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July 2, 2015
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 93 Arson Victories, 97 Property Crime Jury / Bench Trial Victories, Case Victories

State v. Mr. T (DMC No. 7572)

ARSON, RECKLESS BURNING and CRIMINAL DAMAGE DISMISSED – State v. Mr. T (DMC No. 7572) (Maricopa County Juvenile Court JV-857561): Mr. T was a 15 year old boy who had previously been charged with Arson, but after completing safety classes the charges were dismissed. On the newest incident, police were called to his home when a fire had started in his bedroom. He was also questioned and made partial admissions to two vehicles being lit on fire in the neighborhood. He ultimately admitted that he had a problem with fire, and he was charged in the Juvenile Court system. Because there were issues with his questioning without his parents being present and not being read his Juvenile Miranda Rights, we were able to negotiate a Diversion Dismissal Agreement which allowed Mr. T to do Probation while he was taking classes and receiving counseling. Ultimately, he successfully completed counseling and he has no convictions on his record.

July 2, 2015
Posted on Author By dmcantor Categories 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 47Q Trafficking in Stolen Goods Victories, 700 Property Crime Victories, 94 Burglary Victories, Case Victories

State v. Mr. D (DMC No. 9012)

TRAFFICKING AND STOLEN PROPERTY ($67,800), THEFT OF MEANS OF TRANSPORTATION and BURGLARY ALL REDUCED to PROBATION with 6 MONTHS DEFERRED JAIL – State v. Mr. D (DMC No. 9012) (Maricopa County Superior Court CR2009-119368): Mr. D had stolen a trailer along with various all-terrain vehicles from his former landlord. He then painted the trailer and removed the VIN numbers on the vehicles before putting them on Craigslist for sale. The vehicles and trailers were ultimately purchased, and then it was discovered they were stolen during the titling process. Mr. D was contacted by police and arrested. His wife admitted to Mr. D’s crimes, and also the police pulled up video surveillance from a local U-Haul storage facility showing Mr. D with the trailer and vehicles. Although the original Victim and State Farm Insurance company sought prison time, we were able to convince the Judge to give Mr. A 6 months of “Deferred” jail which was later Deleted after he had paid back full restitution. Mr. D originally was looking at years in prison.

May 29, 2014
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 92 Criminal Damage Pre-Charge Victories, Case Victories

State v. Ms. M. (DMC No. 11833)

NOT CHARGED | FELONY CRIMINAL DAMAGE – State v. Ms. M. (DMC No. 11833) (Phoenix Police Department DR2011-00124531): Ms. M. had been to a party with her boyfriend and some of his friends when an argument ensued.  She had left the party, and then her boyfriend and his friends found damage to their vehicles.  They assumed she damaged the cars so police were called.  We were able to negotiate a civil compromise in which the damage was paid for.  The victims’ no longer desired to prosecution, however the Detectives still routed the case to the County Attorney’s Office for potential charging.  We were able to convince the Maricopa County Attorney’s Office to not file charges.

May 29, 2014
Posted on Author By dmcantor Categories 700 Property Crime Victories, 93 Arson Victories, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Ms. P (DMC No. 11846)

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. P. (DMC No. 11846) (Tempe City Court 13-008832): Police received a call that some trash was burning in a trash can in the bathroom of the Tailgate Sports Bar on Broadway Road in Tempe.  One of the bartenders indicated that she thought it was Ms. P. that set the fire.  Officer’s pulled Ms. P. over with her boyfriend down the road and then they arrested him for a DUI.

We were able to have that DUI dismissed due to the officer being untruthful (he was eventually terminated).  After he was fired, Ms. P. was then charged (many months later).  We were able to argue that this was a potentially vindictive prosecution, along with the filing of a “Corpus Delicti” Motion, and the entire case was dismissed.

May 29, 2014
Posted on Author By dmcantor Categories 700 Property Crime Victories, 95 Trespass Victories, Case Victories, Yarnell Justice Court Victories

State v. Mr. A (DMC No. 6688)

DISMISSED | TRESPASS – State v. Mr. A. (DMC No. 6688) (Yarnell Justice Court CR061484): Mr. A. and his friend were prospecting on the Bureau of Land Management land as part of the 24K Gold Prospectors Club.  The club owns mineral rights to that land.  Mr. A. and his friend were stopped by another gentleman who fired a gun in the air and held them until police arrived to the site. The other man was also cited for Disorderly Conduct with a gun.  When we explained the situation to the Prosecutor, they agreed to dismiss all charges against Mr. A. in the interest of justice.

