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Category Archives: Mesa City Court / Mesa Municipal Court Victories

VIOLATION of ORDER of PROTECTION DISMISSED – State v. Mr. J (DMC No. 11899) (Mesa City Court No. 2013-002170): Mr. J was a professional baseball player who pitched for the Red Sox organization. He had been going through a divorce with his wife and was served an Order of Protection. That Order of Protection included allegations of violence to his wife, children and the family pet.   The order issued by the Judge stated “Defendant shall have no contact with protected persons [wife and children] except through Attorneys, Legal Process, Court Hearings and as follows: Mail/ Writing”.

 

Ten months later, Mr. J showed up at his house with a trailer in order to pick up personal items. Mr. J had just driven in from California (where he was now living). This pick  up  had  previously  been  arranged  through  his  divorce attorney  and  his  wife’s  divorce attorney. In addition, his wife’s divorce attorney approved contact through text messaging in order to facilitate the pickup. When Mr. J arrived, his wife called Police and he was arrested for a Violation of the Order of Protection per Arizona Revised Statute ARS 13-3602.

 

I was contacted by his divorce attorney and by his sports agent. I arrived at the Mesa City Jail in time for the morning docket on the weekend calendar. Mr. J was then released on his Own Recognizance. Subsequently, I received the police report and began to assemble documents in order to have the case dismissed. After meeting with the Prosecutor with all documents, she declined to dismiss charges and the case was set to Trial. At the time of Trial, the State moved to dismiss all charges.

REDUCED | UNLAWFUL IMPRISONMENT, DISORDERLY CONDUCT and ASSUALT REDUCED to a MISDEMEANOR with PROBATION and 5 DAYS in JAIL – State v. Mr. L. (DMC No. 7432) (Mesa City Court 2006-038599): Mr. L. was having a mental breakdown was attempting to kill himself by slashing his wrists.  When his girlfriend intervened, they became engaged in a struggle.  He tried to tie her up with speaker wire, and eventually he let her go.  When police arrived he was unconscious and was taken to the hospital.  He was subsequently charged with Disorderly Conduct, Assault and Unlawful Imprisonment.  Due to the circumstances, and with the submission of mental records, we were able to have the case reduced to a simple misdemeanor with probation and 5 days in jail.

FELONY CRIMINAL DAMAGE DISMISSED- State v. Ms. K (DMC No. 8682) (Maricopa County Superior Court PF2006-173203; Mesa Police Department DR No. 2006-3330478): Ms. K had lived with her boyfriend for approximately 9 years when she began to be suspicious that he had cheated on her. She went down to his business, a collectable store, and began yelling at him. When he called Police so that they would come and “Trespass” Ms. K, she picked up a golf club and damaged paintings worth $4,200. She was subsequently arrested and booked in for Felony Criminal Damage.

Ms. K’s boyfriend secured our services because he did not wish to see his girlfriend prosecuted. We contacted the Prosecutors and they indicated that the State was pressing charges and not Ms. K’s boyfriend. When it became apparent that they would have a problem securing any corroborating witnesses, they Dismissed charges at the Preliminary Hearing level.

2 COUNTS PUBLIC SEXUAL INDECENCY and 2 COUNTS INDECENT EXPOSURE REDUCED to MISDEMEANOR DISORDERLY CONDUCT at JURY TRIAL AFTER EVIDENTIARY HEARING RE: CORPUS DELICTI RESULTED in SUPPRESSING DEFENDANT’S STATEMENTS– Stave v. Mr. J (DMC No. 9696) (Mesa City Court No. 2009-069324): Mr. J was accused by two young children of driving around the neighborhood and exposing himself while engaging in masturbatory conduct. He was subsequently arrested on two counts of Public Sexual Indecency and two counts of Indecent Exposure. At trial, we were able to show at a Motion in Limine hearing that any alleged statements gather by Mr. J were improperly coerced by police. We are also show that they are no actual evidence he committed a crime without these statements. The judge agreed and suppressed all statements. Because of that development, the Prosecutor would most likely not win at jury trial, and therefore offered a plead to a single count of misdemeanor Disorderly Conduct (not for a sexual purpose).

 

VACATED and BENCH WARRANT QUASHED | ORDER to SHOW CAUSE – State v. Mr. T. (DMC No. 5070) (Mesa City Court 2004-001392): Mr. T. had been convicted of a domestic violence and was ordered to attend domestic violence counseling.  He did not enroll or complete the counseling, and the judge issued an Order to Show Cause.   The judge was inclined to give Mr. T. jail time, however we convinced the judge to give him more time to complete his classes.  He ultimately completed his classes and the Order to Show Cause was vacated.  In addition, he was not required to post a bond when we initially walked him into court to Quash his Bench Warrant.

UNLAWFUL USE of MEANS of TRANSPORTATION DISMISSED – State v. Mr. S. (DMC No. 6550) (Mesa City Court 1997072258): Mr. S. and his friend were town for a wedding reception at the Arizona Golf Resort.  They became intoxicated and went for a joy ride on a golf cart and took it to a local Circle K.  They eventually abandoned the golf cart and it was found with the wedding program still inside.  The police obtained surveillance video and tracked down Mr. S.  He was very honest about what had occurred, yet he was still charged with Unlawful Use of Means of Transportation.  We were able to convince the prosecutor to dismiss all charges in exchange for some classes pursuant to a “diversion” program.  The conviction could have cost Mr. S. his pilot’s license.

DISMISSED | SUPER EXTREME DUI (.237 BAC) DISMISSED – State v. Ms. S. (DMC No. 10775) (Mesa City Court 2011-069344): Ms. S. was involved in a minor traffic accident, and when police arrived they stated she was “out of it” with slurred speech.  She was currently taking medication for diabetes and high blood pressure.  After a blood draw, her blood came back at a .237 BAC.  We were able to show that Ms. S. was not competent to face charges, and the State moved to dismiss in order to route the case to the Maricopa County Superior Court “Rule 11” Division in order to determine competency.  Ms. S. was deemed to be incompetent and all charges remained dismissed.

COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. V. (DMC No. 4741) (Mesa City Court 2004021500): Police received a 911 call from a male who asked for assistance because a female was “flipping out” in his house. The person then hung up the phone. Upon arrival, Mr. V. admitted he had called police because his fiancé was drunk and she had attempted to bite Mr. V. When he restrained her, the wine glass in her hand broke and she obtained some bruises. We were able to argue self-defense at trial, and the Judge acquitted Mr. V. of all charges.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | ASSAULT – State v. Mr. P. (DMC No. 5345) (Mesa City Court 2004-074593): Mr. P. was accused by his girlfriend of assaulting her friend “James”.  They said both people were drunk and it had occurred at a party the night before.  At trial, we were able to show that Mr. P. was in fact assaulted by James, and that James was now dating Mr. P.’s ex-girlfriend.  The Judge found Mr. P. not guilty of all charges at trial.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | ASSUALT – State v. Mr. V. (DMC No. 4823) (Mesa City Court 2004-041870): Mr. V. was at a Harkins movie theatre watching a movie when the alleged victim and her friends sat behind him and put their knees and feet on the back of his chair. Mr. V. exchanged words with the alleged victim, and then they did the same thing again. He then slammed his chair back, causing a one inch scratch on the alleged victim’s leg. At trial the Judge found that the Mr. V. was not criminally negligent, and the alleged victim provoked his response.

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