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July 6, 2015
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76 Misconduct Involving a Weapon Dismissed, 76-78 Misconduct Involving a Weapon Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 9785)

TRANSPORTATION of MARIJUANA for SALE (20 Pounds), TRANSPORTATION of MUSHROOMS for SALE, MISCONDUCT INVOLVING WEAPONS and POSSESSION of DRUG PARAPHERNALIA DISMISSED (with PREJUDICE) DUE to SPEEDY TRIAL RIGHTS VIOLATION- State v. Ms. M (DMC No. 9785) (Maricopa County Superior Court CR2004-014824): Ms. M and her ex husband were both indicted by secret Grand Jury for Possession of Marijuana for sale, Possession of Dangerous Drugs (Mushrooms) for sale, Misconduct in Involving Weapons and Possession of Drug Paraphernalia. They were indicted in 2003, and her husband was arrested and went through multiple court proceedings and was tried. Ms. M was with her husband at trial, had been attending trial, had applied for clearances to work for the Government, and had multiple background checks conducted on her which never revealed an arrest Warrant issued by the Grand Jury. 6 years later, she was arrested and charged for these crimes. We filled Motions on her behalf showing that there was no exception to the “10 day rule” that requires an Arraignment within 10 days of an Indictment being issued, absence specific special circumstances. The judge agreed with us and Dismissed the case With Prejudice for violation of Ms. M’s Speedy Trial Rights.

July 6, 2015
Posted on Author By dmcantor Categories 100B Conspiracy Victories, 2100 Superior Court Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Apache County Superior Court Victories, Case Victories

State v. Ms. S (DMC No. 7531)

CONSPIRACY to TRANSPORT DANGEROUS DRUGS (Meth) for SALE and TRANSPORTATION of DRUGS for SALE REDUCED to POSSESSION of DRUG PARAPHERNALIA (Class 6 Open/Misdemeanor) with PROBATION and ZERO DAYS in JAIL- State v. Ms. S (DMC No. 7531) (Apache County Superior Court CR2006-280): Ms. S was a drug addict who also had bipolar disorder who was staying at her aunt’s just prior to checking into rehab. Her drug addict boyfriend showed up and convinced her to get in a car in order to travel to New Mexico. While driving they were stopped by the Police for minor traffic infraction and a large amount of cash and packaged methamphetamine was found in the vehicle. Both Ms. S and her boyfriend were arrested and charged.

We became involved and filled multiple Motions regarding the questionable nature of the stop. We also pointed out that it would be difficult for the state to prove Ms. S had knowledge of what was in her boyfriend’s car. Ultimately we secured a Plea Agreement which gave Ms. S Probation with zero days in jail. Unsuccessful completion of Probation, her case was designated a Misdemeanor and she had no Felony convictions on her record. Her ex boyfriend was not as lucky.

July 6, 2015
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A (DMC No. 6916)

POSSESSION of MARIJUANA for SALE (15 SEPARATE BAGGIES) REDUCED to PROBATION with ZERO DAYS in JAIL– State v. Mr. A (DMC No. 6916) (Maricopa County Juvenile Court No. JV544394): Police were called to a Circle K regarding 2 suspicious vehicles that were in the parking lot. When Police arrived, they walked up to Mr. A’s vehicle and smelled the odor of burnt Marijuana. They ultimately spotted a pipe on the floors, ordered everyone out of the car and conducted a search. 15 separate baggies of Marijuana, a ledger, and scales were found. Mr. A was charged with Possession of Marijuana for sale, a class 4 Felony. He was also charged with Misconduct Involving Weapons and Under Aged Consumption. Although Prosecutors originally wanted to put Mr. A in jail, we were able to convince the judge to include no time in jail is part of Mr. A’s Supervised Probation. Because the case was kept in Juvenile Court, Once Mr. A turned 18 there was no conviction on his record.

July 6, 2015
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. M (DMC No. 6948)

THIRD OFFENSE POSSESSION of MARIJUANA for SALE (205 Pounds) REDUCED to PROBATION with ZERO DAYS in JAIL- State v. Mr. M (DMC No. 6948) (Pinal County Superior Court CR2003-01769):  Mr. M was pulled over by DPS Officers for allegedly following a vehicle too closely, and having a plastic license plate cover which obscured his license plate. Police noticed a blanket was covering some items in the back seat of his camper shell, and they began pressuring Mr. M for consent to search then area. Ultimately, he gave consent and 205 Pounds of Marijuana was found in his vehicle. Officers also determined that Mr. M had prior Felony convictions for Trafficking in Marijuana in a different state.

