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Category Archives: Maricopa County Superior Court Victories

Felony Child Prostitution Reduced to Class 6 Open/Misdemeanor Attempted Child Abuse with Probation and 15 Days in Jail with Work Furlough/Release – State v. Mr. W (DMC No. 12253) (Maricopa County Superior Court CR2013-458386): Mr. W responded to an ad on Backpage.com for an escort.  Sometime during the conversation, an undercover Detective posing as an escort stated she was 16 years old.  Mr. W asked for a picture of her ID to show she was actually 18.  That was never sent to him. However, he was sent pictures by the undercover Officer of females in lingerie with their heads cropped out of the photo.  He arranged for a meeting with the escort, but he never showed up.  He then had six other text messages the next day, and then eventually agreed to meet for a “quickie” for $60 at a motel.  When he arrived at the motel, he could clearly see that the undercover Officer was closer to 30 years old.  He said he was not going to talk about sex acts and only wanted to lay down and cuddle.  When the escort refused, he got up and was immediately tackled by Officers who came in from the outside.

We showed the Prosecutor that they would have a very difficult time proving that he actually had the intent to sleep with an underage prostitute.  They realized that they could easily lose at trial.  However, if they did secure conviction, Mr. W would be facing 7 to 21 years in prison per Arizona Revised Statute 3212.  Ultimately, they agreed to offer a Class 6 Open/Misdemeanor Attempt charge with Probation and 15 days jail with work furlough/release.  At the conclusion of the Probation, Mr. W’s charge was converted to a Misdemeanor.  He has no felony conviction on his record.

(2 Counts) Felony Child Prostitution Reduced to Pandering with Probation and 15 Days in Jail with Work Furlough/Release – State v. Mr. C (DMC No. 13345) (Maricopa County Superior Court CR2015-135680):  Mr. C responded to an ad on Backpage.com.  He thought he was speaking with two girls who stated they were 16 years old and agreed to have sex for $120 and a pack of cigarettes.  He was actually speaking with an undercover Detective at the time.  When he arrived at the Hotel Suites, he had money and cigarettes with him.  He then was immediately arrested.

He admitted to Officers that he was there to meet with two 16 year olds, that he knew it was wrong.  We got involved in the case because these 2 charges each carried a range of 7 to 21 years in prison per Arizona Revised Statute ARS 13-3212. Because they were 2 charges, the sentences had to be run consecutively to each other.  This means that his minimum exposure was 14 years in prison.  Because of Mr. C’s acceptance of responsibility, combined with the fact that the photos used in the ad were girls who appeared to be over 18, we were able to secure an offer to Pandering with Probation and 15 days in jail with work furlough/release.

Felony Child Prostitution (with Prior Felony Conviction) Reduced to Pandering with Probation and 15 Days in Jail – State v. Mr. K (DMC No. 13115) (Maricopa County Superior Court CR2014-113198):  Mr. K responded to an ad on Backpage.com for an escort.  The police claimed that there was a phone conversation in which he agreed to pay $60 for sex.   However, no phone recordings were ever produced.

The police did have text conversations in which he asked how old the undercover Officer was, and the undercover Officer said “16”. He then asked if she was working for the “cops” and asked for a real picture.  They made arrangements to meet the next day in downtown Phoenix.  During a text conversation the next day, again it was confirmed that $60 would be the price for “regular sex”.  He then met her downtown and was immediately arrested. The original charge had a range of 7 to 21 years in prison if convicted.  Because of Mr. K’s prior conviction, the amount in prison on the minimum end was even higher.  We were able to produce the Psycho-Sexual Risk Evaluation to the Prosecutor showing that Mr. K was not a risk to re- offend.  In addition, because of lost recording of the alleged conversations, the State ran the risk of having a Willetts instruction presented at trial which could potentially cost them the case. Because of all of this, they agreed to extend an offer of simple Pandering with Probation and zero days in jail. Also, Mr. K was not required to register as a sex offender.

