August 26, 2005

August 26, 2005 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 5566)

Mr. T was seen by a Mesa Police Officer near 6^th Street and Standage, possibly sleeping in his vehicle. The Officer ran a license plate check, and because the car came back as belonging to a female owner, he went back in order to make contact with Mr. T. Mr. T drove away as the Officer was pulling up, and he was then pulled over by the Officer. Because he provided a false identification, and his real name revealed that Mr. T had 2 prior Felony Convictions, he was removed from the car, arrested and searched.

2 baggies of methamphetamine, along with some drug paraphernalia were found on Mr. T. He was then charged with Felony Possession of Dangerous Drugs (Methamphetamine) under Arizona Revised Statute ARS 13-3407. Because of his 2 prior convictions, he was facing a possible 15 years in Prison if convicted.

At Trial, we were able to show that the methamphetamine was actually not in his possession, but was in a fanny pack next to Mr. T. Mr. T had told the Police that the fanny pack did not belong to him, but belonged to a person named “Matt” who was a friend of his girlfriend. Because the Police had not fingerprinted the fanny pack or baggies, the Jury found reasonable doubt and returned a verdict of Not Guilty on all charges.

May 3, 2005

May 3, 2005 By dmcantor 1200 Dismissed at Trial, 400 Theft / Fraud Crime Victories, 47L Shoplifting Victories, Case Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. R (DMC No. 5248)

DISMISSED at JURY TRIAL | SHOPLIFTING – State v. Mr. R. (DMC No. 5248) (Phoenix City Court 3204962): Mr. R. was accused of going to a Robinson’s May store and picking up a water purifier from the sales floor, then taking it to the front register to try to and return it. Loss Prevention Officer’s stated they had recognized him from previous incidents, and he was arrested for shoplifting. The case was set for jury trial, and at the time of trial the State could not meet its burden with the proper Loss Prevention witnesses. The case was dismissed in its entirety.

April 22, 2005

April 22, 2005 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, City Court Victories, Jury Trial Victories, Youngtown City / Magistrate Court Victories

State v. Mr. D. (DMC No. 5182)

Mr. D. was found in a Circle K parking lot in Youngtown, Arizona just after midnight. The car was in park, the engine was on in order to run the heater, and the seat was fully reclined with Mr. D. seated fast asleep. When the Youngtown Police Officer’s woke him up, he stated he was sleeping because he did not want to drive.

Once he was removed from the car, a background check was conducted which revealed he had a prior DUI conviction. He was then charged with a 2^nd Offense Extreme DUI under Arizona Revised Statute ARS 28-1382 and arrested. He produced a BAC content of .190 down at the station.

At Trial, we were able to show that Mr. D. was not in “Actual Physical Control” of his vehicle, and did not pose a danger to anyone on the roadway because his car was in park, he was asleep, and he was merely using it as a temporary shelter in order to “sleep it off”. The Jury agreed, and returned verdicts of Not Guilty on all charges against Mr. D. He was originally facing a minimum of 4 months in Jail.

February 16, 2005

February 16, 2005 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 5066)

Police were called out to State Trust Land regarding a stranded pickup truck that appeared to try to drive through a cable fence. When Police arrived, they found Mr. W’s truck hung up on a cable with a large amount of transmission fluid leaking under the bottom. Mr. W was reclined in the driver’s seat and was asleep. The Officers claimed that Mr. W’s engine was still on.

After Mr. W was awakened, it appeared that he was extremely intoxicated. The Officer ran a background check and found that he had 2 prior DUI’s from several years earlier. Various empty Budweiser beer cans were found around his truck. When he was asked about drinking, he stated that he drank after the truck got stuck. He also said he had called his wife to come and get him. As Mr. W was being arrested for Felony Aggravated DUI pursuant to Arizona Revised Statute ARS 28-1383, his wife attempted to call him on his cell phone.

At Trial we were able to argue that the State could not prove that the drinking had occurred prior to the accidents. In addition, we argued that they could not prove Mr. W was in “Actual Physical Control” of his truck when he was found by the Officer’s. He was merely using it as a temporary shelter as he waited for his wife to arrive. Even if his engine were running (as the cops claimed), this would be irrelevant as he was currently under “Safe Harbor” according to the law. The Jury agreed and returned the verdict of Not Guilty on all charges. Mr. W was facing a minimum of 4 months in Prison if he were to have been convicted.