Mr. M had separate counsel before he retained our services, and the best offer they could receive was 6 1/2 years in Prison. We followed up with Motions to Suppress for an Unreasonable Stop, and Coerced Search. Ultimately the Prosecutor offered a lower Prison deal which we rejected. Finally, they offered a plea which included Probation and zero days in jail. Mr. M was originally facing well over a decade in Prison should be have gone to trial and had been convicted.

July 6, 2015
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 8653)

POSSESSION of MARIJUANA (327 Pounds) for SALE REDUCED to CONSPIRACY to POSSESS (Class 6 Open/Misdemeanor) with PROBATION and ZERO DAYS in JAIL- State v. Mr. D (DMC No. 8653) (Maricopa County Superior Court CR2008-151152): Mr. D was an “Over the Road” trucker who was passing through Phoenix, Arizona who was stopped for an alleged safety inspection. He was also questioned by Officers and was not free to leave, and he was not read his Miranda rights. It also appears he was coerced into given consent to the search of his vehicle, in which 329 pounds of Marijuana was found. He invoked his Right to Remain Silent and he was immediately charged with Possession and Transportation of Marijuana. We spotted issues and filed Motions regarding No Reasonable Suspicion to Stop, Coerced Search, and Pre-Text stop. With negotiations with the Prosecutor, they agreed to reduce the charge down to Conspiracy to Possess (Class 6 Open/ Misdemeanor) which included Probation and zero days in jail. Mr. D was on Probation for 2 years, successfully completed his Probation and his case became a Misdemeanor. He has no Felony convictions on his records. He originally was facing mandatory Prison time.

July 2, 2015
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Case Victories

U.S. v. Mr. P (DMC No. 7645)

POSSESSION with INTENT to DISTRIBUTE 500 GRAMS OR MORE of COCAINE (with prior conviction for distributing 5 kilos of Cocaine) REDUCED to PROBATION with 1 YEAR and a DAY in PRISON – U.S. v. Mr. P (DMC No. 7645) (United States District Court, District of Arizona CR05-00520-001-PHX-ROS): Mr. P had done prior prison time for selling 5 kilos of Cocaine and also producing Crack Cocaine for sale. Although he had done well in prison and was drug free when he got out, he slid back into a drug addicted life style. A package he had sent containing over a half of kilo of Cocaine through the United States mail was intercepted and Mr. P was charged. We were able to negotiate a plea with the Prosecutor and present large amounts of Mitigation. Originally Mr. P was facing 4 years to life in prison, and then up to 5 years in prison per the plea agreement. We were able to have the first Judge removed from the case due to a Conflict of Interest, and the second Judge sentenced Mr. P to Probation with 1 year and a day in prison. He is now out of prison and living a successful life with his wife and children.

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 600 Drug Crimes Victories, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, Case Victories, Maricopa County Superior Court Victories

State vs. Ms. M (DMC No. 9788)

RICO/ILLEGAL CONTROL of an ENTERPRISE, CONSPIRACY, POSSESSION of NARCOTIC DRUGS for SALE, 5 COUNTS of POSSESSION of DANGEROUS DRUGS, POSSESSION of PRESCRIPTION DRUGS for SALE, POSSESSION of DRUG PARAPHERNALIA and 7 COUNTS of POSSESSION of PRESCRIPTION DRUGS: ALL REDUCED to 1 COUNT of ILLEGAL CONTROL of an ENTERPRISE and 1 COUNT of FORGERY with PROBATION and 9 MONTHS in JAIL. – State vs. Ms. M (DMC No. 9788) (Maricopa County Superior Court CR 2010-006048): Ms. M. became addicted to the prescription drug Oxycodone and Methamphetamine. She became involved with a ring of people who would forge prescriptions and secure drugs from various Pharmacies around the valley. They would then sell these drugs throughout the Phoenix area for a profit. After one of the individuals was arrested, a search warrant was issued and executed on Ms. M’s house. Various drugs and blank prescription pads were found, and then Ms. M. was arrested. She was ultimately charged with 17 counts of criminal activity. We were able to have Ms. M. enrolled in Counseling for her drug addiction, along with Rehab. We then secured an offer from the Prosecution in which they would not allege Ms. M’s prior Felony convictions. She was ultimately given Probation with a 9 month Jail term that included “2 for 1 eligibility”. She ultimately only had to serve 4.5 months in Jail.

