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January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 9680)

NOT CHARGED | CHILD MOLESTATION (DCAC) | State v. Mr. B. (DMC No. 9680) (Surprise Police Department and CPS Investigated): Mr. B. had gone through a very nasty divorce with his wife, and he had primary custody of their 5 year old daughter. Mr. S. had filed a Petition for Review regarding child support, arrearages and also wanted to modify sole custody. The wife then retaliated by claiming that Mr. B. was molesting the daughter. We had Mr. B. take a polygraph test in which passed with flying colors, and then we then contacted the Surprise Police Department Detective to inform her that these allegations appeared manufactured. As to the CPS investigator, that proved to be a little more difficult. The children were interviewed separately and Mr. B. was also interviewed without the presence of an Attorney (at their request). Due to the fact that these were false allegations, he spoke with CPS and then we followed up with our information thereby stopping all charges from being filed. Mr. B. was also allowed to keep his children. Because his ex wife wanted him charged for Child Molestation, a Dangerous Crimes Against Children (DCAC) per Arizona Revised Statute 13-1410, he could have been facing a minimum of 10 years in prison if he was charged and convicted.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. W (DMC No. 9684)

NOT CHARGED | 6 COUNTS of SEXUAL CONDUCT with a MINOR – State v. Mr. W. (DMC No. 9684) (Phoenix Police Department Investigated): Mr. W. was a 21 year old man who was dating his 17 year old girlfriend for several months. After he broke up with his girlfriend, she became upset and went to her mother and told her that the two of them had been sleeping together. She then called the Police in order to have Mr. W. charged with 6 counts of Sexual Conduct with a Minor, under ARS 13-1405. Because there was no physical evidence and we invoked Mr. W.’s rights to remain to silent to the Police, the Maricopa County Attorney’s Office declined to file charges against Mr. W. If he would have been charged and convicted it is possible that he would have to have done prison time and his future employment chances would have been greatly diminished.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A (DMC No. 9706)

NOT CHARGED | 2 COUNTS of SEXUAL CONDUCT with a MINOR and 1 COUNT SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY | State v. Mr. A. (DMC No. 9706) (Buckeye Police Department Investigated): Mr. A. was a 20 year old male who was accused of having sex with a 15 year old high school student. The girl’s mom had found naked photos of her on her cell phone, and the girl stated that she had sent them to Mr. A. She also told her mom that she had sex with him on two different occasions. When Mr. A. was contacted by the Police, he invoked his right to remain silent and involved our office. Detectives originally wanted to charge Mr. A. with Sexual Conduct with a Minor per ARS 13-1405 and Sexual Exploitation of a Minor (Child Pornography) per ARS 13-3553. Due to the fact that we severely limited the State’s ability to gather evidence, the Maricopa County Attorney’s Office declined to press charges.

 

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, 32 Indecent Exposure Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 9573)

NOT CHARGED/REDUCED | SEXUAL CONDUCT with a MINOR (DCAC) NOT CHARGED/2 COUNTS FELONY INDECENT EXPOSURE REDUCED to MISDEMEANOR INDECENT EXPOSURE with PROBATION and ZERO DAYS in JAIL – State v. Mr. S. (DMC No. 9573) (Pinal County Attorney’s Office CR2009-01500): Mr. S. was a widower who worked at Home Depot with a friend whose daughter and grandkids needed a place to stay. He brought them in and let them stay for free and helped out with her children out of the kindness of his heart. The mother was a drug abuser who began to steal from Mr. S. When she was confronted, she then had her two children (ages 7 and 8) make various allegations against Mr. S. We became involved with Detectives and provided them with a copy of a polygraph in which Mr. S. passed with flying colors. Because of this, no charges were brought against Mr. S. for Sexual Misconduct with a Minor, Dangerous Crimes Against Children (DCAC) per Arizona Revised Statue 13-1405. However, charges were brought against him for Indecent Exposure under ARS 13-1402 to the two children because he had admitted to Detectives that while changing the kids would come into his room and had seen him naked.

