State v. Mr. H (DMC No. 18021) – Felony Child Sex Trafficking, and Felony Sexual Conduct with a Minor – Reduced to Attempt and Probation (with 28 Days in Jail) – Maricopa County Superior Court (Case No. CR2022-138774)

Mr. H was on a website called Escort Alligator, where he saw an advertisement from “Ashley” who claimed she was 18 and looking for people to respond.  He sent her a text stating “Hey there, I’m down for car fun.”  She said “I want to let you know that I’m 16, some guys aren’t cool with that.  I’m just letting you know so you don’t think I tricked you.  You good?”  Mr. H responded, “You’re not a Cop or Law, just making sure,” and she said “I am still interested.”  It turned out the person he was speaking with was an Undercover Officer with the Phoenix Police Department who was conducting a Sting Operation.

Mr. H agreed to meet the alleged prostitute at Arizona Mills, and agreed to pay $100 and texted that she could “try giving him a blow job or sex.”  When Mr. H arrived at Arizona Mills, he was immediately Arrested by Police Officers.  At that time he had no cash on him, and had a movie prop fake $100 bill in his console.  He told the Police he was only there to make sure that “Ashley” was not “being Sex Trafficked and was not there against her will.”  He stated that if she was there against her will, he would have called the authorities.  He also pointed out that his $100 bill was clearly a fake movie prop.  He was then Arrested and Charged with Felony Child Sex Trafficking and Felony Sexual Conduct with a Minor.  It was at this time he secured the services of DM Cantor to Represent him.

At the Initial Appearance, we were able to show there was No Probable Cause for the Felony Sexual Conduct with a Minor allegation, and that Charge was Dropped.  However, he was still facing potentially two Decades in Prison for the Child Sex Trafficking Charge.

We were able to meet with the Prosecutors and show that Mr. H had a history of mental illness and PTSD.  This occurred because he, himself, was molested as a child.  We were able to show then that he was truly trying to “help a victim get out of that situation.”  Although the Prosecutors would not Dismiss the Charge, they ultimately offered a Reduced Plea of Attempt and Probation (with Only 28 Days in Jail).  If Mr. H had gone to Jury Trial and lost, he could have received up to 21 years in Prison.  Once he completes Probation, he will become a free man without any encumbrances.

State v. Mr. G (DMC No. 18091) – Felony Child Sex Trafficking, and Felony Luring a Minor for Sexual Exploitation – Reduced to Attempted Child Abuse and Probation (with 15 Days in Jail) – Maricopa County Superior Court (Case No. CR2022-132432).

Mr. G went on a website that requires people to be 18 years of age or older in order to participate.  This particular site was known to have prostitutes on it.  He responded to an ad that stated “Sexy, young and tight … Cum play” and “I’m young, tight and ready for you … cum play with me.”

Mr. G responded and said “hey are you available?”  Little did Mr. G know that this was a Sting Operation being run by the Surprise Police Department.  The person who responded was an Undercover Detective who later claimed to be 16 years of age.  While Mr. G was texting back and forth, the so-called prostitute stated she would do a “BJ for $50” and full sex for $100, respectively.  During the back and forth, Mr. G asked if the alleged prostitute was affiliated law enforcement, to which she responded “No, LOL, I am 16 … are you?”  He eventually responded “A hundred dollars is good with me.”  When he arrived on scene at the CVS where they were to meet, he called the fake prostitute and stated “I think I see cops, I’m leaving.”  It was at this time the Police pulled up and Arrested him.

When he was Arrested, they found a pack of condoms and $520 in cash.  During questioning, when asked if he knew she was 16, he said “I didn’t really believe her.”  After that, he was Charged with Felony Child Sex Trafficking and Felony Luring a Minor for Sexual Exploitation.  Both of these charges could carry a potential Maximum penalty of 36 years in Prison.  It was at this time he hired DM Cantor to Represent him.

