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February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 2000 Juvenile Court Victories, 500 Assault / Violent Crime Victories, 69-70A Robbery Victories, 70A Robbery Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 5213)

NOT CHARGED | ARMED ROBBERY with a GUN (dangerous) NOT CHARGED – State v. Mr. G. (DMC No. 5213) (Mesa Police Department DR2003-1530876): Mr. G. was a 15 year old juvenile who was accused with a group of males of going into a convenience mart and stealing beer at gunpoint.  The owner of the convenience mart, a Vietnamese gentleman, ran outside and began firing his weapon at the vehicle as it was leaving.  Through our investigation, we were able to convince the cops that there was no weapon displayed by any of the young males, and the owner was the only one that possessed a weapon.  Mr. G. was not charged with any crimes and the owner of the convenience store was investigated for excessive use of force and potential aggravated assault dangerous.

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 53 Assault/Domestic Violence Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 6765)

NOT CHARGED | ASSAULT – State v. Mr. B. (DMC No. 6765) (Tempe Police Department DR06-107539): Mr. B. had had a tumultuous relationship with his girlfriend.  She had begun drinking and began checking his cell phone, and discovered text messages from other girls.  She became upset, and attacked him while he was sleeping.  A struggle ensued, and he threw her off the bed. The next day, his girlfriend confronted him at a restaurant, and began arguing with him again.  She then left and called police, claiming that he had assaulted her the night before.  We were able to show the police that he acted in self defense, and no charges were filed.  She later filed an Order of Protection, and after a Hearing, the Judge determined she was not credible and we were able to have that Order of Protection also dismissed.

 

 

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 53 Assault/Domestic Violence Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 5492)

NOT CHARGED | ASSAULT – State v. Mr. S. (DMC No. 5492) (Scottsdale Police Department DR04-21889): Mr. S. and his wife were not getting along, and were headed towards divorce.  Mr. S.’s wife had been drinking all day, and she attempted to strike Mr. S.  He defended himself and held her down.  She was not injured, went to sleep, and then called the police the next day.  We were able to explain the whole situation to the police that this was a potential scheme being utilized by Ms. S. in the upcoming divorce.  No charges were ever brought against Mr. S.

February 11, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 704)

NOT CHARGED | AGGRAVATED ASSAULT with GUN (dangerous) – State v. Mr. R. (DMC No. 704) (Phoenix Police Department DR2008-1567021): Mr. R. was driving with his young daughter when another driver engaged him in a road rage.  They began to argue and once the cars stopped at a light, the other individual got out and started to approach the daughter’s side of the vehicle.  Mr. R. retrieved his gun from a fanny pack while it was still in a holster, held it up to display it (without pointing it at the other person), and the other person then turned and left.  The alleged victim called police and claimed that the gun was pointed directly at him and that Mr. R. had initiated the confrontation.  Through interviews with various witnesses, we were able to convince the police and prosecutors to not file charges.  Mr. R. was originally facing 5 to 15 years in prison.

 

February 9, 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. P. (DMC No. 10319)

NOT CHARGED | EXTREME DUI (.198 BAC) – State v. Mr. P. (DMC No. 10319) (White Tank Justice Court/DPS DR2010-058204):  Mr. P. was pulled over by DPS Officer on Glendale Avenue & 116th Avenue.  He was accused of travelling 70 MPH in a 45 MPH zone.  He was ultimately stopped and given field sobriety tests.  His breath test revealed .198 blood alcohol, and he was booked into jail. Due to discovery issues, the case was delayed beyond the statute of limitations and no charges were brought.

February 8, 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. A. (DMC No. 6763)

NOT CHARGED | EXTREME DUI (.181 BAC) – State v. Mr. A. (DMC No. 6763) (Mesa Police Department DR20052590417): Mr. A. was 81 years old and had been struck in the rear of his vehicle by another vehicle.  A police investigation ensued in which they gave him field sobriety tests in violation of the police policy regarding age.  Although Mr. A. had a blood alcohol content of .181, he was on multiple medications and had multiple health issues.  After we contacted the Court and Prosecutor, they decided not to proceed with actually charging Mr. A.

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 4, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No. 4401)

NOT CHARGED | CHILD PORNOGRAPHY – State v. Mr. W. (DMC No. 4401) (Chandler Police Department Investigated): The police were monitoring various computer file sharing sites when they came across Mr. W.’s activities.  He had been accused of downloading numerous still images and video clips of child pornography.  When they made contact with him, they took his computer and interviewed him extensively.  Due to witness issues which developed during the case, no charges were ever brought against Mr. W. He was originally facing a minimum of 10 years in prison per image (over 1,000 years!).

 

February 4, 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. B. (DMC No. 6019)

NOT CHARGED | DUI (.143 BAC) – State v. Mr. B. (DMC No. 6019) (West Mesa Justice Court/Salt River Indian Reservation DR04-12460): Mr. B. was accused of swerving while driving south bound on the Loop 101 near McDowell Road.  Mr. B. gave the eye test, then the officer requested more tests.  Mr. B. refused, and stated he wanted to talk to his lawyer.  Ultimately, blood was drawn, and a .143 reading was obtained.  We were able to delay the case until the statue of limitations ran, and no charges were brought.

February 4, 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. L. (DMC No. 3829)

NOT CHARGED | DUI (.140 BAC) (DMC No. 3829): Mr. L. was involved in an accident and taken to the hospital where blood was drawn and given to the police as evidence. The hospital records showed that the BAC was .140%. Mr. L. denied drinking to the police officers, and stated that he had just returned from a 2-week trip in Asia and was “jet lagged,” causing him to fall asleep at the off-ramp when he had his accident. Due to the delay in obtaining his blood test results and bringing forth the case, we were able to keep the prosecutor’s office from filing charges due to speedy trial right violations.

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