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Category Archives: Pinal County Superior Court Victories

Felony Issuing Bad Checks ($5,000) Felony Identify Theft & Felony Forgery Not Charged – State v. Mr. T (DMC No. 14202) (Pinal County Sheriff’s Office DR14-0130179): Mr. T worked for a well known national bank as a teller.  After his last day on the job, he was contacted by the fraud department claiming he had written multiple checks from different businesses totaling $5,000.  He immediately retained our services and we contacted the banks fraud department.  We also contacted the lead detective of the Pinal County Sherriff’s Office.

We then prepared a Trebus letter, which we sent to the Pinal County Attorney’s Office should they proceed by way of Grand Jury.  We requested that our client would like to make a statement, and the Grand Jury be told this, in fact, was going to happen.  After presenting our objections to the bank and to the Detective, the Detective requested more information from the bank.  The bank’s Investigator could not provide further information or handwriting samples which would support their claim.  No charges were brought against Mr. T.

Felony Sexual Conduct with a Minor, (3 Counts) Felony Sexual Assault & (2 Counts) Felony Sex Abuse DismissedState v. Mr. B (DMC No. 11308) (Casa Grande Justice Court/Pinal County Superior Court IA-2011-133): Mr. B had been living with his girlfriend for some time and they had been having relationship issues. Also in the household was his girlfriend’s 12 year old niece.  Both had been drinking one night and engaged a loud argument about breaking up. Thereafter, his girlfriend claimed that the 12 year old niece had stated that Mr. B had come into her bedroom and committed sexual conduct with her.  She said that this first occurred when she was 11 years old and had been going on for the past year.

Police arrived and arrested Mr. B and he was charged with Sexual Conduct with a Minor, along with 3 counts of Sexual Assault and 2 counts of Sexual Abuse.  We were quickly engaged and were able to get him released from custody at start of the case. We then immediately contacted the Detective and the Prosecutor began providing them with information about Mr. B’s ex girlfriend. In addition, we provided them with a polygraph that showed Mr. B was being truthful when he stated he never engaged in any sexual contact with the minor.  As the Detectives’ investigation went further into the case, both the Detective and the Prosecutor agreed to Dismiss the charges and not bring them back up for re-filing.  If Mr. B had been convicted of all of the charges, he would have spent the rest of his life in prison, due to the fact that these crimes were Dangerous Crimes Against Children (DCAC).

Felony Failure to Register as a Sex Offender Dismissed – State v. Mr. M (DMC No. 12196) (Pinal County Superior Court CR2014-00369):  Mr. M had committed a sex offense in another state before moving to Arizona.  He had been registering in Arizona as required by Arizona Revised Statute ARS 13-3821.  He was going to move to Europe, and he came into the Pinal County Sherriff’s Office and informed them he was moving to Europe, but did not yet have an address. They then told him to send the address once he arrived there.  He ended up moving to Greece, and then when he came back into town, he was arrested as he was attempting to get back on the airplane to fly back to Greece.  He was held on a $50,000 bond and charged with Failure to Register as a Sex Offender per Arizona Revised Statute ARS 13-3821.

We were able to research his prior conviction and show that the “Adjudication had been Withheld”, which called into question whether he needed to register at all.  In addition, we showed the prosecutor attempted compliance when he went in and spoke with the Sherriff’s Office.  They were the ones who in fact told him he could leave the country. Ultimately, the prosecutor agreed and dismissed all charges.  Originally Mr. M was facing mandatory prison time.

DISMISSED | FELONY CRIMINAL DAMAGE – (Pinal County Superior Court No. 200201480CR): Mr. R. was going through a divorce when his soon to be ex-wife accused him of damaging her vehicle. Mr. R had been keeping an extensive log of activities due to previous false allegations by his wife. Through an extensive investigation, we were able to show that she was untruthful, and the Pinal County Attorney’s Office dismissed all charges.

INSURANCE FRAUD/FRAUD SCHEMES ($19,900) REDUCED to class 6 Open/Misdemeanor THEFT which was later REDUCED to a MISDEMEANOR with PROBATION and ZERO DAYS in JAIL. – State v. Mr. & Mrs. B (DMC No. 4545 & 4546) (Pinal County Superior Court CR 2004-00404; CR 2004-00405): Mr. and Mrs. B had purchased a Harley Davidson motorcycle which cost over $20,000. They hid the motorcycle in their garage and called their insurance company in order to file a claim. They were eventually paid $19,900 for the motorcycle. Insurance company investigators became suspicious and photographed Mr. B on the motorcycle. Ultimately, Mr. & Mrs. B were both charged with Insurance Fraud & Theft. They then sought out our help and signed off on Conflict Waivers regarding any potential conflict between us representing both of them. They both were fully aware they were admitting their wrong doing, and we were seeking to avoid Prison time. We were able to convince the Prosecutor to reduce the charge to a Class 6 Open/Misdemeanor with Probation and zero days in Jail in exchange for Restitution. Both successfully completed Probation and the charges were reduced to Misdemeanors. Neither has a Felony conviction on their record.

