addiction issues.

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