Felony Child Prostitution Reduced to Pandering with Probation & Zero Days in Jail – State v. Mr. W (DMC No. 12864) (Maricopa County Superior Court CR2014-005348):  Mr. W responded to an escort ad on Backpage.com.  The ad stated that the girl was 22 years old and contained a photograph of a fully developed woman.  When he responded via text, the woman turned out to be an undercover officer posing as a 16 year old girl.  She stated that she wanted Mr.  W to bring her cigarettes, because she had lost her fake ID.  They also discussed various sex acts.

When he arrived at the hotel room, he gave the undercover Officer cigarettes and $100.  He then discussed various sex acts.  The undercover Officer went into the bathroom to “freshen up”, and then other Officers barged into the room and arrested Mr. W.

He was charged with Child Prostitution, which carried a range of 7 to 21 years in prison.  If convicted, he also would have to register as a sex offender.  We were able to show the Prosecutor that Mr. W did not actually believe the undercover Officer was underage, and once he saw her, this was confirmed.  If he would have thought she was underage, he would have immediately turned around, left the cigarettes with the girl and left the room.  The undercover Officer was actually 28 years of age.  Because the Prosecutor risked losing a trial, they agreed to offer a charge of Pandering with 2 years of Probation and zero days in jail.  Also, there was no requirement to register as a sex offender.

Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Dismissed – State v. Ms. G (DMC No. 11932) (Maricopa County Superior Court CR2013-440483): Ms. G was 25 years old with a very low cognitive function.  Her mental level was that of a 7 year old child.  She lived with her sister (her guardian) and her sister’s domestic partner and their children.  There had been previous incidents with the domestic partner’s children in which Ms. G was a victim of sexual conduct.  However, in this particular case, a male child under the age of 15 went into Ms. G’s bedroom and had sex with her.  Because Ms. G stated to the police officers that she knew “sex was wrong” she was immediately arrested and held for 2 weeks without bail.

We became involved in the case and immediately had the judge order a Rule 11 evaluation to determine if she could be “competent” to be prosecuted (see: “what is Rule 11).  She was taken out of custody and evaluated at a facility that determined she was, in fact, “incompetent and non-restorable”.  Other experts agreed, and the Judge Dismissed all charges based upon Incompetency.  If Ms. G had been ruled as “Competent”, she would have faced a minimum of 20 years in prison.

(8 Counts) Felony Identity Theft, (4 Counts) Felony Failure to Register as a Sex Offender, (8 Counts) Felony Forgery & (4 Counts) Felony Presentment of False Instrument for Filing Reduced to Probation and Zero Days in Jail – State v Mr. M (DMC No. 11311) (Maricopa County Superior Court CR2012-006755): In 1972, Mr. M was 17 years old and ran away from home from Florida to California, where he assumed a different name.  He went and got his social security card when he got his first job and always left it under the assumed name.  He was later convicted of multiple misdemeanor sex crimes in the Phoenix City Court, and was required to Register as a Sex Offender per Arizona Revised Statue ARS 13-3821.  He had done so for years under the pseudonym.

In 2011, he changed his name back to his birth name.  This was done with the assistance of an “enumeration expert” with the Sex Offender Registry. She had told him he could change his name as long as he never went back to using his fake name, and she did not inform him that he had to re-register the new name within 72 hours of the change. Later, Mr. M was on unemployment and was collecting benefits under his old name.  He ultimately was arrested and charged with multiple counts of Forgery based on the Sex Offender Registration forms that he originally signed, and based on his employment verifications he signed on jobs he had worked at throughout the years.  He was also charged with Taking the Identity of another, Presentment of False Instruments and Failure to Register as a Sex Offender during the course of various moves during his lifetime.  We were able to show the Prosecutor that throughout the course of Mr. M lifetime he had never committed any other types of sex crimes (over the previous 50 years). In addition, he had always paid taxes and tried to comply with the law.  Although he was facing the rest of his life in prison if he were tried and convicted on all charges, we were able to secure a deal to Probation with zero days in jail.

Felony Failure to Register as a Sex Offender Dismissed – State v. Mr. S (DMC No. 13348) (Maricopa County Superior Court CR2015-143557): Mr. S had been convicted of a misdemeanor sex crime in another state.  He was required to register in that state, and when he moved to Maricopa County, he began registering in Arizona per Arizona Revised Statute ARS 13-3821 (see: “failure to register as a Sex Offender“).  He had conducted his annual registration every year since 2008 to 2015, plus every time he moved.  The last time he moved, he changed the address on his driver’s license and thought that would satisfy the requirements.  The police showed up to his work and found he was not at work, they then went to his house and arrested him.

