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Category Archives: Justice Court Victories

State v. Mr. C (DMC 15410) – Animal Abuse – Reduced to 5 Days in Jail – Phoenix City Court (Case No. 5306674):  Mr. C was seen by people pulling his SUV over on the side of the road, retrieving a cat from the passenger side door, and throwing it over a fence.  The cat the scrambled off and hid underneath a car and was almost struck by Mr. C as he left the scene.  The witnesses then took the cat to the Humane Society and had it nursed back to health at a cost of almost $900.  Mr. C was ultimately tracked down and charged with Animal Cruelty.  We were able to present evidence that the cat dug his claws into Mr. C’s arms while he was attempting to remove it from the car, and that it then ran away after he flailed his arms due to the pain.  He had not abandoned the cat, nor had he tried to harm the cat.  Because of the strength of the witness’s testimony, the State was seeking a significant amount of jail time.  Although he was facing up to six months in jail, we were able to reduce the ultimately sentence to only five days.

State v. Mr. H (DMC 15877) – Felony Tampering with Evidence – Dismissed (with Classes) – Maricopa County Superior Court (Case No. CR2018-138288):  Mr. H had been arrested for misdemeanor DUI and had been taken to the police station.  After the police had drawn two vials of his blood and packaged them both in a single box, they informed Mr. H that he could get an Independent Test of his blood if he wished to challenge the State’s results.  He was also told that the second vial would be available for him to get tested.  Mr. H became confused, and thought that the box with both vials of blood contained his own sample to take with him.  He put the box in his pocket and left with it when he was released from the police station.

Ultimately, the police contacted him and informed him that he had taken their samples of blood.  They claim that he had denied that he had taken the blood samples, and then they produced videotape evidence showing that he had.  He was ultimately arrested and charged with felony Tampering with Evidence.  We were then hired by Mr. H to represent him on the felony, and not on the underlying misdemeanor DUI (in which he already had an attorney).  Ultimately, we were able to have the Prosecutor agree that this was a mistake and that they could lose at trial.  They then allowed the case to be Dismissed upon successful completion of classes for alcohol consumption by Mr. H.

State v. Ms. E (DMC 15445) – Felony Arson and Felony Criminal Damage – Dismissed – Maricopa County Superior Court (Case No. CR2018-151423):  Ms. E had suffered from PTSD and was on various medications.  She had taken two of those medications together and went to sleep, when she awoke was panicked because she thought her dog was locked inside of the car.  She smashed the car in order to get into it, and realized her dog was not there.  She then called her husband, who informed her that he had the dog.

During this ordeal, she had somehow set the car on fire.  We were able to show the prosecutor that she was having a medical episode, and that her husband (the co-owner of the car) did not wish for charges to be pressed.  Ultimately, the State agreed to Dismiss charges against Ms. E.  Originally, she was facing a large amount of prison time.

State v. Mr. F. (DMC 15474) – Felony Possession of Marijuana and Possession of Drug Paraphernalia – Teaching License Reinstated at Board Hearing – Arizona Department of Education (Case No. C-2017-697R):  Mr. F had been charged two years prior with Felony Possession of Marijuana and Felony Possession of Drug Paraphernalia.  We were able to negotiate a resolution that involved classes, which, upon successful completion, would result in a Dismissal of all charges.  As Mr. F was a school teacher, he was informed that pursuant to Arizona Revised Statute 15-534.02, that he would lose his license for a period of five years.  We requested a hearing in front of the Arizona State Board of Education, which was ultimately granted.

During the hearing, we provided numerous witnesses that showed Mr. F was doing a good job as a substitute teacher.  We also showed that he was not an immoral person, and the reason that he had used marijuana was due to back pain.  His lack of a medical marijuana card was merely an oversite.  He had since obtained a medical marijuana card, which allowed him to legally use the drug.  We also showed that Mr. F worked with special education children, some who had Downs Syndrome who were non-verbal.  Because of his knowledge of sign language, and his specialized training, he was a very valuable teacher.  Ultimately, the Committee agreed to Reinstate Mr. F’s Teaching License.