THIRD OFFENSE POSSESSION of MARIJUANA for SALE (205 Pounds) REDUCED to PROBATION with ZERO DAYS in JAIL- State v. Mr. M (DMC No. 6948) (Pinal County Superior Court CR2003-01769):  Mr. M was pulled over by DPS Officers for allegedly following a vehicle too closely, and having a plastic license plate cover which obscured his license plate. Police noticed a blanket was covering some items in the back seat of his camper shell, and they began pressuring Mr. M for consent to search then area. Ultimately, he gave consent and 205 Pounds of Marijuana was found in his vehicle. Officers also determined that Mr. M had prior Felony convictions for Trafficking in Marijuana in a different state.

Mr. M had separate counsel before he retained our services, and the best offer they could receive was 6 1/2 years in Prison. We followed up with Motions to Suppress for an Unreasonable Stop, and Coerced Search. Ultimately the Prosecutor offered a lower Prison deal which we rejected. Finally, they offered a plea which included Probation and zero days in jail. Mr. M was originally facing well over a decade in Prison should be have gone to trial and had been convicted.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: FELONY AGGRAVATED ASSAULT – State V. Mr. S (DMC No. 6525) Oct. 18, 2006 (Pinal County Superior Court CR2006-00186): Mr. S was a prison guard at the Florence State Prison who was present when one inmate began assaulting another inmate. This particular inmate was violent and had previous history with mental institutions. As the fight was being broken up, a Lieutenant came in and became very upset. After leg restrains and hand restrains were placed on the inmate, the Lieutenant beat the inmate so badly that he had multiple broken bones and needed reconstructed surgery.

The Lieutenant instructed all of the guards (including Mr. S) to give a false story. He also erased the video tape of what had occurred. Several weeks after the incident, the guards began telling the truth to the Internal Affairs Department. Mr. S was charged, even though he never struck the inmate. After a 2 day Bench Trial, involving numerous witnesses, we were able to show the Judge that Mr. S simply stood by as ordered by his superiors. He never partook in the actual Assault on the Inmate. The judge returned a verdict of Not Guilty on all charges.

Dismissed at Jury Trial – Felony Child Abuse and Felony Aggravated Assault on a Child – State v. Ms. J (Oct. 13, 2014) (DMC No. 12366) (Pinal County Superior Court CR2013-00944): Ms. M was married to another woman (our client, Ms. J) who had two children (a 10 year old & a 12 year old).  During the course of the relationship Ms. M’s wife became separated from Ms. M and they were in the process of divorce.  They still shared custody of the children during visitation. At one point, Ms. M’s ex-spouse stated that the two children came home and claimed one had been whipped with a belt across their rear buttocks, and the other had been head butted by Ms. J.

Ms. M’s ex-wife then took the children to the Police and reported the incident.  She secured an Order of Protection, and was given Temporary Custody of both children.  The children were interviewed by Police, and confirmed the stories.  Ms. J was then charged with Felony Child Abuse per Arizona Revised Statute ARS 13-3623, and Felony Aggravated Assault on a Child.

We became involved in the case, and immediately secured the interviews and photographs of the children’s injuries. From the photographs, it did not appear the injuries were remotely close to the injuries described in the Police Reports.  We were also able to demonstrate that these allegations were being potentially used to gain an advantage in the custody battle.  Just prior to Jury Trial, the Prosecutor agreed to dismiss all charges if Ms. J were to do some Diversion classes.   Rather than risk multiple years in prison should she lose a trial, Ms. J agreed to do the classes in exchange for complete Dismissal of all charges.

(DMC No. 9911) (Pinal County Superior Court No. CR2010-01190): Mr. K. was stopped while driving with two 7 year olds and two 10 year olds in his vehicle. An anonymous caller told police he had been weaving. Upon the stop, it was discovered that Mr. K. had a prior DUI conviction, at a .230 blood test. We were able to file motions that the stop was potentially suspect and this helped secure an offer for a misdemeanor DUI with a small amount of jail time.

DISMISSED | HINDERING PROSECUTION/FACILITATION of UNLAWFUL FLIGHT and PUBLIC NUISANCE ALL DISMISSED – State v. Mr. C. (DMC No. 4772) (Pinal County Superior Court Booking No. 49889): Mr. C. had been drinking with a friend on the Indian Reservation, when they got into the friend’s vehicle. The friend ended up backing into a police car and getting into a high speed chase. Both were arrested and Mr. C. was charged with “Hindering Prosecution”, being an “Accomplice/Facilitating Unlawful Flight” and “Public Nuisance”. We were able to speak with the charging Prosecutor, and he agreed to decline charges on Mr. C. because he was merely a passenger. The driver was not so lucky.

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