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Category Archives: 78 Misconduct Involving a Weapon Pre-Charge Victories

NOT CHARGED | MISCONDUCT with WEAPON (prohibited possessor)/POSSESSION of STEROIDS NOT CHARGED – State v. Mr. D. (DMC No. 6369) (Maricopa County Sheriffs Office Investigated): Mr. D. had prior felony convictions and a “confidential informant” informed police that he was possessing steroids. When they executed the search warrant, they found steroids and several weapons. Mr. D. was facing a minimum of 4 ½ years in prison, and we were able to negotiate a “co-operation” deal with the Detectives, and no charges were brought against Mr. D. He eventually went on to finish his probation on his previous charge without incident.

NOT CHARGED | MISCONDUCT with WEAPON (prohibited possessor)/POSSESSION of DANGEROUS DRUGS and MARIJUANA NOT CHARGED – State v. Mr. M. (DMC No. 5699) (White Tank Justice Court TR05-00443): Mr. M. was observed driving in a truck on State Route 101, when he drifted into the “Gore Point”. The officer pulled him over, discovered several passengers in the car with Mr. M. Mr. M. was subsequently arrested for extreme DUI and produced a .230 BAC. Inside of the truck, a gun was found under the seat along with marijuana and anabolic steroids. Mr. M. invoked his right to remain silent. We were able to convince the Prosecutor that the gun, marijuana and steroids could have belonged to any of the people in the vehicle. They agreed to not press those charges, and eventually allowed Mr. M. to plead to only an extreme DUI with just 10 days in jail. Mr. M. would have been facing 3 to 6 years in prison for being a “prohibited possessor” if he were charged and convicted.

NOT CHARGED | MISCONDUCT with WEAPON/TAMPERING with PHYSICAL EVIDENCE/FAILURE to COMPLY with POLICE OFFICER NOT CHARGED – State v. Mr. W. (DMC No. 4437) (Tolleson Police Department DR04-0503028): Mr. W. was pulled over by police for allegedly not having a license plate light. In reality, the police were conducting surveillance on a known drug house and wanted to see if he purchased drugs. When they asked if they could search him, he said “no thank you”. He was then placed in handcuffs, taken to the ground and upon being searched a gun, knife and drugs were found. The officers alleged that he attempted to throw the knife and hide it before being placed under arrest. We were able to convince the Prosecutor to only charge the possession of drugs and allow Mr. W. to do a diversion dismissal class known as “TASC”. None of the other charges were brought, and he has no conviction on his record.

NOT CHARGED | CONCEALED WEAPONS VIOLATION – State v. Mr. S. (DMC No. 6979): Mr. S. was a motorcycle rider who was stopped near Flagstaff, Arizona. The police felt that he was wearing a jacket that would be indicative of belonging to a motorcycle gang. Upon a search, a concealed weapon was discovered on Mr. S.’s property. We were able to argue that this concealed weapon (brass knuckles) was actually a belt buckle. We also argued that there was no reasonable suspicion to stop Mr. S. in the first place. Ultimately, we convinced the prosecutor not to bring charges.

NOT CHARGED | POSSESSION OF DANGEROUS DRUGS FOR SALE/Misconduct with a Weapon/Possession of Drug Paraphernalia, State v. Mr. C. (Maricopa County) (DMC No.’s 4202/4203): Mr. C. came to us with 3 different cases. We were able to negotiate a “cooperation deal” with the DEA, and local detectives. Mr. C. satisfied his obligations and no charges were brought against him. He originally was facing years in prison.

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