DISMISSED | SHOPLIFTING – State v. Mr. H. (DMC No. 8999) (West Mesa Justice Court JC2009-121878): Mr. H. was observed going through a department store trash can and picking out receipts.  He would then pick the matching merchandise off the shelves in attempt to return those products. Due to Mr. H.’s young age, and drug addiction, we were able to convince the Prosecutor to dismiss charges in exchange for 30 hours of community service.  Mr. H. also enrolled himself voluntarily into a drug treatment plan.  No conviction is on Mr. H.’s record.

DRAG RACING REDUCED to SPEEDING TICKET – State v. Mr. I. (DMC No. 7554) (Prescott Justice Court 2007-090599J): Mr. I. was travelling to Prescott with his wife in a car, and his brother was travelling with his own wife in another vehicle ahead of him.  Mr. I. sped up and rolled down his window in order to pull up alongside his brother to ask directions.  An officer saw this maneuver, and construed this to be “drag racing”, and charged both brothers.  We were able to show the Yavapai County prosecutor that this was not racing, and that the witnesses would all state that it was merely to ask for directions.  They reduced the charge to simple speeding ticket with a small fine.  Mr. I. was left with no criminal record.

ORDER of PROTECTION QUASHED at HEARING – State v. Ms. R. (DMC No. 7830) (Moon Valley Justice Court CC2008-029585): Ms. R. and her daughter had been having troubles from some time. Ms. R. moved from Chicago to Phoenix in order to live with her daughter. After numerous arguments, Ms. R.’s daughter claimed that items had been broken in the house and she had filed for an Order of Protection and had her mother removed from the house. We were able to show that these allegations were manufactured, and the Order of Protection was quashed. Ms. R. was allowed to move back into her house.

CONVICTION SET ASIDE | EXTREME DUI – State v. Mr. T. (DMC No. 10138) (San Tan Justice Court 0720-TR9909391): Mr. T. was a homeless man who found $3, 300 on the Light Rail in Tempe, Arizona. This money was located in a backpack, and nobody had seen him find the backpack. Instead of keeping the money, he turned it into the authorities where it was returned to a young college student. This story made national news and was featured in People Magazine, and Mr. T. was touted as “Hero Among Us”. When we found out about his story, we heard he was riding the Light Rail because his license was suspended from prior DUI’s, and this was preventing him from getting work. We helped secure the expungement of all his convictions, and we helped him reinstate his driver’s license. He is now employed and lives in his own apartment. All work performed on Mr. T.’s behalf was done free of charge by DM Cantor.

DISMISSED | POSSESSION of BURGLARY TOOLS/THEFT and FICTITIOUS PLATE – State v. Mr. K. (DMC No. 7870) (Maricopa/Stanfield Justice Court TR07-369): Mr. K. had been diagnosed with Asperger’s, and had become obsessed with concept of being a cat burglar. He was pulled over for having a fictitious license plate, and burglary tools and guns were found in his vehicle. When he relayed to the officer his fascination with the theory of being a cat burglar, he was charged with having a fictitious plate, a stolen gun and possession of burglary tools. We were able to present medical evidence to the County Attorney regarding Mr. K.’s mental impairment, plus they were not complying with the proper Discovery requirements, and they dismissed all charges against Mr. K.

DISORDERLY CONDUCT with a WEAPON (gun) DISMISSED – State v. Mr. W. (DMC No. 7363) (Maricopa/Stanfield Justice Court CR2007-190): Mr. W. was bi-polar and having a manic episode when police were called to the Table Top RV Park. He was in an argument with his partner, when his partner saw Mr. W. going to get his 9mm weapon. His partner attacked Mr. W., and they fought over a 9mm hand gun and an AK 47. Various doors inside of the RV were damaged. We were able to show the Prosecutor that Mr. W. never actually handled a weapon nor threatened anyone. In addition, the alleged victim was no longer being cooperative. All charges were dismissed against Mr. W.

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