December 4, 2004

December 4, 2004 By dmcantor 1200 Dismissed at Trial, 1A DUI / Vehicular Crime Jury Trial - Dismissed, 200 DUI / Vehicular Crime Victories, 908 Phoenix DUI Wins, Case Victories, City Court Victories, Jury Trial Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. F (DMC No. 4908)

DISMISSED at JURY TRIAL | DUI (.070 BAC) – State v. Mr. F. (DMC No. 4908) (Phoenix City Court 3040345) [December 4, 2004]: Mr. F. was observed driving 85 to 90 mph, when he was weaving in and out of traffic and slammed on his brakes. A fully marked DUI van almost rear ended Mr. F. as they were “pacing” him. He was subsequently arrested for DUI and provided a .070 BAC. At trial, as jury selection was nearing an end, the Prosecutor realized that it did not look favorable and dismissed all charges.

July 13, 2004

July 13, 2004February 8, 2023 By dmcantor 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, Case Victories, Jury Trial Victories

State v. Mr. P (DMC No. 4541)

COMPLETE ACQUITTAL at JURY TRIAL/NOT GUILTY: EXTREME DUI (.179 BAC), DUI & DWI – State v. Mr. P (DMC No. 4541) (Phoenix City Court No. 3029827): Phoenix Police Officers claim that they saw Mr. P at 24^th Street and Thomas Road in Phoenix, Arizona when he exited a private drive and forced another car to swerve and slam on its brakes. The Officers rendition differed from those of another officer that was at the scene. After Mr. P was pulled over, he was given a Breath Test which revealed a .179 BAC. He was then arrested and cited for DUI. Just prior to Jury Trial, we had filed Motions arguing that the Breath Testing device did not have satisfactory calibration records. The State was forced to dismiss the Extreme DWI and DWI charges, and preceded to the Jury on the DUI charge only. At Trial, we were able to show enough discrepancies in the evidence, which resulted in a verdict of “Not Guilty” being returned on all remaining charges.

March 11, 2003

March 11, 2003 By dmcantor 1100 Partial Jury Trial Acquittals, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State vs. Mr. M (DMC No. 3602)

Not Guilty | (DMC No. 3602) (Maricopa County Superior Court No. CR2002-097294): Mr. M had a history of psychological problems and post traumatic stress disorder. He had previously been convicted of aggravated burglary; aggravated assault with a weapon; and aggravated assault on a police officer in three different jurisdictions. He had spent over 4 years in jail prior to being charged in Arizona. In Arizona, he was undergoing a psychotic episode and had drunk 14 wine coolers. He had gotten into an argument with his girlfriend and caused damage in a motel before moving on to a local convenient store. He then assaulted several patrons at the convenient store when the police arrived. It took three officers to arrest him and haul him with restraints. They claimed he was kicking, biting and spitting at them. He subsequently was charged with felony aggravated assault on a police officer, misdemeanor criminal damage and misdemeanor disorderly conduct. After a 3 day trial, the jury hung on the felony charge, and it was subsequently dismissed. As to the two misdemeanor charges, Mr. M. received minor jail time only. He was originally facing a possible 10 years in prison before we represented him.

October 31, 1999

October 31, 1999 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 100B Conspiracy Victories, 1900 Federal Court Victories, 40 Theft and Fraud Jury/Bench Trial Victories, 400 Theft / Fraud Crime Victories, 47D Bank, Mail and Wire Fraud (Federal Charge) Victories, Case Victories, Jury Trial Victories

U.S. V Mr. J (DMC No. 1153)

NOT GUILTY / COMPLETE ACQUITTAL | FELONY 6 COUNTS BANK AND WIRE FRAUD – Mr. J was a partner in JWJ Construction and Contracting. This company handled projects that included paving the runways for the Sky Harbor Airport, amongst other large scale jobs. At the direction of his partner and their accountant, he was tricked into signing various loan documents which did not properly reflect JWJ’s assets and liabilities. Eventually, the loans defaulted which resulted in a $1,500,000.00 loss to the bank, and $18,000,000.00 loss to the bonding company. Mr. J was subsequently charged with one count of Bank Fraud, three counts of Wire Fraud, one count of Conspiracy, and one count of False Statements to a Federally Insured Institution. His case went to Jury Trial and David Cantor received a Not Guilty verdict on all six counts (a Complete Acquittal). Mr. J’s partner and accountant each cut a deal with the prosecution to testify against Mr. J. The accountant received a felony and was placed on probation, and Mr. J’s partner was sentenced to over one year in prison.

US District Court of Arizona No CR98-809-PHX-EHC

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