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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.

 

April 28, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. P (DMC No. 7618)

NOT CHARGED | SEXUAL CONDUCT with a MINOR – State v. Mr. P. (DMC No. 7618) (Youngtown Police Department Investigated): Mr. P. was a 35 year old male who was accused of having sex with a 16 year old neighbor.  Allegations were that he got her pregnant, and that she had an abortion.  Due to a lack of any physical evidence, combined with statements that were from the alleged victim’s family only, we invoked Mr. P.’s 5th Amendment rights and he was not interviewed by police.  We then convinced the Detective that they had no actual physical evidence, or direct confession from Mr. P., and no charges were ever brought.

 

March 21, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, 65 Homicide Pre-Charge Victories, 79F Second Degree Murder Victories, 79G Manslaughter Victories, 79K Negligent Homicide Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. F (DMC No. 11880)

NOT CHARGED/REDUCED | VEHICULAR 2ND DEGREE MURDER NOT CHARGED/MANSLAUGHTER and AGGRAVATED ASSAULT (dangerous) REDUCED to NEGLIGENT HOMICIDE (non dangerous) with 1 YEAR in PRISON (7 months of actual time) – State v. Mr. F. (DMC No. 11880) (Maricopa County Superior Court CR2011-007282): Mr. F. was travelling on the southbound 101 in Scottsdale when another vehicle engaged an SUV in “road rage” in front of him. The original vehicle slammed on its brakes, causing Mr. F. to swerve to the right, striking the SUV. The SUV flipped and the driver subsequently died at the scene. The original vehicle took off and was designated a “phantom vehicle” by Mr. F. and several witnesses. During the course of the investigation, Mr. F. was discovered to have marijuana and a pipe on his possession. He admitted to smoking marijuana hours earlier. Blood was drawn which was revealed the presence both “active” and “inactive” marijuana metabolites. We submitted various documentation to the County Attorney’s Office and Attorney General’s Office before the case went to Grand Jury. They were originally seeking 2nd Degree Murder charges, but the Grand Jury only returned charges based on Manslaughter. During the course of vigorously defending the case, we had the County Attorney’s Office removed for “conflict”, and the Attorney General’s Office took over the case. We eventually negotiated a reduced plea to Negligent Homicide (Non Dangerous), with a stipulated 1 year in DOC. The actual amount time that Mr. F. will spend in prison is only 7 months. He was originally facing a potential 10 to 22 years on the 2nd Degree Murder and 7 to 21 years on the Manslaughter.

March 6, 2014
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No. 10869)

NOT CHARGED | SUPER EXTREME DUI (.269 BAC) – State v. Mr. W. (DMC No. 10869) (DPS DR2011-040660): Mr. W. was stopped at Val Vista Road & the US 60 for making an illegal right turn and striking a curb.  He was subsequently given a series of field sobriety tests and provided a breath test reading which resulted in a .269 BAC.  Although the officer attempted to cite Mr. W. into the East Mesa Justice Court, he waited too long to do so and the statute of limitations subsequently ran.  We were able to prevent any attempts to file charges after that date.

March 6, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 9 Felony Aggravated DUI’s Reduced, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 10795)

REDUCED/NOT CHARGED | FELONY AGGRAVATED DUI (.267 BAC with child in car) REDUCED to a misdemeanor DUI with 1 day in jail/ASSAULT NOT CHARGED – State v. Mr. C. (DMC No. 10795) (Maricopa County Superior Court CR2012-10795):  Mr. C. had been having problems with high school kids parking their cars and drinking and partying at the bottom of his drive way which overlooked the City from a mountain view.  When returning from dinner with his wife and children in the car, he arrived at his driveway and got into a physical altercation with one of the teenagers.  After a DUI investigation ensued, he provided a blood sample of .237 BAC.  We were able to convince the prosecutor to not charge him with the assault on a juvenile.  However, he was charged with AGGRAVATED DUI with child in car and faced up to 2 years in prison.  We were able to get the charge reduced down to a misdemeanor REGULAR DUI with only 1 day in jail (versus the SUPER EXTREME DUI penalty of 45 days in jail).  Mr. C. has no felony on his record.

March 3, 2014
Posted on Author By dmcantor Categories 110 DUI, DUI Drugs, Extreme DWI & Super Extreme DWI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 4AAA DUI/Extreme & Super Extreme Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S. (DMC No. 10171)

NOT CHARGED | EXTREME DUI (.230 BAC with prior)  – State v. Mr. S. (DMC No. 10171) (Apache Junction Police Department DR100616011):  Mr. S. was stopped by Apache Junction Police while travelling on Apache Trail.  He was pulled over for having a cracked windshield.  He subsequently was arrested for DUI after submitting to a portable breath test which revealed a .230 BAC.  We were able to argue that there was no reasonable suspicion to stop, prior to the case being formally charged and no charges were ever brought.

February 19, 2014
Posted on Author By dmcantor Categories 100J Obstruction/Hindering Operation Victories, 118 Miscellaneous Crime Pre-Charge Victories, 1800 Sentence Modification Victories, 800 Miscellaneous Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B. (DMC No. 10363)

NOT CHARGED | CONSPIRACY to HINDER PROSECUTION NOT CHARGED – State v. Mr. B. (DMC No. 10363) (Chandler Police Department Investigated): Mr. B. was a high ranking public official whose wife and daughter were charged with sexual conduct with a minor. In this high profile case, his wife was sentenced to over a decade in prison, and his daughter received probation with jail time. Investigators attempted to go after Mr. B. to show that he somehow tried to “hinder” their prosecution of his now ex-wife and daughter. We were able to shut down the investigation, exposing it as a political stunt, and no charges were brought against Mr. B.

February 19, 2014
Posted on Author By dmcantor Categories 100F False Reporting Victories, 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. N (DMC No. 10405)

HIT and RUN NOT CHARGED/FALSE REPORTING REDUCED to SPEEDING TICKET – State v. Mr. N. (DMC No. 10405) (Scottsdale City Court TR2011-015309): Mr. N. was at a red light when he began backing up and bumped into another car. The lady in the other car yelled something at him, and then he left the scene. When police contacted Mr. N., he had broken English (because he was from India) and he stated he was not the operator of the car. When the eventual facts came out, we were able to convince the Detectives not to charge him with ‘Hit and Run”. However, he was charged with “False Reporting”. We were able to convince the Prosecutor to reduce that down to a simple “speeding” ticket (failure to control speed to avoid a collision), with a small fine. Mr. N. has no criminal conviction on his record.

February 19, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 79B Endangerment Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 6312)

NOT CHARGED | FELONY ENDANGERMENT – State v. Mr. B. (DMC No. 6312) (Glendale Police Department DR04-065913): Mr. B. was the driver of a vehicle that contained four young men. The back seat passengers had brought fireworks from home and were shooting “river rockets” out of the back seat. One of them set off other fireworks in the car, and the entire car burst into flames. Two of the people had to be air evac to the hospital for severe burns. Mr. B. was being investigated for “Endangerment”, and after an extensive Discovery process, we convinced the Detectives that no charges should be brought against Mr. B. specifically.

February 19, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 76-78 Misconduct Involving a Weapon Victories, 78 Misconduct Involving a Weapon Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. D. (DMC No. 6369)

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.

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