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Category Archives: Maricopa County Superior Court Victories

Not Guilty | (DMC No. 3602) (Maricopa County Superior Court No. CR2002-097294): Mr. M had a history of psychological problems and post traumatic stress disorder. He had previously been convicted of aggravated burglary; aggravated assault with a weapon; and aggravated assault on a police officer in three different jurisdictions. He had spent over 4 years in jail prior to being charged in Arizona. In Arizona, he was undergoing a psychotic episode and had drunk 14 wine coolers. He had gotten into an argument with his girlfriend and caused damage in a motel before moving on to a local convenient store. He then assaulted several patrons at the convenient store when the police arrived. It took three officers to arrest him and haul him with restraints. They claimed he was kicking, biting and spitting at them. He subsequently was charged with felony aggravated assault on a police officer, misdemeanor criminal damage and misdemeanor disorderly conduct. After a 3 day trial, the jury hung on the felony charge, and it was subsequently dismissed. As to the two misdemeanor charges, Mr. M. received minor jail time only. He was originally facing a possible 10 years in prison before we represented him.

REDUCED | 3rd Offense Felony Aggravated DUI, State v. Mr. F. (DMC No. 7196) (Maricopa County Superior Court No. CR 2006-174415): Mr. F. had 2 prior felony DUI’s in which he had gone to prison. He had now had a 3rd felony DUI and was facing 6 to 15 years in prison (with 10 years being the presumptive sentence). Initially, Mr. F. was utilizing a Public Defender and had been given a so called “final offer” of 4.5 years in prison. We were able to take over the case and file Motions regarding No Reasonable Suspicion to Stop and No Probable Cause for Arrest. Ultimately, the prosecutor agreed to withdraw the allegations of the 2 prior felony DUI’s and offered a 1st offense DUI with a mitigated sentence of 1.5 years in prison. Mr. F. ended up actually serving only 12 months in custody.

DISMISSED | FELONY AGGRAVATED DUI & FELONY ENDANGERMENT – (0071622CR): Mr. P. was cited for an alleged Felony Aggravated DUI and Felony Endangerment after a car accident. We were able to show that the accident was not caused by Mr. P., nor he was impaired while driving. In addition, we were able to show that he possessed a valid license at the time he was driving, therefore, there was no basis for the Felony DUI. All charges were dismissed.

DISMISSED | FELONY AGGRAVATED DUI & FELONY ENDANGERMENT (Maricopa County Superior Court, CR02-00323FE): Mr. R. was stopped for an alleged Felony Endangerment and Felony DUI, due to the fact that his license was suspended at the time of driving. Although the State had filed an allegation of Dangerousness, thereby making the penalty 1.5 years in prison for the Felony Endangerment charge, we were able to get all charges dismissed.

DISMISSED | FELONY AGGRAVATED DUI (Maricopa County Superior Court No. CR2003-033448): Mr. Z. had 2 prior DUI’s. He had not had a DUI in over a year when Chandler Police Department showed up and arrested him for a warrant for an alleged aggravated DUI. We were able to show through a double jeopardy motion that once he had plead to his second DUI, jeopardy attached and he could not now be charged with a felony. Subsequently we had the prosecutor file a Motion to Dismiss all charges.

AGGRAVATED DUI (methamphetamine) – class 4 FELONY REDUCED to Misdemeanor DUI with 1 DAY in JAIL – State v. Mr. A. (DMC No. 5793) (Maricopa County Superior Court CR2005-031868): Mr. A. was observed travelling 75 to 80 mph on State Route 87, when he weaved 3 times over the line during a 2 mile stretch. He subsequently was pulled over and found to have a suspended license. In addition, he was accused of smoking methamphetamine (due to a glass pipe being found in his possession). Due to the questionable nature of the stop, we were able to have the case reduced from a class 4 felony, which included a minimum of 4 months in prison, down to a mere 1st offense regular DUI with only 1 day in jail.

CONVICTION REVERSED | AGGRAVATED DUI – State v. Mr. H. (DMC No. 5786) (Maricopa County Superior Court CR2002-009835): Mr. H. had been pulled over for an alleged DUI, with a suspended license. This was a potential “Aggravated DUI” which would expose Mr. H. to a minimum of 4 months in prison. Mr. H. immediately invoked his right to call our office and he was arrested and taken to the station. When we called him back, we requested a private phone call, and the officer would not leave the room. A Motion to Suppress was subsequently filed for Denial of Right to Counsel, and Interference with Right to gather Exculpatory Evidence. The Trial Court Judge denied these Motions, and we then appealed to the Court of Appeals. The Court of Appeals agreed with us, and reversed Mr. H.’s conviction and suppressed all evidence regarding blood or statements. His case was ultimately dismissed in full.

FELONY AGGRAVATED DUI DISMISSED – State v. Ms. H. (DMC No. 4867) (Maricopa County Superior Court CR2002-010039): Ms. H. was involved in a hit and run accident, and upon contact by police she was observed to behaving in a bizarre fashion. Fire Department was called to treat her, and then she was asked to provide a blood and a breath sample. She resisted with Officers, and was ultimately placed under arrest. Due to prior DUI and suspended license, she was charged with felony aggravated DUI. We were able to secure Doctors records and a physiological exam to show that she was incompetent to stand trial pursuant to Rule 11. Subsequently, all charges against Ms. H. were dropped.

DISMISSED | DUI (Maricopa County Justice Court No. 02-07817CR): Mr. N. was stopped by Sheriff’s Deputies and investigated for DUI. After being arrested, he was taken to the station and provided a blood sample. Afterwards, he asked to be released to get an independent blood sample from a hospital. The officer violated Mr. N.’s rights by not releasing him to obtain an independent test. We subsequently filed a Motion to Dismiss and after a hearing on the Motion, the Judge dismissed Mr. N.’s charges.

(Maricopa County Superior Court No. 533668CR): Mr. G. was a minor charged with DWI and Possession of Drug Paraphernalia. Due to the fact that the arresting officer had been called out for military duty, we were able to enforce Mr. G.’s speedy trial rights prior to his 18th birthday. The State subsequently moved to dismiss all charges.

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