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October 12, 2016
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 700 Property Crime Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, 93 Arson Victories, Case Victories

State v. Mr. T (DMC No. 12498)

Mr. T had lived in a neighborhood in which there had been numerous arson fires regarding cars and dumpsters over the previous 3 years. There was a report of a car on fire by a neighbor who stated that they had seen Mr. T run from the area of the car into his apartment. When police arrived, they attempted to have Mr. T leave his house to talk to them, but he refused. They eventually broke down the door and took him into custody. He was charged with arson and resisting arrest.

We were able to show that Mr. T had merely been in the area looking at the car because it had been on fire, and that he had not actually set the fire. In addition, Mr. T had been drinking and was scared when the police came to his door. Lastly, Mr. T and his life partner were both concerned that the police would rough him up due to his sexual orientation. And, in fact, the police had roughed Mr. T up when they took him into custody. We ultimately had the arson charge dismissed, and the case was plead to the resisting arrest with probation and zero days in jail. Originally Mr. T was facing a minimum of 4 years and a maximum of 8 years in prison on the arson charge alone.

January 2, 2016
Posted on Author By dmcantor Categories 100 Miscellaneous Crimes Victories, 100V Escape Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 7700)

FELONY ESCAPE, FELONY AGGRAVATED ASSAULT on a POLICE OFFICER and FELONY RESISTING ARREST REDUCED to MISDEMEANOR with ZERO DAYS in Jail – State v. Mr. D (DMC No. 7700) (Maricopa County Superior Court CR2007-158714): Mr. D was a student at ASU and was tailgating in an ASU parking lot prior to a football game. He was seen carrying a closed beer, and an Officer asked him his age. He put the beer in his pocket and then the Officer spun him around, cuffed him and threw him to the ground. Mr. D then got up and ran a short distance before he was tackled and held by Police. He was subsequently charged with Felony Escape per Arizona Revised Statute ARS 13-2503, Felony Aggravated Assault on a cop per Arizona Revised Statute ARS 13-1204(8)(A), and Felony Resisting Arrest per Arizona Revised Statute ARS 13-2508. We were able to show the Prosecutor that he never actually “resisted arrest” or fought with the Officer, and that he was only scared when he got up and ran. They agreed to reduce his charge to simple Misdemeanors with no days in Jail. Because he had no felonies on his record, he was allowed to remain at ASU.

February 12, 2014
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47F Money Laundering (State Charge) Victories, 500 Assault / Violent Crime Victories, 600 Drug Crimes Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, 84 Drug Sales/Transportation Reduced, Case Victories, La Paz County Superior Court Victories

State v. Mr. A (DMC No. 4980)

REDUCED | TRANSPORTATION of MARIJUANA for SALE (215 pounds)/MONEY LAUNDERING ($31,000) and RESISTING ARREST REDUCED to POSSESSION of MARIJUANA and FELONY FLIGHT with PROBATION and ZERO DAYS in JAIL – State v. Mr. A. (DMC No. 4980) (La Paz County Superior Court CR2004-0502;CR2003-0283): Mr. A. was travelling as a passenger in a car that was pulled over for travelling 78 mph in a 75 mph zone.  The officer then asked if the two were “engaged in criminal activity”.  A drug dog was brought out who sniffed the car and altered to the presence of marijuana.  Mr. A. then exited the car and ran away.  He was then taken into custody, and he said he ran because he saw the officer was “jacking up his friend”.  215 pounds of marijuana and $31, 000 in cash were found inside the vehicle and Mr. A. was charged with “transportation of marijuana for sale”, “money laundering” and “resisting arrest”.  Due to the questionable nature of the stop, we were able to reduce his charge down to a mere felony flight with possession of marijuana which included probation and zero day’s jail.  He was originally facing over a decade in prison.

