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January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 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. S (DMC No. 10209)

NOT CHARGED | SEXUAL CONDUCT WITH MINOR (DCAC) – State v. Mr. S. (DMC No. 10209) (Phoenix PD Investigated):  Mr. S. was over 18 and began a relationship with a girl who claimed to be 18 years old on Craig’s List.  They met multiple times, and she sent multiple text to him stating she was 18.  In actuality, the girl was 16, and her mother found out about the relationship.  Police investigated and we provided information that this girl had been holding herself out as 18 to Mr. S.  Because of a defense that exists by statute for alleged victims who are 15, 16, or 17 who hold themselves out as 18 or above, we were able to convince the Detective not to file charges.

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 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. & Mrs. W (DMC No. 10211 & 10212)

NOT CHARGED | SEXUAL CONDUCT WITH A MINOR (DCAC) NOT CHARGED – State v. Mr. & Mrs. W.  (DMC No. 10211 & 10212) (Phoenix Police Investigated): Mr. & Mrs. W. were Jehovah’s Witnesses who raised 5 kids in a very strict environment.  The older children had become adults and moved away and harbored ill feelings towards Mr. & Mrs. W.  One child was in high school and was still living in the household.  After meeting with the older siblings, they created a “repressed memory” scenario with counselors in which they alleged they had been all ritualistically molested since childhood.  CPS removed the daughter and she moved in with the sisters and enjoyed new freedom.  Mr. & Mrs. W. consensually went in and spoke with Detectives, and we had them take a polygraph (in which they passed).  We then submitted everything to the Detectives and Prosecutors.  No charges were ever filed.

January 10, 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. A (DMC No. 6735)

 NOT CHARGED | SEXUAL CONDUCT WITH A MINOR (DCAC) | State v. Mr. A. (DMC No. 6735) (Glendale PD Investigated): Mr. A.’s step-daughter had a history of mental illness and drug abuse.  She had previously accused her grandfather of molesting her, and he was tried and convicted.  She now accused Mr. A. of doing the same thing, and Mr. A.’s wife threw him out of the house and began divorce proceedings.  We became involved and were able to shut down the investigation by showing this was a ploy to gain leverage in the child custody proceedings.   Mr. A. also had an 8 year old and a 2 year old child with his wife that they were now fighting over.  Because the allegations involved sexual conduct over the course of a 6 year period while the alleged victim was a minor, Mr. A. had originally been facing a potential of life in prison.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 10395)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (.119 BAC) NOT CHARGED – State v. Mr. B. (DMC No. 10395) (DPS investigated): Mr. B. was originally in a bad DUI accident in which his breath alcohol was a .119.  The other person who was injured went to the hospital and subsequently filed a civil law suit.  During the course of the law suit, the victim’s attorney contacted us and had stated that the victim had undergone 6 surgeries and almost lost his arm.  Due to the nature of the injuries, we became involved in order to ensure the that County Attorney’s Office would not pick up the case and file AGGRAVATED ASSAULT charges, which would expose Mr. B. to 5 to 15 years of prison.  We were ultimately successful in keeping the case a civil matter, and no charges were brought against Mr. B.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 13-15 Vehicular Aggravated Assault Victories, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, City Court Victories, Scottsdale City Court Victories

State v. Mr. Z (DMC No. 10718)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT – State v. Mr. Z. (DMC No. 10718) (Scottsdale PD investigated): Mr. Z. was at a Christmas party, when another individual noticed Mr. Z.’s BMW M3.  That other individual asked to go for a ride in the vehicle, and they both left.  Each of them took turns driving the car, and both had been drinking.  Subsequently, the vehicle was involved in a wreck in which both parties were knocked unconscious and went to the hospital and had no memory of who was driving.  Eventually, the other party claimed Mr. Z. was driving and filed a law suit in order to collect insurance money.  We were able to convince the police that they could not accurately place Mr. Z. behind the wheel, and no charges were brought.  He was originally facing 5 to 15 years in prison.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 54 Felony Aggravated Assault Dismissals, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V (DMC No. 10336)

DISMISSED/NOT CHARGED | AGGRAVATED ASSAULT WITH GUN DISMISSED/HIT AND RUN NOT CHARGED – State v. Mr. V. (DMC No. 10336) (Maricopa County Superior Court CA2009-055168): Mr. V. was driving in Cave Creek when he and another vehicle side swiped each other.  They both pulled into a Bashas’ parking lot when the other driver ran up to Mr. V.’s window in an excited and angry manner.  Mr. V. had a gun in a holster, which he kept for his protection, and he displayed this weapon to the other driver.  The other driver ran away, got in his car, left and called police.  We were able to convince the police that there was no hit and run as the other driver had left, and we also explained to the prosecutor that Mr. V. was justified in displaying his weapon. Even though he had been charged with AGGRAVATED ASSAULT with a gun and was facing 5 to 15 years in prison, all charges were dismissed.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H (DMC No. 9800)

NOT CHARGED | HIT AND RUN – State v. Mr. H. (DMC No. 9800) (Phoenix PD investigated): Mr. H. was at a stop when he began to make a right hand turn.  A pedestrian started to walk in front of the vehicle and slapped the hood of Mr. H.’s car, and began to cuss at him.  Mr. H. drove away, and the pedestrian flagged down an officer claiming hit and run.  Through his license plate number, Mr. H.’s mother was contacted and insurance information was obtained.  We would not allow the Detective to speak to Mr. H., and due to issues with witness availability in regards to a photo lineup, no charges were ever brought.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. V (DMC No. 10167)

NOT CHARGED | HIT AND RUN – State v. Mr. V. (DMC No. 10167) (Phoenix PD investigated): Mr. V. had been driving home at night and had struck a light pole.  Phoenix PD investigated, and we determined that they could not place Mr. V. behind the wheel as a driver without speaking directly to him.  Because we were his attorney’s, we prevented them speaking with him.  Therefore, no charges no could be brought.

January 10, 2014
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. D (DMC No. 10234)

NOT CHARGED | HIT AND RUN – State v. Mr. D. (DMC No. 10234) (Glendale PD investigated): Mr. D. was stopped at a bus stop picking up a male passenger.  When he exited rapidly, he struck another car that was marking a right turn into a parking lot.  A Detective for Glendale PD left a message for Mr. D., and we got involved on his behalf.  Because the Detective could not interview Mr. D., charges could not be wrought for hit and run.  However, insurance information was exchanged which allowed the other driver to get his car fixed.

January 8, 2014
Posted on Author By dmcantor Categories 10 Felony Aggravated DUI Pre-Charge Victories, 111 Felony Aggravated DUI Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S. (DMC No. 4116)

NOT CHARGED | FELONY AGGRAVATED DUI (.186 & .161) (DMC No. 4116) (Salt River Police Department): Mr. S. was at a drive-in movie theater on the Salt River Indian Reservation, and had been stopped as he was leaving the property after an individual reported that he had thrown a beer bottle out of his car while he was driving. Upon contact with police, he admitted to drinking and performed Field Sobriety Tests. He ultimately provided 2 breath tests (.186 and .161) that were not within 0.20% of each other as required by statute. He also had 3 children in the car who were under 15 years of age, which made this case a felony. Due to the fact that we were able to convince the prosecutor that the breath test results would be suppressed, a decision was made that no charges would be filed.

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