 

 

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, 86C Use of a Wire Communication on a Drug Transaction Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. N (DMC No. 8333)

RICO/ILLEGAL CONTROL of an ENTERPRISE; MONEY LAUNDERING, CONSPIRACY, MISCONDUCT INVOLVING WEAPONS, USE of an ELECTRONIC COMMUNICATION DEVICE in a DRUG TRANSACTION, POSSESSION of MARIJUANA for SALE and POSSESSION of DRUG PARAPHERNALIA: ALL REDUCED to MISDEMEANOR HINDERING a PROSECUTION and MISDEMEANOR USE of a WIRE DEVICE to HINDER PROSECUTION with PROBATION and 8 DAYS in JAIL – State v. Ms. N (DMC No. 8333) (Maricopa County Superior Court CR 2007-007124): Ms. A. lived in a house that was occupied at various times by 7 other co-defendants. She owned the house, and inside of this house there was a large amount of Marijuana and guns. Police obtained a warrant in which they Wire Tapped all of the co-defendants, and then showed up with a physical search warrant. The Police recorded some co-defendants asking Ms. N to “lie to the Police” about who actually was using the residence. Ultimately, a 24 Count Indictment was issued by a Grand Jury Indicting all 7 co-defendants. We were able to demonstrate to the Prosecution that Ms. N. was the least culpable of all of the co-defendants. We eventually secured an offer 2 Misdemeanors which included Probation and 4 weekends of Jail. Originally, Ms. N. had been facing the prospect of over 10 years in Prison.

 

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47B Racketeering (RICO) / Illegally Conducting an Enterprise (State Charge) Victories, 600 Drug Crimes Victories, 86 Miscellaneous Drug Crime Victories, 86C Use of a Wire Communication on a Drug Transaction Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 9464)

RICO/ILLEGAL CONTROL of an ENTERPRISE; ASSISTING a CRIMINAL SYNDICATE; CONSPIRACY to COMMIT POSSESSION of MARIJUANA for SALE and USE of a WIRE COMMUNICATION in a DRUG RELATED TRANSACTION: ALL REDUCED to FACILITATION to COMMIT TRANSPORTATION of MARIJUANA for SALE with PROBATION and ZERO ADDITIONAL DAYS in JAIL. – State v. Mr. M (DMC No. 9464) (Maricopa County Superior Court CR 2010-005410): Mr. M was employed as a UPS driver and had become involved with 22 other co-defendants who were shipping Marijuana via UPS. After all defendants were arrested, Mr. M was charged with Assisting a Criminal Syndicate under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show that Mr. M was a very minor player who received low compensation for being involved in this Criminal Syndicate. Because he was not the “King Pin”, we were able to negotiate a deal which reduced all charges to the lowest level Felony of “Facilitation” which included Probation and zero additional days in Jail. If Mr. M were to have been convicted of all charges, he could have potentially spent the rest of his life in Prison.

March 16, 2015
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47C Racketeering (RICO) / Illegally Conducting an Enterprise (Federal Charge) Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, 86 Miscellaneous Drug Crime Victories, 86A Manufacturing of Dangerous Drugs Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 9458)

RICO/ILLEGAL CONTROL of an ENTERPRISE; CONSPIRACY; 2 COUNTS PRODUCTION of MARIJUANA (59 Plants) and POSSESSION of MARIJUANA for SALE: ALL REDUCED to ATTEMPTED POSSESSION of MARIJUANA for SALE with PROBATION and ZERO DAYS in JAIL – State v. Ms. M (DMC No. 9458) (Maricopa County Superior Court CR 2009-006134): Ms. M and 3 male codefendants were all living in a residence which maintained a Hydroponic growing facility which produced Marijuana. Officers had responded to a call of a strong odor of Marijuana coming from the residence, and after speaking with the residents a search warrant was issued. Eventually, 59 plants were found along with various Marijuana growing equipment that was valued at over $60,000. She was then charged under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show the Assistant Arizona Attorney General that Ms. M was far less involved than the other co-defendants, and therefore she deserved an offer which included Probation with the ability to argue for zero days in Jail. At sentencing, the co-defendants were given 1 year in Jail, and Ms. M was awarded zero days in Jail. Originally she had been facing mandatory Prison time.

 

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