September 27, 2011

September 27, 2011 By dmcantor 100H MIC/MIP Victories, 800 Miscellaneous Crime Victories, Case Victories, White Tank Justice Court Victories

State v. Ms. E (DMC No.)

DISMISSED | UNDERAGE DRINKING – (White Tank Justice Court JC201102129) Ms. E was at the University of Phx stadium, celebrating with her family before the college football championship game. Police cited her for underage drinking. At her trial, we got her portable breath test result thrown out by the Judge. Then we got her admission to drinking thrown out as a coerced statement to the police. Finally, we successfully argued that the odor of alcohol the officer claimed he smelled off of her was insufficient evidence to convict her. The Judge agreed and ruled that Ms. E was not guilty.

July 27, 2011

July 27, 2011 By dmcantor 100L Public Nuisance Victories, 800 Miscellaneous Crime Victories, Case Victories, University Lakes Justice Court Victories

State vs. Mr. S. (DMC No. 10070)

DISMISSED | CRIMINAL NUISANCE – State vs. Mr. S. (DMC No. 10070) (University Lakes Justice Court No. 2010-152518): Mr. S. was in the City of Tempe late at night when he had been partying with friends. He was extremely intoxicated and was cited urinating into a garbage can while two females walked by and vehicular traffic was nearby. He was subsequently charged with a more serious charge of Criminal Nuisance (versus Urination in Public) and a conviction would have gotten him thrown out of school and potentially cost him his job. We were able to convince the prosecutor to allow Mr. S. to enroll in an alcohol treatment program in exchange for a Dismissal of all charges.

February 2, 2010

February 2, 2010 By dmcantor 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Mr. H. (DMC No. 7688)

FAILURE to CHECK ID at BAR DISMISSED – State v. Mr. H (DMC No. 7688) (Tempe City Court No. 07-016687): Tempe Police Officers were conducting a liquor check at the Vine Bar near ASU. When they walked through the bar, they saw an ASU student who appeared to be too young to drink and who was holding alcohol. They asked him how he got inside and purchased alcohol, and he said he walked in on the bar patio where there was no bouncer. He also went up to the bar and ordered without them asking for his ID. Police then contacted Mr. H (the Manager) and asked him what happened. He stated that Security must have gone and cleaned the parking lot and left the patio unattended. They then cited Mr. H for Failure to Check Identification at a Liquor Establishment pursuant to Arizona Revised Statute ARS 4-241A. We explained the situation to the Tempe City Prosecutor’s Office, and they agreed to dismiss all charges if Mr. H took classes regarding liquor control.

September 2, 2009

September 2, 2009 By dmcantor 100 Miscellaneous Crimes Victories, 500 Assault / Violent Crime Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. L (DMC No. 9091)

Mr. L. was on various blood thinners when he accidentally cut himself in the kitchen. His wife called the ambulance, Police arrived and Mr. L. was taken away to be treated for his cuts. Unbeknownst to Mr. L’s wife, he was then arrested and charged with Domestic Violence. The Police assumed he must have gotten into a fight and broken something while arguing with his wife.

Eventually, all charges were dismissed against Mr. L. once the situation was explained. However, his record still reflected an arrest for Assault and Criminal Damage. Pursuant to Arizona Revised Statute ARS 13-4051(A) we were able to file a Motion for Entry on Records of Clearance in order to remove the entire arrest records off of Mr. L’s permanent file. The Maricopa County Superior Court Judge agreed with us and granted motion. There is now no record of any arrest regarding Mr. L.

March 19, 2009

March 19, 2009 By dmcantor 100 Miscellaneous Crimes Victories, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 100S Animal Crime Victories, 101 Misc. Crimes Jury/Bench Trial Victories, 2100 Superior Court Victories, 800 Miscellaneous Crime Victories, Case Victories, Jury Trial Victories

State v. Mr. B (DMC No. 8642)

Mr. B had been in a dispute with some fellow neighbors and had recently sold a horse which he was taking to the new owner. The neighbor said he saw him attach a tow strap to the horse, and then take off at a high rate of speed with the horse following. The neighbor called Police and stated that the horse was being dragged.

When the Deputy arrived, he claimed he saw the horse lying on it’s side and Mr. B striking it with a PVC pipe. Mr. B. denied that he ever struck the horse, or dragged it, and stated that the horse threw itself on the ground. He was subsequently arrested and charged with Animal Cruelty under Arizona Revised Statute ARS 13-2910.

At Jury Trial, we presented testimony from his girlfriend (who was in the truck) who contradicted what the Officer claimed. We also showed that the Officer had previous contacts with Mr. B., and he was biased against him. Lastly, we presented photographs of the animal which did not show anything remotely close to what the Officer had described. In the end, the Jury found Mr. B. Not Guilty of animal cruelty, and he was acquitted on this charge.

