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November 16, 2011
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 12A Hit & Run Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 7092)

NOT CHARGED | HIT & RUN –  (DMC No. 7092) (City of Phoenix): Mr. S. was involved in an accident with some parked cars in his apartment complex’s parking garage. He subsequently parked his car and was walking to his apartment when a security guard came up and questioned him. Mr. S. claimed that somebody else was driving the vehicle and had left. Later he was contacted by police and he initially lied. He subsequently admitted to being the driver. We contacted police and provided his insurance information. A decision was made by the City of Phoenix Prosecutor not to press charges.

November 16, 2011
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. W (DMC No. 7088)

NOT CHARGED | FELONY AGGRAVATED DUI (DMC No. 7088) (Chandler Police Department): Mr. W. had 3 prior DUI’s, including a prior felony DUI in which he had spent a year in prison. He was pulled over for allegedly turning wide and not having his taillights on. He admitted to drinking and was given Field Sobriety Tests, which he performed very well. He subsequently had his blood drawn, which came back below the legal limit. Although Mr. W. was facing 3 to 6 years in prison, we were able to convince the prosecutors that they had no chance at beating us at trial, and they chose not to charge Mr. W. with Aggravated DUI.

November 16, 2011
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. Ms. R (DMC No. 3787)

NOT CHARGED | FELONY AGGRAVATED DUI (Prescription Drugs) (DMC No. 3787) (Glendale Police Department): Ms. R. was driving when she was involved in a rear-end collision and knocked unconscious. Her children were in the vehicle with her and were under 15 years of age, which made this an Aggravated (felony) DUI. The police determined that she was under the influence of prescription drugs, and they attempted to get her to sign a consent form for them to draw her blood. She would not do so. The hospital drew blood for medical purposes, and gave a vial to the police at the officer’s request. Due to potential issues with the manner in which the police obtained her blood sample, the prosecutor chose not to file charges.

November 16, 2011
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. C (DMC No. 4245)

NOT CHARGED | FELONY AGGRAVATED DUI (DMC No. 4245) (San Marcos Justice Court): Mr. C. had a prior DUI approximately 4 years prior to being stopped for this DUI. He failed to appear in Court and a warrant was issued for his arrest, which had suspended his driver’s license. When he was pulled over for this DUI, it became designated as an Aggravated (felony) DUI due to his license suspension. He told the officers he’d only had 3 beers, and they drew his blood. Because of his body weight and the amount of alcohol he’d consumed, we were able to inform the prosecutor that his BAC would be below the legal limit. In addition, we had a good argument as to whether he knew that his license was suspended. Based on this, the Maricopa County Attorney’s Office choose to dismiss the case and not submit it for felony charges. This saved Mr. C. from facing 4 months in prison.

November 16, 2011
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. A. (DMC No. 3954)

NOT CHARGED | FELONY AGGRAVATED DUI – State v. Mr. A. (DMC No. 3954) (Phoenix Police Department): Mr. A. was stopped for an alleged traffic violation and officers indicated that his license was revoked because of a prior DUI. Blood was drawn, which eventually revealed a .090% BAC. Mr. A. was subsequently cited for Aggravated (felony) DUI and was facing 4 months in prison. We were able to convince the prosecutor that Mr. A. had a valid Arizona license because he obtained it after he left the state of New Mexico without knowledge that his New Mexico license had been revoked. We convince the prosecutor not to bring any charges against Mr. A.

August 29, 2011
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300B Dismissed at Bench Trial, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 95 Trespass Victories, 97 Property Crime Jury / Bench Trial Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. L (DMC No.’s 10123 & 10124)

DISMISSED AT BENCH TRIAL | DISORDERLY CONDUCT/TRESPASS – State vs. Mr. L. (DMC No.’s 10123 & 10124) (Mesa City Court No. 2011-023078 & 2011-023076): Mr. L. was drinking at a strip club when he began thinking about an old girlfriend that lived in the neighborhood.  He tried to find his old girlfriends house and went knocking at the doors of several residences at approximately 4:00 in the morning.  Due to his intoxicated state, the police were called and Mr. L. was charged with Trespassing/Disorderly Conduct at two separate locations.  On the date of the Bench Trial, we reviewed all evidence with the prosecutor and they agreed to Dismiss all charges.

