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January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 9515)

REDUCED | 5 COUNTS of SEXUAL CONDUCT with a MINOR (DCAC) 3 COUNTS of CHILD MOLESTATION REDUCED to ATTEMPT with PROBATION and 1 YEAR in JAIL – State v. Mr. C. (DMC No. 9515) (Maricopa County Superior Court CR2009-140682): Mr. C. was 19 years old when he began having a sexual relationship with a 12 year old younger sister of a girl he used to date. He was addicted to marijuana and had various traumatic personal issues in his past. After a 12 year old confided to a therapist that she was in a sexual relationship, the Police were notified. Although the parents of the 12 year old wanted Mr. C. to received the presumptive term for a single count of Sex Conduct with a Minor as a Dangerous Crimes Against Children (DCAC) under ARS 13-1405, which would require 20 years of prison time. We were able to secure a plea to a “no agreements” “Attempt”, in which he could potentially be sentenced to prison for over 15 years, or receive Probation with 1 year in jail on the low end. Ultimately, at sentencing we convinced the judge to give Mr. C. the lowest amount of available under the plea which was Probation with 1 year in jail. He was also able to apply for Work Furlough, which could allow him to be released during the day to go to work. He finished his jail time shortly after his 21st birthday, and has not had any contact or problems with the law since.

January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 9519)

REDUCED | 7 COUNTS of SEXUAL MISCONDUCT with a MINOR and 1 COUNT of FURNISHING HARMFUL or OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. T. (DMC No. 9519) (Maricopa County Superior Court CR2009-174270): Mr. T. was a 34 year old male who began a sexual relationship with his 17 year old cousin. While they were in a hotel parking lot, police made contact with him and began questioning him as to why he was in the area. They ultimately discovered that the two of them had engaged in sexual conduct inside of the motel. They also later discovered through interviews that this had happened on numerous occasions and that pornography had also been shared between the two of them. Mr. T. was ultimately charged with 7 counts of Sexual Conduct with a Minor pursuant to Arizona Revised Statute 13-1405 and 1 count of Furnishing Harmful Obscene Materials to a Minor under Arizona Revised Statute 13-3506. Because of the questionable nature of the stop we were able to convince the prosecutor to extend the plea which included a small amount of Probation and zero days in jail. This was a very advantageous plea given the fact that Mr. T. was 21 years older than his cousin.

January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 8034

REDUCED | ATTEMPTED CHILD MOLESTATION and SEX ABUSE (DCAC) REDUCED to ATTEMPTED CHILD ABUSE Class 6 Open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8034) (Maricopa County Superior Court CR2007-005599): Mr. B. was a 26 year old who was accused of kissing, fondling and attempting to have sex with his future 14 year old step sister. Although the incident had happened 1 year prior, his step sister became upset and reported it to her grandmother after she had gotten into argument with Mr. B. When police questioned him, he admitted to everything. He was then charged with Attempted Molestation of a Child per ARS 13-1001 and 13-1401 and Sexual Abuse per ARS 13-1404; both charged as Dangerous Crimes Against Children (DCAC). After we became involved in the case, we had Mr. B. submit to a Psychosexual Risk Evaluation, which showed he was not a threat to society. This evaluation was presented to the prosecutor and we secured an offer of Attempted Child Abuse which was a Class 6 Open/Misdemeanor with Probation and zero days in jail. Mr. B. did not have to register as a Sex Offender, and when he successfully completed probation his case became a Misdemeanor. He now has no felony record. Originally he was facing years in prison if he were to have been convicted.

January 26, 2015
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38D Voyeurism Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A. (DMC No. 8103)

REDUCED | FELONY VOYEURISM REDUCED to ATTEMPT Class 6 Open/Misdemeanor with PROBATION with ZERO DAYS in JAIL – State v. Mr. A. (DMC No. 8103) (Maricopa Superior Court CR2008-101173): Mr. A. was accused of entering a Walgreen’s drugstore female restroom and looking underneath a bathroom stall into another stall which was occupied by a young woman. He was also accused of doing the same thing at a Safeway restaurant woman’s bathroom. He was eventually questioned at his home, and he admitted to both incidents. He was subsequently charged with 2 counts of Felony Voyeurism pursuant to ARS 13-1424A. We were able to have Mr. A. enrolled into therapy. Because of this, we were able to secure an offer to Attempt which was subsequently reduced to a Misdemeanor upon completion of Probation. He also did not have to serve any time in jail.

January 26, 2015
Posted on Author By dmcantor Categories 22 Child Molestation/Sexual Conduct With Minor Dismissals, 30 Indecent Exposure Dismissals, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 9750)

DISMISSED | CHILD MOLESTATION (DCAC), SEX ABUSE (DCAC) and FELONY INDECENT EXPOSURE – State v. Mr. C. (DMC No. 9750) (Maricopa County Superior Court CR2010-006442): Mr. C. was a 61 year old man who lived across the street from a family who had a 6 year old daughter. He would often babysit the 6 year old daughter, who had emotional problems. She would often take off her clothes and dance naked in his living room and he would have to tell her to stop and immediately take her home to her mother. She would also walk into his bathroom when he would be urinating and try and look at his exposed penis. The girl’s father (who did not live with her or the mother) heard accusations from his daughter that she had been touched by Mr. C. He immediately contacted the Goodyear Police Department and an investigation was conducted on Mr. C.