January 29, 2009

January 29, 2009 By dmcantor 100F False Reporting Victories, 800 Miscellaneous Crime Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State vs. Mr. P (DMC No. 8691)

DISMISSED | BOMB THREAT – State vs. Mr. P. (DMC No. 8691) (Phoenix Police Report No. 2008-81850649): Mr. P. had been frustrated when dealing with Bank of America regarding his credit card statement and balance. Bank employees reported that Mr. P. called in and stated if they did not give him credit for his airline miles that he was “going to bomb the Phoenix office”. He was eventually arrested and taken into custody. We were able to talk with the charging attorney at the Maricopa County Attorney’s Office and they agreed that based on Mr. P.’s mental state and stressors in his life, they were not going to proceed with criminal charges.

August 6, 2007

August 6, 2007 By dmcantor 100 Miscellaneous Crimes Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. and Ms. W (DMC No. 8674)

Mr. and Ms. W’s 15 month old son fell down and struck his head. He was taken to Phoenix Children’s Hospital and they determined that the injuries suffered were not consistent with a simple fall. They informed CPS (The precursor to DCS/ The Department of Child Safety) that they felt this was a case of “Shaken Baby Syndrome”. CPS then came in and took temporary custody of their child per Arizona Revised Statute ARS 8-823.

We immediately obtained medical records and the imaging scans taken of the child and forwarded them to an independent Forensic Doctor who specialized in Pediatric Injury. He reviewed all evidence, and concluded that this injury to the child was not caused by Shaken Baby Syndrome. All of this evidence was presented at the hearing and CPS reversed their decision and gave the child back to Mr. and Ms. W. In addition, no criminal charges were brought against Mr. and Ms. W. for alleged Child Abuse.

August 4, 2007

August 4, 2007 By dmcantor 100 Miscellaneous Crimes Victories, 100F False Reporting Victories, 100J Obstruction/Hindering Operation Victories, 100K Failure to Obey a Police Officer, 100T Prevention of the Use of a Telephone Victories, 500 Assault / Violent Crime Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 800 Miscellaneous Crime Victories, Case Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. K (DMC No. 8476)

Mr. K was having an argument with his wife, when she picked up the phone to call 911. He then grabbed the phone, threw it down and damaged it. Police responded off the initial 911 “trigger”, and saw Mr. K in his garage. When he was instructed to exit the garage, he reached for a duffle bag on the ground and Officers immediately grabbed him and escorted him outside with a “control hold”. When they searched the duffel bag they found a weapon.

Mr. K was allegedly struggling when they placed him under arrest and when he was cuffed. He repeatedly stated that he had done nothing wrong and didn’t know why the Police were there. The Police then charged him with Obstruction of a Governmental Operation under Arizona Revised Statute ARS 13-2402 (A)(1), Failure to Obey a Police Officer under Mesa City Code 42-179; Prevention of the Use of a Telephone During an Emergency under Arizona Revised Statute ARS 13-2915 (A)(3); False Reporting to Law Enforcement Officers under Arizona Revised Statute ARS 13-2907.01 (A); Carrying a Concealed Weapon per Arizona Revised Statute ARS 13-3102 (A)(1) and Criminal Damage under Arizona Revised Statute ARS 13-1602(A)(1). We were able to show the Prosecutor that the Statute does not qualify regarding Obstruction of a Governmental Operation while placing a defendant under arrest. Also, the False Reporting and Failure to Obey were fairly outrageous charges given the situation. As far as the Carrying a Concealed Weapon and Prevention of the Use of a Telephone, they agreed to dismiss both of those charges. Mr. K only pled to the Misdemeanor Criminal Damage due to the destruction of the telephone, and was given a minimal Jail sentence of 4 days in Jail. Originally, he could have been facing up to 2 and a half years in the County Jail.

August 3, 2006

August 3, 2006 By dmcantor 100J Obstruction/Hindering Operation Victories, 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Ms. S. (DMC No. 8364)

Ms. S, who was 21 years old, was with 2 of her friends when they became bored and went into an alleyway to throw oranges at cars. Once the Police were called, they arrived on scene and observed this activity. An Officer got out of his Patrol car and stated “Police, Stop”, and Ms. S and her 2 friends began to run away. When they were eventually caught, Ms. S was charged with Obstructing a Public Roadway per Arizona Revised Statute ARS 13-2906(A), and Obstructing a Police Officer under Chandler City Code CC11-11. We were able to convince the Prosecutor that this was a harmless prank, and that no vehicles were actually struck with the oranges. They agreed to dismiss both criminal charges in exchange to plea to a civil ticket of Failure to Remove Hazardous materials from a roadway under Arizona Revised Statute ARS 28-898(B).

April 7, 2005

April 7, 2005 By dmcantor 100I Fake ID Victories, 800 Miscellaneous Crime Victories, Case Victories

State v. Mr. R (DMC No. 4791)

Mr. R was traveling on 43^rd Avenue in Phoenix, Arizona, when he was pulled over by Phoenix Police. They found contraband inside his vehicle, and asked for his identification. He presented a Pennsylvania driver’s license indicating he was 19 years old, and the Officer also found a Fictitious driver’s license from New Jersey indicating that he was 21 years old. He was then cited with the criminal charge of Possession of a Fictitious License per Arizona Revised Statute ARS 28-3478(1). At the Bench Trial, we were able to convince the Prosecutor to dismiss the criminal charge of Possession of a Fictitious License in exchange to a plea to the Speeding ticket with a small fine.

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