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Category Archives: 79B Endangerment Victories

CONVICTION REVERSED PCR (Rule 32) (7 YEAR PRISON SENTENCE) and NEW PLEA OFFER GIVEN with LESS PRISON TIME/ FELONY MANSLAUGHTER (with GUN) and (3 COUNTS) FELONY ENDANGERMENT (DANGEROUS) – State v. Mr. M (DMC No. 11460) (Yuma County Superior Court No. S1400CR2009-00194): Mr. M had been reckless with a firearm while in the presence of a woman and her three children. The gun discharged and killed the woman. Mr. M was subsequently charged with Manslaughter (Dangerous) and 3 Counts of Endangerment (Dangerous). His first Attorney had the case for 2 years and conducted no interviews. In addition, that Attorney advised Mr. M not to take an offer to Negligent Homicide with a range or 4-8 years in prison. Mr. M subsequently terminated that Attorney and hired another Attorney. That Attorney had the case for 7 months and conducted no interviews. An offer was secured by that Attorney to probation with 1 year in jail, or prison with 5-12.5 years of incarceration. That Attorney told Mr. M that he could most likely get the probationary term with only a year in jail. He was ultimately sentenced to 7 years in prison.

We were hired by Mr. M’s family to file a Post Conviction Relief Petition pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. We had evidence in our Petition that both previous Attorney’s were “ineffective” because they had not interviewed any witnesses. In addition, when Mr. M was sentenced, 8 other mitigating factors were not presented to the Judge. Just prior to an Evidentiary Hearing in front of the sentencing Judge, the Prosecutor offered a new plea agreement which allowed Mr. M to be sentenced to 5.5 years in prison, with credit for the time he had already served. Our involvement in the case saved him 1 and a half years of prison time.

NOT CHARGED | ENDANGERMENT/ASSAULT and POSSESSION of MARIJUANA – State v. Mr. M. (DMC No. 1210) (West Mesa Justice Court A426477): Mr. M. pulled up to a convenience store when another vehicle pulled up and the driver “flipped him off”.  He ran up to speak to the driver, and as he did so he turned his hip to reveal a gun on a holster.  The other driver apologized and Mr. M. went into the store.  Ten minutes later police showed up and arrested him.  They claim they found marijuana in his possession, and charged him with endangerment, assault, and possession of marijuana.  Because Mr. M. had invoked his right to remain silent, along with our explanation to the Prosecutor that he never threatened the use of his weapon (or made threats in any way), and no charges were filed against Mr. M.

ENDANGERMENT/ASSAULT DISMISSED – State v. Mr. C. (DMC No. 6627) (Apache Junction Justice Court DV2006-0118): Mr. C. had received a call from ex-wife which had upset him.  He then sat down with his new wife, and three children, and began yelling at all of them.  She became scared and called police.  He was eventually arrested and cited for endangerment and assault.  We were able to show that he never actually touched anyone, nor would was there any real danger of anyone being harmed.  The Prosecution agreed to dismiss charges in exchange for Mr. C. attending classes per a “diversion” agreement.

 

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.

VEHICULAR ENDANGERMENT REDUCED to MISDEMEANOR with PROBATION and ZERO DAYS in JAIL – State v. Mr. E. (DMC No. 8853) (Maricopa County Superior Court CR2009-104322): Mr. E. had gone out drinking with his girlfriend when they became engaged in an argument while driving home in his truck.  According to witnesses, they were engaged in a physical struggle when he opened the passenger door and pushed her out of the truck while it was travelling at 10 to 15 mph.  She eventually was taken to the hospital and had x-rays for some minor injuries.  Mr. E. was charged with Vehicular Endangerment and was facing potential prison time.  We were able to convince the Prosecutor to reduce the case to a simple misdemeanor with probation and zero days in jail.  Mr. E. has no felony on his record.

 

NOT CHARGED | FELONY ENDANGERMENT – State v. Mr. B. (DMC No. 6312) (Glendale Police Department DR04-065913): Mr. B. was the driver of a vehicle that contained four young men. The back seat passengers had brought fireworks from home and were shooting “river rockets” out of the back seat. One of them set off other fireworks in the car, and the entire car burst into flames. Two of the people had to be air evac to the hospital for severe burns. Mr. B. was being investigated for “Endangerment”, and after an extensive Discovery process, we convinced the Detectives that no charges should be brought against Mr. B. specifically.

ENDANGERMENT to RECKLESS DRIVING with ZERO DAYS in JAIL – State v. Mr. O. (DMC No. 4432) (Mesa City Court 2003-071445): Mr. O. was involved in divorce with a child custody battle, when he went to his residence to remove some property.  An officer was assigned to do a “civil standby”, and as Mr. O. was leaving,  it was alleged that he swerved at two neighbors that were standing on the sidewalk.  They both jumped back, and then Mr. O. was accused of driving within 12 inches of a patrol car.  We were able to show the Prosecutor that both of the neighbors, and the police officer who conducted the civil standby were friends with Mr. O.’s wife and new boyfriend.  The Prosecutor agreed to reduce the endangerment down to a mere misdemeanor “reckless driving” with zero day’s jail.

ENDANGERMENT REDUCED to a MISDEMEANOR DUI with TIME SERVED – State v. Mr. V. (DMC No. 5221) (Maricopa County Superior Court CR2002-000730): Mr. V. was charged with being involved in a DUI accident with injuries to a child.  He produced a .183 BAC, and he was arrested for both DUI and felony endangerment.  Through our investigation, we showed that the child was playing with his skateboard and he ran out into the street directly in front of Mr. V.’s car in order to grab the board which had gotten away from him.  We convinced the Prosecutor to dismiss the felony endangerment in exchange for the misdemeanor DUI with a credit for 16 days of jail time which had already been served.  Mr. V. was facing up to 3 years in prison if he were to have been convicted.

 

CONVICTION SET ASIDE and CIVIL RIGHTS RESTORED/FELONY VEHICULAR ENDANGERMENT – State v. Ms. M. (DMC No. 10769) (Maricopa County Superior Court CR2009-175984): Ms M. had been driving on the freeway, when another vehicle had engaged her in a “road rage”.  Eventually, Ms. M. had slammed on her brakes and the other vehicle was involved in a car accident.  Ms. M. was eventually charged with endangerment, and plead guilty.  Since that time, she completed probation and the matter was designated a misdemeanor.  We were able to petition the court to have the judgment of guilt set aside and her civil rights restored. The complaints against her were dismissed.

DISMISSED | FELONY AGGRAVATED DUI & FELONY ENDANGERMENT – (0071622CR): Mr. P. was cited for an alleged Felony Aggravated DUI and Felony Endangerment after a car accident. We were able to show that the accident was not caused by Mr. P., nor he was impaired while driving. In addition, we were able to show that he possessed a valid license at the time he was driving, therefore, there was no basis for the Felony DUI. All charges were dismissed.

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