We were able to show the Prosecutors that Mr. G truly did not believe he was talking to a 16-year-old.  We also informed them they would have a tough time proving otherwise at Jury Trial, which could leave him with only a Misdemeanor Prostitution Charge.  Ultimately, they agreed to offer Mr. G a Plea to Attempted Child Abuse and Probation, with Only 15 Days in Jail.  After successfully completing Probation, Mr. G is a free man without any encumbrances today.

State v. Mr. G (DMC No. 17887) – (2 Counts) Felony Child Sex Trafficking, and (1 Count) Felony Money Laundering – Reduced to Attempt and Probation (with Zero Days in Jail) – Maricopa County Superior Court (Case No. CR2021-140676)

Mr. G was on the website MegaPersonals.com.  This particular website requires users to be 21 years of age or older.  There was an advertisement that said “Bored Broke Bummed, Seeking only Men, Age 21,” and the name that came with it was “Maddie.”  This site was frequented by prostitutes.

When Mr. G contacted Maddie, Maddie then said she was 16 years old, and Mr. G stated he could not meet her “unless you can prove you’re not a cop” and asked for a “booty pick.”  Eventually, Maddie stated she has a friend, and says that they could both perform oral sex on Mr. G for 100 dollars each.  During this time, Mr. G asked for several photos, which later included pictures of females that clearly looked to be over 21 years of age.

He agreed to meet at a Zia Records, and Maddie stated that her and her friend were just getting out of school.  When he arrived at that location, the Police began texting him under the guise of being Maddie.  Mr. G texted stating “one of you has to grab my junk to prove you’re not cops.”  The Police then swooped in and Arrested Mr. G.  When he was arrested he only had $21 on his person.  He also told the Police that he was merely “thrill seeking” and was just texting without planning on going through with any sexual acts.

After he was Booked into Jail and charged with 2 Counts of Felony Child Sex Trafficking, and 1 Count of Felony Money Laundering, he then secured the services of DM Cantor to Defend him.  During the course of our defense, we were able to show the Prosecutor that he arrived with only $21 (far short of the $200 promised), and it was unrealistic that 2 prostitutes would not have sex with somebody for $10.50 each.  In addition, the photos that the Undercover Officers sent were clearly of females who were over 21 years of age.  Ultimately, we were able to convince the Prosecutor to Reduce all the Charges down to an Attempt and Probation, with Zero Days in Jail.  If Mr. G had been convicted of the original charges, he could have spent over 50 years in Prison.

State v. Mr. J (DMC No. 18092) – Felony Child Sex Trafficking, and Felony Luring a Minor for Sexual Exploitation – Reduced to Attempted Child Abuse and Probation (with Zero Days Additional in Jail) – Maricopa County Superior Court (Case No. CR2022-131984)

Mr. J was on the website MegaPersonal.com, which at that time required people to be 18 years or older on their site.  Due to all of the commercial sex problems on the website, they have now raised that age to requiring people to be over 21 in order to use their site.  Mr. J came across an ad that was titled “Your girls home alone … who wants to play.”  Unbeknownst to Mr. J, this was an Undercover Surprise Police Detective conducting a Sting Operation and posing as a 15-year-old girl.

While he was talking to what he presumed to be a prostitute, he was texted the message “I can’t have trouble, either, being 15.”  He then asked her how old she was and she said “I just told you, 15, LOL.”  Mr. J agreed to engage in sex acts for $100, and when he arrived at the location he was immediately Arrested by the Detectives.  At that time, it was discovered he had no money on him.  He was then Charged with Felony Child Sex Trafficking and Felony Luring a Minor for Sexual Exploitation.  It was at this time he contacted DM Cantor to Represent him.

Because these two charges combined carry a Maximum of 36 years in Prison, it was important that we prove that Mr. J had no intent of following through with any prostitution activities.  When we met with the Prosecutor, we were able to show them that upon hearing that the prostitute was 15, he specifically asked to meet at a bar to have a drink.  This indicated that he did not believe that the person he was texting with was actually under 21 years of age.  In addition, he arrived with no money in his pocket, which is indicative that he did not intend on paying for sex.  Although he did have credit cards (which would pay for drinks at a bar), he would never use a payment method which would leave a paper trail involving Prostitution.  Ultimately, the Prosecutor agreed that they would have a difficult time at Jury Trial, and they offered a Plea Agreement to Attempted Child Abuse and Probation, with Zero Days in Jail.

