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February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 6046)

REDUCED | 3 COUNTS of AGGRAVATED ASSAULT/1 COUNT of CRIMINAL DAMAGE and 1 COUNT DISORDERLY CONDUCT (dangerous) REDUCED to class 6 open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Ms. H. (DMC No. 6046) (Maricopa County Superior Court CR2005-136932): Ms. H. had become involved in an argument with her boyfriend, when she left and went to a bar to drink. When she came back, she was speeding through the neighborhood and sped into the driveway and smashed into the back of her boyfriend’s car. He was present and had to run into the garage to avoid being struck. When police arrived, Ms. H. fought with 3 officers while being taken into custody. We were able to show through mitigation that Ms. H. had an alcohol issue, and that her boyfriend did not wish to be a “victim”. The Prosecutor extended a probation offer, and then we convinced the Judge to impose zero days in jail. The case was later moved to a misdemeanor at the completion of probation. Ms. H. has no felony on her record.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 5625)

REDUCED | 3 COUNTS of AGGRAVATED ASSAULT with a GUN, KNIFE and CAR (dangerous)/CRIMINAL DAMAGE REDUCED to PROBATION with 6 MONTHS in JAIL – State v. Mr. R. (DMC No. 5625) (Maricopa County Superior Court CR2005-100113): Mr. R. came to a Circle K where he ran into the alleged victim that he had been having problems with for the past 8 years. As they got into the argument, Mr. R. pulled out a knife and threatened the alleged victim. He then got back into his car and the victim’s girlfriend got out and began banging on Mr. R.’s car. When Mr. R. left, he ended up sideswiping the alleged victim’s car. When they chased after him, they spun him around in his car and blew both of his tires. Mr. R. then jumped out of his vehicle with a gun and stated “I will kill you both”. Mr. R. was subsequently charged with Aggravated Assault Dangerous with a knife, car and gun. He was also charged with felony “Criminal Damage”. We were able to demonstrate self-defense, and have the case reduced down to a single count of Aggravated Assault with probation and 6 months in jail. Mr. R. was originally facing 5 to 15 years in prison on each Aggravated Assault count.

February 19, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 700 Property Crime Victories, 94 Burglary Victories, Apache County Superior Court Victories, Case Victories

State v. Mr. C (DMC No. 10665)

DISMISSED | ATTEMPTED SEX ASSAULT/BURGLARY – State v. Mr. C. (DMC No. 10665) (Apache County Superior Court CR2011-0228): Mr. C. had a prior sexual relationship with the alleged victim in the past.  He had now started a relationship with one of her girlfriends who was currently pregnant.   Mr. C. and the alleged victim had been out earlier in the night, drinking and partying, before she went home.  He texted and called her, and then showed up at her house and let himself in.  She claimed that he attempted to sexually assault her, and she had fought him off and then he left.  During a recorded “confrontation call”, in which the alleged victim called Mr. C., he denied that he was ever aggressive with her.  He also had stated that she invited him over.  We were able to produce evidence that she had made false allegations in the past, and all charges were dismissed.

 

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 700 Property Crime Victories, 79J Harassment Victories, 95 Trespass Victories, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. B (DMC No. 10186)

DISMISSED | TRESPASS/HARASSMENT – State v. Mr. B. (DMC No. 10186) (Phoenix City Court 4358013): Mr. B. went to his ex girlfriends house (she was also his ex employee) in order to speak with her.  The relationship had ended tumultuous, and she filed a lawsuit against Mr. B.  When police were called, she claimed that he had trespassed and had been harassing her.  Although he was arrested and charged, we were able to convince the Prosecutor to dismiss the harassment charge and allow Mr. B. to attend counseling in exchange for a dismissal of the trespass also pursuant to diversion.

February 11, 2014
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 500 Assault / Violent Crime Victories, 60 Felony Disorderly Conduct/Threats Dismissed, 60-62 Felony Disorderly Conduct/Threats Victories, 700 Property Crime Victories, 90 Criminal Damage Dismissals, Case Victories

State v. Mr. M (DMC No. 10163)

DISMISSED | DISORDERLY CONDUCT with a KNIFE (dangerous)/CRIMINAL DAMAGE DISMISSED – State v. Mr. M. (DMC No. 10163) (Maricopa County Juvenile Court JV556331): Mr. M. was prescribed medications for depression, and when he was told his mother would not take him to the pet store to buy him a snake, he went into a rage.  He broke tiles on the kitchen counter, and grabbed a knife and threatened those in his household.  We were able to produce medical records showing that Mr. M. had multiple mental health issues, and we put together a management plan regarding his strategies for managing anger.  Because of that, we convinced the Prosecutor to dismiss all charges. If Mr. M. were charged as an adult, he would have faced up to 3 years in prison.