We did extensive research and were able to determine that the crime he was convicted for in another state would not qualify as a crime in which required registration.  In addition, we were able to get the other state to remove the registration requirement, as they had a registration time limit which had expired.  We then sent all of the proof to the Prosecutor, and he agreed to Dismiss all charges.  Lastly, we followed up the Sex Offender Compliance Office in the State of Arizona, and they corrected the information in their system, thereby showing Mr. S no longer needs to register.  Originally, he was facing mandatory prison time, and instead all charges were Dismissed.

Felony Solicitation of Prostitution Reduced to Pandering with Probation and 15 Days in Jail – State v. Mr. M (DMC No. 11964) (Maricopa County Superior Court CR2013-457971):

Mr. M was on a local website and was engaged in a conversation with an undercover Officer posing as a prostitute.  She informed him that she was “almost 17”, and that her fake ID wouldn’t get her cigarettes.  They negotiated various sex acts and he was to bring the cigarettes to a local motel. Once he got there, he had a conversation with the undercover Agent and put a $100 cash on the night stand and indicated the sex acts that he wanted.  Undercover Officers then entered the room and placed him under arrest.

Due to the fact that the Detective was actually 29 years old, and looked 29 years old when he walked into the hotel room, we were able to show that he did not believe the person was actually 16 years old.  It was his intent to turn around and walk out of the room if the prostitute actually looked under age.  We demonstrated that it is common for prostitutes to understate their age in order to attract younger men.  In addition, the fact that she was posing as a prostitute on the website “backpage.com”, it did not appear that the police had entirely clean hands in the matter.  Ultimately, we secured an offer to Pandering with 15 days in jail.  Originally, Mr. M was facing 7 to 21 years in prison.

(3 Counts) Felony Luring a Minor for Sexual Purposes (Dangerous Crimes Against Children), Felony Tampering with Evidence, Felony Sexual Conduct with a Minor (DCAC) & Felony Furnishing Obscene Material to a Minor Reduced to 3 Counts with 10 Years in Prison – State v Mr. G (DMC No. 12843) (Maricopa County Superior Court CR2014-001975):

Mr. G was a 61 year old teacher at a local elementary school who was accused by another teacher of being “too close” to one of his 14 year old students.  An investigation ensued in which the 14 year old stated that she had sexual intercourse with Mr. G on a couple of occasions.  They had sent sexually explicit photos and text back and forth on her cell phone. Mr. G admittedto everything involved with the cell phones and photos, but he did not agree that he had sex with the victim.  Ultimately a Psycho Sexual Risk Evaluation was conducted and Mitigation materials were put together for the prosecutor.  An offer of 10 to 15 years was received and Mr. G entered into that plea.  At sentencing, the court agreed that he deserved the lowest amount of time under the plea agreement (10 years in prison). He originally was facing the rest of his life in prison.

(2 Counts) Felony Luring a Minor for Sexual Exploitation & (1 Count) Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Reduced to Attempt with 1 Year in Prison – State v. Mr. M (DMC No. 12163) (Maricopa County Superior Court CR2014-000999):

Detectives had received a call from a grandparent stating that Mr. M had been contacting their 13 year old daughter on an internet site. Their conversations had gone on for months and were sexual in nature. They also showed that Mr. M had requested pictures of the 13 years old’s, breast, vagina and anus, and requested a video of her masturbating.  Mr. M was 22 years old and had an IQ of 80.  He was ultimately arrested and admitted to all of the activity.  Although Mr. M was originally facing a minimum of 10 to 24 years in prison on just one of the charges, we were able to demonstrate through Mitigation that due to his low IQ, Probation, or the lowest possible prison time, would be the most appropriate sentence.  We also presented a Psycho Sexual Risk Evaluation (PSRE) which demonstrated he was a low risk to re-offend.   He was ultimately given Probation with 1 year of Prison (in which he ultimately served only 10 months).

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