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February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 6328)

AGGRAVATED ASSAULT (broken arm/ surgery) DISMISSED – State v. Mr. M. (DMC No. 6328) (Maricopa County Superior Court CR2006-00677): Mr. M. was a security guard at Club Palazzo and when he was informed that there was a man that was intoxicated on the dance floor causing problems. He and other bouncers escorted the alleged victim outside of the bar. The alleged victim then fell down, and broke his arm. He had stated that it was a “large white bouncer” who had thrown him to the ground, however, Mr. M. was large and Hispanic. We also had Mr. M. take, and pass a polygraph test. All evidence was presented to the Prosecution, and they agreed to dismiss all charges. Mr. M. was originally facing prison time, and now he has no convictions on his record.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No. 5082)

DISMISSED | AGGRAVATED ASSAULT DANGEROUS (with a gun)– State v. Mr. H. (DMC No. 5082) (Maricopa County Superior Court CR2004-127583): Mr. H. had called a tow truck because his car had broken down. The tow truck driver arrived, and Mr. H. told him he did not need his services anymore because his friend was coming. The tow truck driver told him he would still have to pay a service fee and Mr. H. said “no”. The tow truck driver then went back to his truck and retrieved a large Mag-lite flashlight and wheeled it like a Billy club. Mr. H. then pulled his gun and told the man to stand back. The police were called and the tow truck driver neglected to mention anything about requesting a service fee charge. Even though Mr. H. was arrested and charged with Aggravated Assault, Dangerous (with a gun) which exposed him to 5 to 15 years in prison, we were able to show the Prosecutor that his was a case of self-defense, and all charges were dismissed.

February 19, 2014
Posted on Author By dmcantor Categories 1500 Expungement Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 10724)

DISMISSED/MOTION GRANTED | AGGRAVATED ASSAULT on a POLICE OFFICER DISMISSED/MOTION to CLEAR ARREST RECORD GRANTED – State v. Mr. D. (DMC No. 10724) (Maricopa County Superior Court CR2012-109505): Officer’s responded to a call of a possible drunk driver, when they saw Mr. B. pull off to the side of the road. He was extremely unbalanced, and was falling to the ground. They attempted to keep him from his car as he kept trying to walk back. They placed him under arrest, and he struggled with the officer’s. Fire personal were called, and he was taken to the hospital, where it was revealed he had a 52 blood sugar level (i.e. very low). This was due to his diabetes. The police still arrested and charged Mr. D. with assaulting a police officer. We presented all medical records, and we were able to get the charges dismissed. In addition, we petitioned to have the arrest cleared from his record. We were successful.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 10323)

DISMISSED | AGGRAVATED ASSAULT (broken hand/surgery) – State v. Mr. B. (DMC No. 10323) (Maricopa County Superior Court CR2011-154342): Mr. B.’s girlfriend had depression issues and had also engaged in self mutilation. She was being professionally treated when she had an incident in which she carved the word “fat” into her thigh with a pair of scissors. One night, she began drinking and was going to leave, and Mr. B. stopped her by taking her car keys in a struggle. The next day, she went to the doctor and was told her hand was broken. She ultimately had surgery to set the bones for proper healing. After Mr. B. was arrested and charged, we became involved and had him take, and pass a polygraph test. In addition, we presented the Prosecutor mental health records of the alleged victim. All charges were dismissed, and Mr. B. has no criminal record.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S. (DMC No. 5192)

REDUCED | 3 COUNTS of SEXUAL CONDUCT with a MINOR REDUCED to ATTEMPT with PROBATION and CREDIT for TIME ALREADY SERVED in JAIL – State v. Mr. S. (DMC No. 5192) (Maricopa County Superior Court CR2003-039798): Mr. S. was 19 years old and was on the internet to meet girls.  The alleged victim claimed she was 17, when in reality she was 13.  He met up with her at his apartment and had sexual conduct with her on three separate occasions.  Due to the alleged victim’s age, it was irrelevant that she represented herself to be 17 for purposes of the charge.  However, we used her misrepresentation for mitigation.  We became involved in the case after Mr. S. had already spent approximately a year in custody.  We were able to resolve the charge to an “attempt” with probation and credit for time already served.  Mr. S. was originally looking at a minimum of 39 years in prison (day for day) with the maximum of 81 years. He was released at sentencing.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S. (DMC No. 6362)

