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January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 9519)

REDUCED | 7 COUNTS of SEXUAL MISCONDUCT with a MINOR and 1 COUNT of FURNISHING HARMFUL or OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. T. (DMC No. 9519) (Maricopa County Superior Court CR2009-174270): Mr. T. was a 34 year old male who began a sexual relationship with his 17 year old cousin. While they were in a hotel parking lot, police made contact with him and began questioning him as to why he was in the area. They ultimately discovered that the two of them had engaged in sexual conduct inside of the motel. They also later discovered through interviews that this had happened on numerous occasions and that pornography had also been shared between the two of them. Mr. T. was ultimately charged with 7 counts of Sexual Conduct with a Minor pursuant to Arizona Revised Statute 13-1405 and 1 count of Furnishing Harmful Obscene Materials to a Minor under Arizona Revised Statute 13-3506. Because of the questionable nature of the stop we were able to convince the prosecutor to extend the plea which included a small amount of Probation and zero days in jail. This was a very advantageous plea given the fact that Mr. T. was 21 years older than his cousin.

January 2, 2015
Posted on Author By dmcantor Categories 100H MIC/MIP Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. O. (DMC No. 6273)

MINOR in CONSUMPTION of ALCOHOL DISMISSED due to IDENTIFICATION ISSUE – State v. Mr. O (DMC No. 6273) (University Lakes Justice Court JC2006-106801): Mr. O lived in a fraternity house at Arizona State University and there was a party at his house. Police were called because somebody had punched the back of a car and committed Criminal Damage. When Police arrived, they saw 12 people inside one of the rooms at Adelphi Commons, and they subjected everyone to a Portable Breath Test. They claimed that Mr. O tested a .099 BAC.

Mr. O was subsequently charged with Minor in Consumption of Alcohol per Arizona Revised Statute ARS 4-244.40. During subsequent interviews, the Officers weren’t able to identify Mr. O from a photo lineup. We were then able to convince the Prosecutor to dismiss all charges against Mr. O.

October 2, 2014
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. R (DMC No. 10410)

Mr. R had a daughter who he had been living with him and his life partner. The daughter had come to school with a black eye, and had reported that the father’s life partner had struck her. After CPS (now the Arizona Department of Child Safety/DCS) were called in, the life partner was turned over to Police authorities for investigation. Mr. R was accused of not reporting the incident and CPS took temporary custody of his daughter, and eventually “substantiated” the charge.

Mr. R hired us to Appeal the decision and we were able to demonstrate that he was not aware that this abuse incident had even taken place. Through working with DCS, they agreed to reverse their finding if Mr. R agreed to a “parenting plan” with CPS. Mr. R got his child back and his household was reunited.

August 25, 2014
Posted on Author By dmcantor Categories 100I Fake ID Victories, 800 Miscellaneous Crime Victories, Case Victories, Eloy Justice Court Victories

State v. Mr. I. (DMC No. 4886)

REDUCED | FAKE DRIVER’S LICENSE REDUCED to FALSE INFORMATION to a POLICE OFFICER – State v. Mr. I. (DMC No. 4886) (Eloy Justice Court CR2004-0456): Mr. I. was stopped on the I-10 Freeway near Eloy, Arizona for travelling 84 in a 75 mph zone.  He was found to be displaying a Fictitious License Plate and he handed the officer an international driver’s license claiming that he was from Italy.  In reality, he was not. We were able to convince the Prosecutor to drop the False Driver’s License charge in exchange for False Information to police officer charge.  By having the other charge dropped, this prevented Mr. I from being deported out of the U.S.

August 25, 2014
Posted on Author By dmcantor Categories 100F False Reporting Victories, 100H MIC/MIP Victories, 100I Fake ID Victories, 800 Miscellaneous Crime Victories, Case Victories, Desert Ridge Justice Court Victories

State v. Ms. T (DMC No. 8961)

REDUCED | FALSE INFORMATION, FAKE ID and MINOR in POSSESSION of ALCOHOL REDUCED to MINOR in CONSUMPTION with ZERO DAYS in JAIL – State v. Ms. T. (DMC No. 8961) (Desert Ridge Justice Court JC2009-113691): Ms. T. was seen standing with a beer in hand by a plain clothes officer on foot patrol.  He surmised that she looked too young to drink, and asked her for her ID.  She provided a fake ID and said she was 21 years old.  She was ultimately arrested for Fake ID and False Information, and she provided a .065 breath test.  We were able to have the Fake ID, False Information and Minor in Possession of Alcohol charges dismissed in exchange for a single plea to a Minor in Consumption with a small fine and classes.