June 22, 2011
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 37A Prostitution / Solicitation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C. (DMC No. 10243)

NOT CHARGED | SOLICITATION OF PROSTITUTION – State v. Mr. C. (DMC No. 10243) (Phoenix PD Investigated): Mr. C. was flagged down by an undercover female Police Officer posing as a prostitute.  When she met with him, she was wired to record everything.  She was the first one to mention a sex act and money.  After Mr. C. agreed, Officers pulled him over, arrested him and impound his car.  Even though he had been cited, we became involved and got his car back quickly.  In addition, we contacted the City of Phoenix Prosecutors Office and pointed out the flaws in their case regarding potential entrapment (per their charging policy, the defendant is always to mention the sex and money first).  They agreed, and did not follow through with charging Mr. C.  They routed it back for further investigation, however the 1 year statute of limitations ran and no charges were ever brought against Mr. C.

May 29, 2011
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 95 Trespass Victories, Case Victories

State vs. Mr. M (DMC No. 10019)

NOT CHARGED | TRESPASSING – State vs. Mr. M. (DMC No. 10019): Mr. M. was at the Talking Stick Casino with a friend, and both had been drinking heavily.  Mr. M. was shoved out of an elevator, just prior to his friend going down to the casino.  When he caught up with his friend, they engaged in a verbal argument.  Casino staff were called and asked Mr. M. to leave, and he refused.  He was eventually arrested by Salt River PD and charged with trespass.  We were able to convince the prosecutor that he was merely upset and exercising his right to free speech and that this case should not be charged.  They agreed and no charges were re-filed.

May 27, 2011
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 100M Tampering with Evidence Victories, 114 Theft and Fraud Pre-Charge Victories, 116 Drug Crime Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 46 Theft Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State vs. Mr. E (DMC No. 9991)

NOT CHARGED | THEFT / COUNTERFEIT APPAREL & DESTRUCTION OF EVIDENCE – State vs. Mr. E. (DMC No. 9991) (Phoenix Police Department No. 2008-81008727): Mr. E. worked for a mobile storage company.  A particular unit was rented by the NFL to store counterfeit merchandise during the January Superbowl at Cardinal’s stadium.  Approximately 5 months later, they were not receiving anymore bills for the mobile unit due to the fact that it had been re-rented by somebody else.  Allegations were made that counterfeit items were taken out of the mobile unit by employees before the unit was re-rented.  Mr. E. was being accused of Theft, Possession of Counterfeit Merchandise and Destruction of Evidence.  He hired us; we were able to convince the FBI, Department of Homeland Security and Phoenix Police that there was not enough evidence to move forward against Mr. E.  No charges were brought.

March 29, 2011
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State vs. Mr. R (DMC No. 10012)

NOT CHARGED | SEXUAL ASSAULT State vs. Mr. R. (DMC No. 10012) (Tempe Police Department): Mr. R. was a college student at ASU who had had an  on-again off-again relationship with a young lady.  Both were now dating other people when he had got a call from her asking that he come over to her apartment.  When he arrived there, she had been drinking and she proceeded to tell him that his new girlfriend was a liar and was not actually a virgin.  She then stated “I miss you” and they both engaged in consensual sex.  She then got angry and told him “I’m not going to be girl number 2 anymore” and threw him out of her room.  Her boyfriend found out about the incident, and convinced her to go to the police the next day.  We were not only able to convince the police department to not file charges, we were also able to convince ASU’s Administrative Hearing Board to “exceptionally clear” the charges, thus allowing Mr. R. to remain a student at ASU.

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