February 11, 2014
Posted on Author By dmcantor Categories 1600 Probation Violation Victories, 500 Assault / Violent Crime Victories, 700 Property Crime Victories, 73-74A Resisting Arrest Victories, 74A Resisting Arrest Pre-Charge Victories, 95 Trespass Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 5022)

NOT CHARGED | RESISTING ARREST/TRESPASS while on PROBATION – State v. Mr. W. (DMC No. 5022) (Maricopa County Superior Court CR2003-007351): Mr. W. was accused of crashing his car into a neighbor’s house, then running through that house as he escaped.  Mr. W.’s mother stated the Mr. W. had been home the entire time.   In addition, the lady who owned the house stated that the person that ran through the house did not match Mr. W.’s description.  Mr. W. was arrested, the police claimed that after he denied all involvement and he resisted arrest.  We were able to convince the Prosecutor to dismiss all charges, as well as convince the probation office not to file a petition to revoke.  Mr. W. would have been facing over 3 years in prison if charged and convicted.

February 11, 2014
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 200 DUI / Vehicular Crime Victories, 2000 Juvenile Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, Case Victories

State v. Mr. G (DMC No. 5083)

REDUCED | VEHICULAR AGGRAVATED ASSAULT/FELONY CRIMINAL DAMAGE REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. G. (DMC No. 5083) (Maricopa County Juvenile Court JV-162395): Mr. G. had gotten into a vehicular altercation with a motorcycle (i.e. “road rage”), when Mr. G. took his vehicle and struck the motorcycle.  The motorcycle went down and was damaged, and then Mr. G. and the driver of the motorcycle became engaged in a physical fight.  Other drivers broke up the fight, and Mr. G. drove off.  We were able to have the case reduced to a misdemeanor criminal damage with probation and zero day’s jail.  Originally, Mr. G. was facing felony charges in adult court, which would have exposed him to 5 to 15 years in prison under the vehicular aggravated assault charge alone.

 

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, 700 Property Crime Victories, 95 Trespass Victories, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State v. Ms. B (DMC No. 5111)

DISMISSED | TRESPASS/ASSAULT – State v. Ms. B.  (DMC No. 5111) (Chandler City Court 04-C-2433841): Ms. B. had been in a dispute with her baby’s father over custody.  When she showed up at his apartment, she was asked to leave.  She then shoved him aside and kneed him in the groin in order to go inside and try to take her child.  Police were called, she was charged with trespass and assault.  We were able to have the case dismissed upon completion of classes per a “diversion” agreement.  This resulted in Ms. B. not being violated per her custody agreement with the Family Law Court.

 

January 28, 2014
Posted on Author By dmcantor Categories 117 Property Crime Pre-Charge Victories, 2000 Juvenile Court Victories, 700 Property Crime Victories, 900 Pre-Charge Case Victories, 94 Burglary Victories, Case Victories

State v. Mr. B (DMC No. 6766)

NOT CHARGED | BURGLARY – State v. Mr. B. (DMC No. 6766) (Pinal County Juvenile Court 0012061149): Mr. B. was 13 years old and was accused of going onto construction sites of houses under construction and breaking windows and pouring out grout.  Initially, the claimed damage was over $12,000.  We were able to demonstrate that the damages were not that high, and the Pinal County Attorney’s Office agreed to allow Mr. B. to enter into a diversion dismissal program.  No charges were ever brought against him.

 

January 28, 2014
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 700 Property Crime Victories, 90 Criminal Damage Dismissals, 97 Property Crime Jury / Bench Trial Victories, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Ms. K. (DMC No. 10723)

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | CRIMINAL DAMAGE – State v. Ms. K. (DMC No. 10723) (Mesa City Court 2012-004995): Ms. K. was accused of being in an argument with her boyfriend, and hitting him with a pillow and poking him with a finger in the forehead.  She stated she was going to burn his pillows, and the boyfriend said “fine, burn them, I don’t care”.  She did burn the pillows, and she was charged with criminal damage.  At trial, her boyfriend and a witness testified.  We also played the 911 tape, and the Judge found that there was no actual “criminal damage”.  Ms. K. was found not guilty of all charges.

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