May 29, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 97 Property Crime Jury / Bench Trial Victories, Case Victories, Gilbert City Court / Gilbert Municipal Court Victories

State v. Mr. B. (DMC No. 7490)

PARTIAL ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Mr. B. (DMC No. 7490) (Gilbert City Court 07-CR-247MI): Mr. B. had gotten into an argument with his girlfriend when a struggle ensued.  Police were called and he was ultimately charged with Criminal Damage for allegedly punching a hole in a bathroom wall.  He was also charged with Assault and Disorderly Conduct.  At trial we were able to prove that he had not caused the damage to the bathroom wall, and he was found “not guilty” of Criminal Damage.

 

April 28, 2014
Posted on Author By dmcantor Categories 700 Property Crime Victories, 93 Arson Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Ms. A (DMC No. 7560)

DISMISSED | ARSON/RECKLESS BURNING – State v. Ms. A. (DMC No. 7560) (Phoenix City Court 3684834): Ms. A. had been in an argument with her boyfriend at a BBQ, and when she left she set a box on fire in the driveway.  When police found her parked on the street, they noticed smoke inside of her vehicle.  They saw she had a burning pan of charcoal in the backseat, along with a container of lighter fluid.

She had told police that she had merely wanted to “get her boyfriend’s attention”.  She was originally going to be charged with Arson, however we were able to convince the Prosecutor to charge it merely as a misdemeanor “Reckless Burning”.  We then negotiated a “misdemeanor compromise”, and the State agreed to dismiss all charges.  Ms. A. was originally facing a felony with potential prison time.

March 18, 2014
Posted on Author By dmcantor Categories 16 Miscellaneous Vehicular Crimes Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 44 Theft Dismissals, 700 Property Crime Victories, 94 Burglary Victories, Case Victories, Justice Court Victories, Maricopa / Stanfield Justice Court Victories

State v. Mr. K. (DMC No. 7870)

DISMISSED | POSSESSION of BURGLARY TOOLS/THEFT and FICTITIOUS PLATE – State v. Mr. K. (DMC No. 7870) (Maricopa/Stanfield Justice Court TR07-369): Mr. K. had been diagnosed with Asperger’s, and had become obsessed with concept of being a cat burglar. He was pulled over for having a fictitious license plate, and burglary tools and guns were found in his vehicle. When he relayed to the officer his fascination with the theory of being a cat burglar, he was charged with having a fictitious plate, a stolen gun and possession of burglary tools. We were able to present medical evidence to the County Attorney regarding Mr. K.’s mental impairment, plus they were not complying with the proper Discovery requirements, and they dismissed all charges against Mr. K.

March 18, 2014
Posted on Author By dmcantor Categories 100F False Reporting Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, 700 Property Crime Victories, 76 Misconduct Involving a Weapon Dismissed, 76-78 Misconduct Involving a Weapon Victories, Case Victories, Justice Court Victories, Maricopa / Stanfield Justice Court Victories

State v. Mr. F (DMC No. 7859)

DISMISSED | FALSE REPORTING/DISORDERLY CONDUCT and MISCONDUCT with a WEAPON (gun) – State v. Mr. F. (DMC No. 7859) (Maricopa/Stanfield Justice Court CR08-408): Mr. F. has previously been in an argument with his neighbor, when he went into the garage in order to clean his guns. The neighbor called Mr. F. over to talk about the previous incident. Mr. F. came over with a gun strapped to his back and one sticking out of his pocket. The neighbor said he felt uncomfortable, and Mr. F. put the rifle back in his garage but left the gun in his pocket. The police pulled up (because the neighbor’s wife mistakenly had called them thinking there was a problem) and Mr. F. put the gun in the bed of his pickup truck. When questioned about having a gun “on him” Mr. F. said that he did not. The officers then arrested him for False Reporting (because the gun was near him in the bed of the truck), Disorderly Conduct Dangerous and Misconduct With a Weapon. We were able to show the real story to the Prosecutor, and they agreed to dismiss all charges in exchange for 24 hours of community service. Mr. F. was originally looking at a minimum of 1 ½ years in prison if convicted.

February 19, 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, 15 Vehicular Aggravated Assault Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 500 Assault / Violent Crime Victories, 56 Felony Aggravated Assault Pre-Charge Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 92 Criminal Damage Pre-Charge Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 5654)

NOT CHARGED | VEHICULAR AGGRAVATED ASSAULT (dangerous)/CRIMINAL DAMAGE – State v. Ms. M. (DMC No. 5654) (Maricopa County Booking P018038/Goodyear Police Department DR2004-00006748): Ms. M. was an 18 year old female who had psychiatric problems, and she was arguing with her mother and brother. She was taking anti-depressants, and had recently lowered the dose just before the incident. She was threatening to kill herself with a knife and the police were called. As she was leaving in her car, her mother got behind the vehicle and was struck. When the police arrived, they saw various items broken inside the house and they charged Ms. M. with “Criminal Damage” and “Vehicular Aggravated Assault” (dangerous). She was arrested and was facing 5 to 15 years on the Aggravated Assault charge alone. We were able to intervene with Prosecutor and convince them to not move forward with the charges. Ms. M. has no convictions on her record.

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