 

February 11, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Downtown Justice Court Victories, Justice Court Victories

State v. Ms. J (DMC No. 722)

AGGRAVATED ASSAULT on a Cop/RESISTING ARREST REDUCED to MISDEMEANOR DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Ms. J. (DMC No. 722) (Downtown Justice Court CR97-05265FE): Ms. J. was at a party and had been drinking while on prescription medication, when she ended up getting into a fight with another girl.  She suffered a head injury, and did not recall a lot of what occurred.  Police claimed that when they arrived, she assaulted the officers and was resisting arrest.   We were able to present medical records that she suffered a concussion in the fight, and the State agreed to reduce charges down to a simple misdemeanor with zero days in jail.   She has no felony on her record.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 6147)

RESISTING ARREST REDUCED to PROBATION with ZERO DAYS JAIL – State v. Ms. H. (DMC No. 6147) (Maricopa County Superior Court CR2006-103187): Ms. H. came upon a traffic jam, and then began driving on the dirt shoulder to the right of the road for about a quarter of a mile.  Police stopped her and wrote a ticket.  As the officer was putting away papers inside of his motorcycle Ms. H. began to pull out.  The officer jumped backed and yelled “you were trying to hit me”.  Ms. H. said “no” and began to drive away.  The officer punched her car and told her to stop.   She stated “no” and drove home.  The officer followed her home, and then grabbed her wrist in order to place her under arrest.  Ms. H. pulled away, and she was taken to the ground and cited for “resisting arrest”.  We were able to have the case reduced to a class 6 open which was ultimately designated a misdemeanor.  She merely received 9 months of probation with zero day’s jail.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 5090)

RESISTING ARREST REDUCED to MISDEMEANOR with ZERO DAYS JAIL – State v. Mr. M. (DMC No. 5090) (Maricopa County Superior Court CR2005-100412): Mr. M. had a large party at his house while his mother was out of town.  Police were called due to the noise complaint.  When they contacted Mr. M. he personally opened the door and admitted that he was 19 and had been drinking. When they told him he was under arrest for the alcohol violation, he attempted to pull away and resist officer’s attempts to arrest him.  He had to be taken to the ground and was charged with felony “resisting arrest”.  We were able to speak to with the Prosecutor, and have the case amended to simple misdemeanor with zero days in jail. He had no felonies on his record.

February 11, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V. (DMC No. 10271)

DISORDERLY CONDUCT with GUN (dangerous)/RESISTING ARREST REDUCED to PROBATION with 1 YEAR in JAIL – State v. Mr. V. (DMC No. 10271) (Maricopa County Superior Court CR2011-119677): Mr. V. was depressed and suicidal, and had taken several anti-depressants.  He called 911 and informed them he had a shotgun and was going to kill himself.  When police arrived, he discharged the shotgun up in the air and just passed his own head towards the back.  He was tasered and shot with rubber bullets before being taken into custody.  Originally he was facing a minimum of 2.25 years in prison because of police being listed as victims.  We were able to reduce his case to probation, and jail with work release, which enabled Mr. V. to go to work and keep paying his mortgage for his family.

January 17, 2012
Posted on Author By dmcantor Categories 1500 Expungement Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60 Felony Disorderly Conduct/Threats Dismissed, 60-62 Felony Disorderly Conduct/Threats Victories, 73-74A Resisting Arrest Victories, 74 Resisting Arrest Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H (DMC No. 9104)

CONVICTION SET ASIDE | RESISTING ARREST/TRESPASSING/DISORDERLY CONDUCT CONVICTION EXPUNGED – State v. Ms. H. (DMC No. 9104) (Maricopa County Superior Court No. 2009-161454): Ms. H had been drinking and was at the Westgate Shops over by the Jobing.com Arena. An officer approached her outside of a bar, and she got into a verbal altercation. The officer became angry, and pushed Ms. H to the side of the car. She reacted and then was arrested and charged with Disorderly Conduct, Trespassing, and Resisting Arrest. We were ultimately able to have charges reduced to a Class 1 Misdemeanor for Resisting Arrest. After that, we were able to have the conviction Set Aside and Expunged.

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