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November 17, 2011
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. D (DMC No. 2535)

REDUCED | CHILD MOLESTATION – (DMC No. 2535) (Maricopa County Superior Court No.: 2001-008411 CR): Mr. D. was accused of molesting his girlfriend’s ten (10) year old daughter. This accusation came from the girl’s biological father, and the mother had previously had all four (4) of her children taken away from her for neglect. Examinations were inconclusive. Although there were four (4) separate counts of Child Molestation, which placed Mr. D at potentially spending between 40 and 96 years in prison, we were able to plead to one count of attempt with probation and one (1) year of jail time with work release.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. L (DMC No. 3901)

REDUCED | POSSESSION AND DISTRIBUTION OF CHILD PORNOGRAPHY State v. Mr. L. (DMC No. 3901) (Maricopa County Superior Court No.: 2003-005553CR): Mr. L. was a student at ASU who lived in a dormitory. He discovered a website which rewarded people listening to music by giving them points which could be redeemed for prizes. Mr. L constructed a computer program which allowed numerous people to listen to music while he would personally accumulate the point. During the course of this site, child pornography was received on this website and distributed. He was subsequently arrested and charged with ten (10) counts of possession of child pornography. The mandatory minimum he was facing was 100 years in prison. We were able to show the prosecutor the innocent intent of this website, combined with Mr. L’s youth, in order to obtain a plea to attempt (the lowest level felony). Although Mr. L had typed in certain requests which could be construed as a solicitation for child pornography, he did receive probation with one (1) years of jail time with work release. The norm on these cases is ten (10) years in prison.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 4219)

REDUCED | SEXUAL ASSAULT (DMC No. 4219) (Maricopa County Superior Court No.: 2003-019710CR): Mr. S. was a massage therapist at a local resort. The allegedly victim had three (3) beers prior to having her massage (in which she requested a male masseuse). The alleged victim claimed that Mr. S had brushed her vagina one time, and then put his thumb in her vagina one time. The alleged victim then paid for the massage and left a tip for Mr. S, prior to reporting the incident. She then reported the incident and Mr. S was interviewed by police. He stated that the alleged victim was asleep, when she moved all of a sudden and he accidentally brushed her vagina one time. We were able to discover that the alleged victim had made a prior sexual assault claims in the past, and had looked to file a civil suit for money. We were ultimately able to convince the State to dismiss all charges. This occurred after Mr. S had already spent several months in jail, and was facing years in prison.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 260)

REDUCED | SEXUAL ASSAULT – (DMC No. 260) (Maricopa County Superior Court No.: 97-92798CR): Mr. W. worked at a local fast food restaurant as a 21 year old manager. He engaged in sexual conduct with a seventeen (17) year old worker, who then claimed that she was coerced into sex by her boss. Her parents had hired an attorney and filed a law suit seeking millions of dollars in compensation. Mr. W was charged with Sexual Assault. We were able to explain to the prosecutor that this was actually consensual sex with a minor over the age of fifteen (15) and should be a Class 6 Undesignated Felony. Mr. W was sentenced to probation, and at the completion of probation his charge was designated a misdemeanor. He received no days in jail, even though he was initially facing years in prison.

September 22, 2011
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 73 Resisting Arrest Dismissals, 73-74A Resisting Arrest Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. M. (DMC No. 10164)

Mr. M was involved in a traffic accident on the State Route 51 near Cactus Road. Officers were called out and Mr. M was arrested for DUI and he provided a blood test of a .303 BAC. While in the back of the Patrol car, he became belligerent and used profanities. The Officers’ claimed that he tried to grab a taser and Mr. M. was then charged with Felony Aggravated Assault on a Police Officer under Arizona Revised Statute ARS 13-1204(A)(8)(A). Because Mr. M had 2 prior felony convictions, he was facing potential of 5 years+ in Prison.

At Jury Trial, we were able to show that Mr. M was extremely intoxicated by alcohol. This proved that he did not have the requisite “intent” necessary to grab a taser, turn it on and fire it at the Officer. He was simply pulling away while Officers were attempting to restrain him. The Jury agreed and found Mr. M Not Guilty of all charges.

