February 20, 2014

February 20, 2014 By dmcantor 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, Justice Court Victories, McDowell Mountain Justice Court Victories, West Mesa Justice Court Victories

State v. Mr. V. (DMC No. 4932)

DISMISSED TWICE | ASSAULT – State v. Mr. V. (DMC No. 4932) (West Mesa Justice Court CR03-00477MI/McDowell Mountain Justice Court CR05-00036MI): Mr. V. was charged with assault and it was improperly placed in the West Mesa Justice Court. We argued a jurisdictional defect and the case was dismissed. The State waited beyond 1 year and re-filed the charge in the McDowell Mountain Justice Court’s jurisdiction. We argued that the Statute of Limitations (a 1 year time limit) had run, and the case was dismissed in its entirety.

February 19, 2014

February 19, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 4A DUI Drugs Dismissals, Apache Junction Justice Court Victories, Case Victories, Justice Court Victories

State v. Mr. D. (DMC No. 7172)

DISMISSED | DUI – State v. Mr. D. (DMC No. 7172) (Apache Junction Justice Court No. TR06-0019): Mr. D was seen by an officer travelling at a high rate of speed, when he suddenly hit his brakes and did a squealing tire U-Turn. He came to a stop in the middle of the road and the officer contacted him. He later arrested Mr. D for Reckless Driving and DUI Drugs (Suspected Stimulants). During the course of the case, the Pinal County Attorney’s Office violated Mr. D’s Speedy Trial Rights; we filed a Motion to Dismiss due to a Rule 8 Violation. The court granted our motion, and all charges have been dismissed.

February 12, 2014

February 12, 2014 By dmcantor 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47K Issuing Bad Checks Victories, Case Victories, Downtown Justice Court Victories, Justice Court Victories

State v. Mr. Z. (DMC No. 5452)

DISMISSED | BAD CHECKS CHARGE – State v. Mr. Z. (DMC No. 5452) (Downtown Justice Court CR03-00759): Mr. Z. was accused of writing checks which totaled $5,750. After he was arrested and posted bond, he hired us to fight the case. We were able to work with the original the payee and have the entire charge dismissed in full.

February 12, 2014

February 12, 2014 By dmcantor 500 Assault / Violent Crime Victories, 75 Orders of Protection / Injunction Against Harassment Victories, Case Victories, Justice Court Victories, Moon Valley Justice Court Victories

State v. Ms. A. (DMC No. 6771)

INJUNCTION AGAINST HARASSMENT DISMISSED after HEARING – State v. Ms. A. (DMC No. 6771) (Moon Valley Justice Court CC2006-18779000): Ms. A.’s child was being harassed by various children in the neighborhood. He was an 11 year old boy when things became heated, Ms. A. got into an argument with neighbors. An Injunction Against Harassment was filed against her, and at a full blown Evidentiary Hearing, we were able to have that Injunction Against Harassment dismissed.

February 11, 2014

February 11, 2014 By dmcantor 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Downtown Justice Court Victories, Justice Court Victories

State v. Ms. J (DMC No. 722)

AGGRAVATED ASSAULT on a Cop/RESISTING ARREST REDUCED to MISDEMEANOR DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Ms. J. (DMC No. 722) (Downtown Justice Court CR97-05265FE): Ms. J. was at a party and had been drinking while on prescription medication, when she ended up getting into a fight with another girl. She suffered a head injury, and did not recall a lot of what occurred. Police claimed that when they arrived, she assaulted the officers and was resisting arrest. We were able to present medical records that she suffered a concussion in the fight, and the State agreed to reduce charges down to a simple misdemeanor with zero days in jail. She has no felony on her record.

February 7, 2014

February 7, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Justice Court Victories, San Tan Justice Court Victories

State v. Mr. M. (DMC No. 5146)

DISMISSED | EXTREME DUI (.173 BAC) – State v. Mr. M. (DMC No. 5146) (San Tan Justice Court TR04-50807CR): Mr. M. was stopped while travelling on the U.S. 60. The officer claimed that he drifted over the line one time. He was subsequently arrested for DUI and provided a breath test which produced a .173 BAC. At an Evidentiary Hearing regarding “no reasonable suspicion to stop”, the court granted the Motion, and all charges were dismissed.

February 6, 2014

February 6, 2014 By dmcantor 500 Assault / Violent Crime Victories, 76 Misconduct Involving a Weapon Dismissed, 76-78 Misconduct Involving a Weapon Victories, Case Victories, Justice Court Victories, West Mesa Justice Court Victories

State v. Mr. M (DMC No. 5218)

MISCONDUCT with WEAPON DISMISSED – State v. Mr. M. (DMC No. 5218) (West Mesa Justice Court CR05-00349MI): Mr. M. had been drinking with a friend at a bar when he went outside to lie down on bench. He passed out due to his alcohol consumption, and when his friend came over and begin slapping him in the chest, a gun he had in his holster on his hip fell onto the ground. A police officer witnessed this and Mr. M. was arrested and charged with misconduct involving a weapon. We were able to convince the Prosecutor that the gun was visible when he was standing inside the bar, and the fact that it was obscured only when he laid down did not fit the intent of the statute. All charges were dismissed.

February 6, 2014

February 6, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Encanto Justice Court Victories, Justice Court Victories

State v. Mr. B (DMC No. 6502)

EXTREME DUI (.166 BAC) DISMISSED DUE to ACTUAL PHYSICAL CONTROL ISSUE – State v. Mr. B. (DMC No. 6502) (Encanto Justice Court No. TR05-54303CR): Mr. B. was found pulled over at the Gore Point of the west I-10 and 7th Avenue on ramp. The door of his vehicle was open, the engine was off and Mr. B. was sitting in the driver seat. The officer contacted him, and Mr. B. said he was waiting until he was “sober enough to drive”. He was arrested for DUI and cited for Extreme DUI once he produced a .166 breath test at the station. We argued that he was not in “Actual Physical Control”, which is an exception in the law that exists for those who pull over in order to have “safe harbor”. The State agreed, and all charges were dismissed.

February 5, 2014

February 5, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Justice Court Victories, Kyrene Justice Court Victories

State v. Mr. G. (DMC No. 10314)

EXTREME DUI (.155 BAC) DISMISSED – State v. Mr. G. (DMC No. 10314) (Kyrene Justice Court TR2010-163648): Mr. G. was stopped travelling eastbound on I-10 near Elliott Road. The call had come in from another motorist stating that Mr. G. looked impaired. After he was pulled over, he was arrested for DUI and produced a breath test of .155 BAC. We subsequently filed a “Request for Discovery”, and when it became apparently that the State could not comply with all of our needs, they were force to dismiss all charges.

February 5, 2014

February 5, 2014 By dmcantor 200 DUI / Vehicular Crime Victories, 5 Extreme DWI Dismissals, Case Victories, Encanto Justice Court Victories, Justice Court Victories

State v. Mr. Z. (DMC No. 5802)

DISMISSED | EXTREME DUI (.150+ BAC) – State v. Mr. Z. (DMC No. 5802) (Encanto Justice Court TR05-00087CR): Mr. Z. was pulled over for allegedly squealing his tires at 1 in the morning and speeding. The officer pulled him over and Mr. Z. was ultimately arrested for DUI and taken to the station. He provided a .150+ BAC and was charged with extreme DUI. We filed Motions compelling all Discovery, and the State was delayed in producing the “calibration checks” on the blood testing device. We filed a Motion to Dismiss and the State was unable to provide records before the Evidentiary Hearing. They moved to dismiss all charges.

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