REDUCED | 3 COUNTS of SEX CONDUCT with a MINOR (dangerous crimes against children) REDUCED to ATTEMPT with 5 YEARS in PRISON – State v. Mr. S. (DMC No. 6362) (Maricopa County Superior Court CR2006-030204): Mr. S. was a 20 year old male who lived in his own apartment.  He had befriended a 13 year old girl, who had run away from home.  She ended up staying at his apartment for the previous 2 days before, police were called.  When they interviewed her, she admitted to having three sex acts with Mr. S. in the prior 3 weeks.  He was ultimately interviewed and confessed.  He was facing a minimum of 39 years in prison, with a maximum of 81 years.  We were able to present mitigation and have the State reduce the offer to an “attempt” with probation and 5 years in prison (with credit for the 7 months he had spent in jail during the pendency of the case).

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 6217)

REDUCED | 2 COUNTS of FELONY PUBLIC SEXUAL INDECENCY to a MINOR REDUCED to a ATTEMPTED CLASS 6 OPEN/MISDEMEANOR with PROBATION and 60 DAYS in JAIL – State v. Mr. G. (DMC No. 6217) (Maricopa County Superior Court CR2005-034831): Mr. G. was accused of being at a factory outlet mall when he allegedly exposed and touched himself in front of 2 minor children and their mother.  He was subsequently arrested, and admitted that he had touched himself through the outside layer of his clothes.  He eventually went into counseling and voluntarily underwent a surgical procedure for castration, in order to curb his inappropriate sexual desires.  Due to the lengths that Mr. G., was going through, to address his issues, the State offered a probation deal.  Although Mr. G. had 2 prior misdemeanor convictions for similar offenses, the Judge chose not to give him the maximum 1 year in jail (under the plea) but instead he was sentenced to only 60 day with probation and counseling.

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 600 Drug Crimes Victories, 86D Acquisition of a Narcotic Drug Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. G (DMC No. 4986)

DISMISSED | ATTEMPTED ACQUISITION of NARCOTIC DRUGS – State v. Ms. G. (DMC No. 4986) (Maricopa County Superior Court CR2004-023041): Ms. G. was a Medical Assistant who was accused of calling various pharmacies using Doctors’ names and DEA numbers in order to secure prescriptions.  She was identified in a photo lineup and charged with “attempted acquisition of narcotic drugs”.  When police went to question her, she invoked her right to remain silent.  We were able to negotiate a dismissal from the prosecution in exchange for a “diversion” agreement which involved classes.  No conviction is on Ms. G.’s record.

 

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 600 Drug Crimes Victories, 86B Cultivation of Marijuana Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 9914)

DISMISSED | CULTIVATION of MARIJUANA (14 plants) DISMISSED – State v. Mr. R. (DMC No. 9914) (Maricopa County Superior Court CR2009-006670): Mr. R. had gotten into a fight with a friend of his when the friend’s mother called the police.  When police arrived, she told them that she had gone the shed at the house the day prior and seen 14 marijuana plants.  She took pictures of the plants and provided them to police, stating the Mr. R. was the responsible party.  Police interview multiple people (some of whom made admissions), and they tried to interview Mr. R.  Mr. R. invoked his right to remain silent and then contacted our firm.  The State filed charges almost 2 years later, and the case proceeded through the system.  Prior to trial, we convinced the prosecution that they would not be able to meet their burden of proof, as there was no evidence that Mr. R. was actually involved.  The State moved to dismiss all charges.  There is no conviction on Mr. R.’s record.

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 5040)

REDUCED | SALE of NARCOTIC DRUGS (271 grams of cocaine) REDUCED to PROBATION with 6 MONTHS in JAIL – State v. Mr. C. (DMC No. 5040) (Maricopa County Superior Court CR2004-018521): Detectives had been debriefed by a confidential informant who told them that Mr. C. had been selling cocaine and marijuana.  Detectives then set up a buy with Mr. C., in which he was to bring half of the cocaine to a particular location.  When he arrived, he was arrested and 271 grams of cocaine was found in his possession.  He was charged with a class 2 sale of dangerous drugs above the threshold (which exposed him to 3 to 12.5 years in prison).  We were able to show that he was not the “kingpin”, and that others were more culpable than him.  We were able to secure a deal which had the possibility of probation with 6 months in jail, up to 12.5 years in prison.  The State requested 5 years in prison, and we convinced the Judge to sentence Mr. C. to 6 months in jail, with work furlough so he could be released during the day to go to work and support his family.

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