August 25, 2014
Posted on Author By dmcantor Categories 100S Animal Crime Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H. (DMC No. 8827)

NOT CHARGED | ANIMAL CRUELTY NOT CHARGED – State v. Mr. H. (DMC No. 8827) (Maricopa Police Department DR 09-02546): Mr. H. lived with his girlfriend in a house when she was deployed to Iraq.  He had several cats that were indoor/outdoor cats that would come and go through the window while he was living there.  For approximately 3 weeks before he moved out of the home, he had not seen the cats.  He would go back periodically to the vacant home to see if the cats had come to eat cat food and drink water, which was left by the kitchen counter.   He eventually stopped returning to the house.  Roughly 1 month later, as the mortgage company entered the house to do an inspection and put a new lock box on the door prior to foreclosure, the cats were found dead inside of the house.  The Maricopa Police Department attempted to accuse Mr. H. of Animal Cruelty and Neglect, and we were able to convince the Pinal County Attorney’s Office to not file charges.

June 10, 2014
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Ms. R. (DMC No. 10838)

GRANTED | FINGERPRINT CARD APPLICATION GRANTED – State v. Ms. R. (DMC No. 10838) (Arizona Board of Fingerprinting Application IVP0351368): Ms. R was in Mexico visiting friends, when one of her friends asked her to take her sick baby back to the U.S. for treatment. Ms. R attempted to cross the border and was stopped and admitted the baby was not hers. Years later, Ms. R had been hired to become a school teacher and a “fingerprint card” was requested. She was originally denied her fingerprint card, and she hired our Firm. We assisted her with the application and explained to the Arizona Board of Fingerprinting that Ms. R was never charged and was not officially arrested. They agreed to give her her fingerprint card, and she is now a school teacher.

June 10, 2014
Posted on Author By dmcantor Categories 100L Public Nuisance Victories, 800 Miscellaneous Crime Victories, Case Victories, University Lakes Justice Court Victories

State v. Mr. B. (DMC No. 10351)

DISMISSED | PUBLIC NUISANCE DISMISSED – State v. Mr. B. (DMC No. 10351) (University Lakes Justice Court JC2011-116426): An ASU Police Officer indicated that he saw Mr. B at 7th Street and College Avenue in Tempe urinating by the side of a building. Instead of citing for “Public Urination,” he cited Mr. B for “Public Nuisance”. When Mr. B called into our office he was living in Texas. He insisted that he was not in Tempe, and somebody must have used his driver’s license or his identity. We put together a “photo line-up” which included six people (one of them being Mr. B), and we interviewed the officer. He could not pick out Mr. B in the photo line-up. The Prosecutor agreed to dismiss all charges.

June 10, 2014
Posted on Author By dmcantor Categories 100O Public Intoxication/Consumption of Alcohol Victories, 800 Miscellaneous Crime Victories, Case Victories, Scottsdale City Court Victories

State v. Ms. B. (DMC No. 10419)

DISMISSED | PUBLIC INTOXICATION DISMISSED DUE to UNCONSTITUTIONALITY of STATUTE – State v. Ms. B. (DMC No. 10419) (Scottsdale City Court SC-2011-005083): Ms. J was seen with her husband stumbling down the street in downtown Scottsdale. She was contacted by police, and they cited her for public intoxication. The Scottsdale City Ordinance she was cited under was 19-8. We argued that this ordinance was unconstitutional, and the State agreed – dismissing all charges. The Court of Appeals has since ruled in May of 2014 that Scottsdale’s City Ordinance is, in fact, unconstitutional.

April 28, 2014
Posted on Author By dmcantor Categories 100E Custodial Interference Victories, 118 Miscellaneous Crime Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. P. (DMC No. 7390)

NOT CHARGED | CUSTODIAL INTERFERENCE NOT CHARGED – State v. Mr. P. (DMC No. 7390) (Glendale Police Department Investigated): Mr. P.’s goddaughter had a friend who he had met before.  She claimed she was 17 years old, was about to turn 18 and needed to borrow money to take a flight to Pennsylvania to visit her father.  Mr. P. was under the impression that she had permission and was also under her father’s custody.  It turned out she was only 16, had run away from her mother and did not have permission to travel.  Because Mr. P. did not get along with her mother, he was investigated for Custodial Interference.   We were able to convince the police that even though he was friends with the girl’s father he was not intentionally trying to aid in her “escape” from her mother. No charges were filed.

 

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