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February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. I (DMC No. 5655)

AGGRAVATED ASSAULT with a GUN (dangerous)/POSSESSION of DANGEROUS DRUGS (meth/coke) and MISCONDUCT INVOLVING WEAPON REDUCED to ATTEMPT with 1.5 YEARS in PRISON – State v. Mr. I. (DMC No. 5655) (Maricopa County Superior Court CR2005-109265): In the first incident, Mr. I. swerved at an elderly gentleman, then got out and got into an argument with him. He pulled his gun on the man, and told him to quit trying to “stare him down”. In the second incident Mr. I. was pulled over by police while high on cocaine and meth, and his vehicle was subsequently searched in which both drugs and a gun were found. We were able to combine both of these cases into a single count of “Attempt”, which included a 1.5 year prison sentence. Mr. I. already served 6 months in jail during the pendency of his case, and he was given credit for that time. Before we entered into the plea, Mr. I. was facing a 5 to 15 year sentence on the Aggravated Assault charge alone.

February 13, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, 82B Possession/Paraphernalia Reduced, 84 Drug Sales/Transportation Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. P. (DMC No. 5002)

REDUCED | POSSESSION of DRUGS FOR SALE (1 pound marijuana; 17 grams of methamphetamine)/MONEY LAUNDERING/MISCONDUCT with WEAPONS and POSSESSION of DRUG PARAPHERNALIA REDUCED to SOLICITATION with PROBATION and ZERO DAYS in JAIL – State v. Mr. P. (DMC No. 5002) (Pinal County Superior City Court CR2004-01175): Detectives had been working with an undercover confidential informant who stated that Mr. P. had been selling drugs out of his house.  Police executed a search warrant, and then found 1 pound of marijuana, 17 grams of meth and a 9 mm handgun at Mr. P.’s location.  Mr. P. was questioned and made admissions, and then he was read his Miranda rights and made the same admissions again on tape.  Due to the improper questioning of Mr. P. pre Miranda, we were able to negotiate a plea agreement to a mere “solicitation to possess drugs”, which included probation with zero days in jail.  Originally Mr. P. was facing mandatory prison time for being above the threshold and having a gun on his possession while committing a drug crime.

 

February 6, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 82C Possession/Paraphernalia Pre-Charge Victories, Case Victories, White Tank Justice Court Victories

State v. Mr. M (DMC No. 5699)

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.

February 6, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 76 Misconduct Involving a Weapon Dismissed, 76-78 Misconduct Involving a Weapon Victories, Case Victories, Justice Court Victories, West Mesa Justice Court Victories

State v. Mr. M (DMC No. 5218)

MISCONDUCT with WEAPON DISMISSED – State v. Mr. M. (DMC No. 5218) (West Mesa Justice Court CR05-00349MI): Mr. M. had been drinking with a friend at a bar when he went outside to lie down on bench. He passed out due to his alcohol consumption, and when his friend came over and begin slapping him in the chest, a gun he had in his holster on his hip fell onto the ground. A police officer witnessed this and Mr. M. was arrested and charged with misconduct involving a weapon. We were able to convince the Prosecutor that the gun was visible when he was standing inside the bar, and the fact that it was obscured only when he laid down did not fit the intent of the statute. All charges were dismissed.

February 6, 2014
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 100K Failure to Obey a Police Officer, 100M Tampering with Evidence Victories, 115 Assault/Violent Crime Pre-Charge Victories, 118 Miscellaneous Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No. 4437)

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.

February 6, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 76-78 Misconduct Involving a Weapon Victories, 77 Misconduct Involving a Weapon Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Z (DMC No. 6472)

MISCONDUCT INVOLVING a WEAPON (prohibited possessor) with 2 PRIORS REDUCED to PROBATION with ZERO DAY JAIL – State v. Mr. Z. (DMC No. 6472) (Maricopa County Superior Court CR2005-139036): Mr. Z. had been contacted by police when a call came in that he was threatening to commit suicide. When police contacted him, he was found in a bedroom with several rifles and guns located against the wall. He was immediately taken into custody and invoked his right to counsel. He was subsequently charged with a class 4 “misconduct involving weapons” with 2 priors, which meant he was facing 6 to 15 years in prison. We were able to conduct mitigation and have the case reduced to probation with no allegation of prior convictions. At sentencing, we put on a Mitigation Hearing and the Judge agreed to give zero day’s jail to Mr. Z.

November 17, 2011
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S. (DMC No. 6979)

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.

November 17, 2011
Posted on Author By dmcantor Categories 116 Drug Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 85 Drug Sales/Transportation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C (DMC No.’s 4202/4203)

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.

August 4, 2007
Posted on Author By dmcantor Categories 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.

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