We became involved and allowed him to be polygraph and voice stress analyzed by the Goodyear Police Department. Although his results were “truthful” on the tests, they still felt he was not telling the truth. Approximately 3 years later, Mr. C. was indicted and charged (long after he thought this issue was closed). His charges included Child Molestation under ARS 13-1410; Sex Abuse under ARS 13-1404; and Felony Indecent Exposure under ARS 13-1402. During our investigation we exposed many flaws in the Detective’s reports, and some out right falsities attributing statements to Mr. C.’s adult children. We also filed a motion to have the Grand Jury indictment remanded based upon these flaws. Just prior to the date of trial, the Deputy Maricopa County Attorney in charge of the case filed a Motion to Dismiss all charges. Originally, Mr. C. would have spent the rest of his life in prison if he were convicted of these charges.

August 25, 2014
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 86D Acquisition of a Narcotic Drug Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Z (DMC No. 11158)

REDUCED | 11 COUNTS of ACQUISITION of a NARCOTIC DRUG/FACILITATION of ACQUISITION of NARCOTIC DRUG REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. Z. (DMC No. 11158) (Maricopa County Superior Court CR2012-124987): Mr. Z. was accused of taking a prescription pad that belonged to his wife (a Doctor), and using it to write prescriptions to himself for the drug known as “Norco”.  We were able to show that Mr. Z. had become addicted to this drug, and had subsequently enrolled in a treatment program and was no longer using this substance.  Along with a Mitigation Expert, we convinced the Prosecutor to offer a mere Facilitation charge, which included probation and no jail time.  Mr. Z. was originally facing multiple years in prison.

August 25, 2014
Posted on Author By dmcantor Categories 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H. (DMC No. 8827)

NOT CHARGED | ANIMAL CRUELTY NOT CHARGED – State v. Mr. H. (DMC No. 8827) (Maricopa Police Department DR 09-02546): Mr. H. lived with his girlfriend in a house when she was deployed to Iraq.  He had several cats that were indoor/outdoor cats that would come and go through the window while he was living there.  For approximately 3 weeks before he moved out of the home, he had not seen the cats.  He would go back periodically to the vacant home to see if the cats had come to eat cat food and drink water, which was left by the kitchen counter.   He eventually stopped returning to the house.  Roughly 1 month later, as the mortgage company entered the house to do an inspection and put a new lock box on the door prior to foreclosure, the cats were found dead inside of the house.  The Maricopa Police Department attempted to accuse Mr. H. of Animal Cruelty and Neglect, and we were able to convince the Pinal County Attorney’s Office to not file charges.

August 25, 2014
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38B Sexual Abuse Victories, 500 Assault / Violent Crime Victories, 69 Robbery Dismissals, 69-70A Robbery Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. L (DMC No. 8845)

DISMISSED | 2 COUNTS of SEX ABUSE/ATTEMPTED ROBBERY – State v. Ms. L. (DMC No. 8845) (Maricopa County Superior Court CR2007-180326, CR2008-104879): Mr. L. was suffering from undiagnosed mental issues when he walked behind the counter of a store inside of the Phoenician Resort as an employee was counting money.  He grabbed $250 and attempted to leave.  In a second case, he walked into the leasing office of the apartment where he resided, and reached out and touched a Leasing Agent’s breast two separate times.  He was ultimately arrested and charged with 2 counts of Sex Abuse and 1 count of Attempted Robbery.  After sitting in custody for 5 months with his previous attorney, we were hired by his father.  Within 90 days we were able to have a psychological evaluation conducted on Mr. L., and we held a Hearing pursuant to “Rule 11”.  The judge agreed with us that Mr. L. was not competent to stand trial, and all charges were dismissed and he was released from custody.

 

August 22, 2014
Posted on Author By dmcantor Categories 24 Child Pornography Dismissals, 24-25A Child Pornography Victories, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 8906)

DISMISSED | 10 COUNTS of SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY DISMISSED– State v. Mr. C. (DMC No. 8906) (Maricopa County Superior Court CR2007-006836): Mr. C. was a 67 year old grandfather who was home when the police raided his house.  They claimed that they had obtained information that Child Pornography was downloaded to a computer within the house.  Mr. C. invoked his right to remain silent, and his wife and grandkids (who lived with him) were interviewed.  Mr. C.’s wife stated that Mr. C. was suffering forms of dementia and that he “did not listen to her”, and she believed he downloaded the images.  He was ultimately charged with 10 counts of Sexual Exploitation of a Minor (Child Pornography) which carried a minimum sentence of 100 years of “day for day” prison time.  Due to various flaws in the case, combined with securing Mr. C.’s medical records, we eventually filed for a “Rule 11” Competency Hearing.  Charges were dismissed based upon Mr. C.’s lack of competency. We also secured assurances from the County Attorney’s Office that if Mr. C. was restored to competency, they would not refile charges.

August 22, 2014
Posted on Author By dmcantor Categories 29 Sexual Assault Reduced, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 9995)

REDUCED | 2 COUNTS SEX ASSAULT/KIDNAPPING REDUCED to ATTEMPT with 3.75 YEARS in PRISON – State v. Mr. B. (DMC No. 9995) (Maricopa County Superior Court 2010-139697): Mr. B. was drinking at a party when he went into another room with a young lady.  There was a second young lady who was passed out on the bed next to them.  He was accused of digitally penetrating the first girl with his finger, before she left the room.  It was then alleged that he went over and had sex with the other girl who was unconscious on the bed.  Because he was accused of not originally letting the first girl leave immediately, he was also charged with Kidnapping along with Sex Assault regarding both women.  He was originally facing 20 to 48 years in prison (day for day), and we were able to present mitigation regarding Mr. B.’s addiction to alcohol.  We eventually secured a sentence to 3.75 years “soft” in prison, in which Mr. B. was released after 2 years and 11 months.

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