State v. Mr. A (DMC No. 16790) – (2 Counts) Felony Child Sex Trafficking (Dangerous Crimes Against Children) – Dismissed (Due to Motion to Preclude Witness Testimony Issues) – Maricopa County Superior Court (Case No. CR2018-102396)

Mr. A was driving his truck near the area of 27th Avenue and Roma Drive in Phoenix, when he was approached by two females.  They asked if they could have a ride, and then jumped into his car.  One of the girls spoke English, and the other one only spoke Spanish.  Mr. A also only spoke Spanish.

As they were driving, the girl who spoke English was allegedly soliciting prostitution, and she was underage.  The friend that was with her spoke Spanish with Mr. A and supposedly came up with an agreement for him to pay $80 to the alleged victim for oral sex.  Because of the language barrier, Mr. A never directly communicated with the alleged victim.  While the girls entered into Mr. A’s car, they were observed by an Undercover Officer who followed them and pulled over Mr. A for a minor traffic violation.  The Officer questioned the girls and they told him that Mr. A had agreed to sex for $80.  Mr. A never admitted to doing any of this activity, and thought he was merely giving them a ride, and was going to get food with them.  Even though Mr. A had asked for an Attorney, the Officers continued to interrogate him, and would not let him go to the restroom after he requested to do so three times.

DM Cantor was ultimately retained to defend Mr. A, and we interviewed all of the witnesses involved, except for the girl who allegedly acted as the translator.  We then filed a Motion to Preclude her Testimony, due to the fact that she would not show up for a witness interview.  Before the Oral Argument on our Motion to Preclude could be heard by the Judge, the State filed to Dismiss all Charges against Mr. A.  We then argued that the State was merely trying to avoid Mr. A’s Rule 8 Speedy Trial Rights, and we asked for the case to be Dismissed with Prejudice.  Although the Judge Dismissed the Case without Prejudice, No Charges were ever brought against Mr. A.  He was facing mandatory Prison time, plus being required to Register as a Sex Offender.  Instead, he has No Criminal Conviction on his Record.

CONVICTION REVERSED/CASE DISMISSED WITH PREJUDICE & ARREST RECORD CLEARED | ATTEMPTED child sex trafficking – State v. Mr. M (DMC Case #10310)

Mr. M. pled guilty to two counts of Attempted child sex trafficking. Despite the fact that Mr. M. was adamant during the change of plea proceedings that he did not know the alleged victim was under the age of 18, the Court accepted his pleas of guilty and sentenced Mr. M. to five (5) years of supervised probation. Along with the probation term, Mr. M. was required to serve one (1) year in the Maricopa County Jail and was mandated to register as a sex offender, a lifetime requirement. During the time that Mr. M. was serving his one year jail sentence, he retained the services of DM Cantor in order to file a Petition for Post Conviction Relief, pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. Our firm filed this petition with the sentencing judge on Mr. M.’s behalf, arguing that the crime of child sex trafficking is not a strict liability offense and given Mr. M.’s clear statements that he did not know that the alleged victim was under the age of 18, the conviction should be reversed based on an insufficient factual basis. After this request was denied by the sentencing judge, we took the issue to the Court of Appeals by filing a Petition for Review of the Superior Courts Denial of Post Conviction Relief. After review of the pleadings, the Court of Appeals and the State agreed with our position that there was not a sufficient factual basis to support the guilty pleas and thus, the conviction was reversed and the case was remanded back to the Superior Court for a new trial. Once remanded, and based on the arguments set forth in the post conviction pleadings, the State filed a motion to dismiss the case with prejudice, which was granted by the Court. After this dismissal, our firm was successful in having Mr. M.’s arrest record cleared after we filed a Motion to Clear Mr. M.’s Arrest Record pursuant to A.R.S. §13-4051.

 

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