September 6, 2011
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 vs. Mr. S (DMC No. 9611)

REDUCED | Possession of Dangerous Drugs for Sale / Possession of Dangerous DrugsState vs. Mr. S. (DMC No. 9611) (Maricopa County Superior Court No. CR2010-127523): Mr. S. was attending ASU and living in the Vista Apartments which is an apartment complex managed by the University.  Anonymous calls were made by a gentleman angry at Mr. S. claiming that he was selling drugs out of his apartment unit.  Police intercepted Mr. S. as he was pulling out of a parking garage and physically restrained him and searched his car and apartment.  Originally detectives routed the case to the County Attorney’s office for charging on possession of dangerous drugs for sale.  We were able to convince the prosecutor to simply charge it as a possession of narcotics drugs (2 counts) and then we were later able to convince them to plea the entire thing to the lowest level felony of possession of drug paraphernalia with probation and no jail.  Originally Mr. S. was potentially facing years in prison, but he ended up doing no days in jail.

July 16, 2011
Posted on Author By dmcantor Categories 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 10833)

GRANTED | MOTION TO TERMINATE PROBATION GRANTED/ATTEMPTED CHILD ABUSE – State v. Mr. M. (DMC No. 10833) (Maricopa County Superior Court CR2001-090821): Mr. M. was originally charged with 2 counts of child abuse, Dangerous Crimes Against Children (DCAC). He later plead to 1 count of attempted child abuse. He was placed on lifetime probation, and after he completed almost 9 years of that probation he attempted to have it terminated. He used previous lawyers and was denied. Upon getting us involved, we filed an extensive Motion to Terminate Probation on his behalf with numerous exhibits. After a Hearing in front of the Judge, his probation was terminated.

June 1, 2011
Posted on Author By dmcantor Categories 12 Hit and Run Reduced, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State vs. Ms. N (DMC No. 9477)

State vs. Ms. N. (DMC No. 9477) (Maricopa County Superior Court No. CR2009-175984): Ms. M. was driving along the freeway when she had passed another vehicle in the HOV lane.  This vehicle was tailgating her and she tapped her brakes in order for him to slow down.  As she was changing lanes to exit the freeway, she heard a noise behind her but did not know what it was.  Police then left a message that they were trying to contact her regarding a hit and run accident with numerous injuries.  We were eventually able to convince the prosecutor’s office to charge only an endangerment instead of the more serious of felony hit and run.  Although endangerment was still a felony, we were able to work up the case and conduct a photo lineup with the alleged victim.   He was not able to identify Ms. M., and the state agreed to reduce charges to a misdemeanor hit and run charge that involved probation and no jail time.  Originally Ms. M. was facing a potential of 5-15 years in prison for an aggravated assault.

May 27, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 700 Property Crime Victories, 95 Trespass Victories, Case Victories, Maricopa County Superior Court Victories

State vs. Mr. S (DMC No. 9990)

REDUCED TO MISDEMEANOR | FELONY TRESPASSING – State vs. Mr. S. (DMC No. 9990) (Maricopa County Superior Court No. CR2011-108115): Mr. S. was suffering from a psychotic episode while attending ASU.  A fire drill occurred at his apartment complex, when he entered another person’s room and began taking a shower without their permission.  When police arrived, he was taken into custody and taken to the Tempe City jail.  He began acting in a very erotic matter and eventually taken to a mental health facility where he spent 5 days.  Due to his mental health state, we were able to convince the prosecutor to reduce the felony down to an outright Misdemeanor with Probation and no jail.  In addition, they would not charge him with any crimes related him stripping naked in front of the apartment resident prior to getting into the shower.

May 27, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 700 Property Crime Victories, 91 Criminal Damage Reduced, 94 Burglary Victories, Case Victories, Maricopa County Superior Court Victories

State vs. Mr. S (DMC No. 9983)

REDUCED | BURGLARY AND AGGRAVATED CRIMINAL DAMAGE – State vs. Mr. S. (DMC No. 9983) (Maricopa County Superior Court No. 2007-133818-002): Mr. S. was an 18 year old high school student who went with several of his friends to a local junior high.  They took several golf carts and drove them around the school and crashed them into walls.  They also utilized fire extinguishers to engage in other acts of Criminal Damage.  Although Mr. S. was originally charged with class 4 Burglary and class 5 Aggravated Criminal Damage, we were able to convince the prosecutor to mitigate the punishment down to a class 6 undesignated felony for Possession of Burglary Tools.  He was given 12 months probation, and after he paid restitution and completed probation, his charge became a misdemeanor.  He has no felony record and did not spend any time in jail.

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