During the pendency of Mr. S.’s case, we presented evidence that this was incidental and not done on purpose or for a sexual purpose. However, Mr. S. had admitted to Detectives that he could have been more careful, and he could have covered up quicker than he had. Therefore, we secured an offer to a simple Misdemeanor with Probation, no jail and Mr. S. did not have to register as a Sex Offender. The original allegations exposed Mr. S. to potentially the rest of his life in prison.

January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 9515)

REDUCED | 5 COUNTS of SEXUAL CONDUCT with a MINOR (DCAC) 3 COUNTS of CHILD MOLESTATION REDUCED to ATTEMPT with PROBATION and 1 YEAR in JAIL – State v. Mr. C. (DMC No. 9515) (Maricopa County Superior Court CR2009-140682): Mr. C. was 19 years old when he began having a sexual relationship with a 12 year old younger sister of a girl he used to date. He was addicted to marijuana and had various traumatic personal issues in his past. After a 12 year old confided to a therapist that she was in a sexual relationship, the Police were notified. Although the parents of the 12 year old wanted Mr. C. to received the presumptive term for a single count of Sex Conduct with a Minor as a Dangerous Crimes Against Children (DCAC) under ARS 13-1405, which would require 20 years of prison time. We were able to secure a plea to a “no agreements” “Attempt”, in which he could potentially be sentenced to prison for over 15 years, or receive Probation with 1 year in jail on the low end. Ultimately, at sentencing we convinced the judge to give Mr. C. the lowest amount of available under the plea which was Probation with 1 year in jail. He was also able to apply for Work Furlough, which could allow him to be released during the day to go to work. He finished his jail time shortly after his 21st birthday, and has not had any contact or problems with the law since.

January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 9519)

REDUCED | 7 COUNTS of SEXUAL MISCONDUCT with a MINOR and 1 COUNT of FURNISHING HARMFUL or OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. T. (DMC No. 9519) (Maricopa County Superior Court CR2009-174270): Mr. T. was a 34 year old male who began a sexual relationship with his 17 year old cousin. While they were in a hotel parking lot, police made contact with him and began questioning him as to why he was in the area. They ultimately discovered that the two of them had engaged in sexual conduct inside of the motel. They also later discovered through interviews that this had happened on numerous occasions and that pornography had also been shared between the two of them. Mr. T. was ultimately charged with 7 counts of Sexual Conduct with a Minor pursuant to Arizona Revised Statute 13-1405 and 1 count of Furnishing Harmful Obscene Materials to a Minor under Arizona Revised Statute 13-3506. Because of the questionable nature of the stop we were able to convince the prosecutor to extend the plea which included a small amount of Probation and zero days in jail. This was a very advantageous plea given the fact that Mr. T. was 21 years older than his cousin.

January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 8034

REDUCED | ATTEMPTED CHILD MOLESTATION and SEX ABUSE (DCAC) REDUCED to ATTEMPTED CHILD ABUSE Class 6 Open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8034) (Maricopa County Superior Court CR2007-005599): Mr. B. was a 26 year old who was accused of kissing, fondling and attempting to have sex with his future 14 year old step sister. Although the incident had happened 1 year prior, his step sister became upset and reported it to her grandmother after she had gotten into argument with Mr. B. When police questioned him, he admitted to everything. He was then charged with Attempted Molestation of a Child per ARS 13-1001 and 13-1401 and Sexual Abuse per ARS 13-1404; both charged as Dangerous Crimes Against Children (DCAC). After we became involved in the case, we had Mr. B. submit to a Psychosexual Risk Evaluation, which showed he was not a threat to society. This evaluation was presented to the prosecutor and we secured an offer of Attempted Child Abuse which was a Class 6 Open/Misdemeanor with Probation and zero days in jail. Mr. B. did not have to register as a Sex Offender, and when he successfully completed probation his case became a Misdemeanor. He now has no felony record. Originally he was facing years in prison if he were to have been convicted.

January 26, 2015
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38D Voyeurism Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A. (DMC No. 8103)

REDUCED | FELONY VOYEURISM REDUCED to ATTEMPT Class 6 Open/Misdemeanor with PROBATION with ZERO DAYS in JAIL – State v. Mr. A. (DMC No. 8103) (Maricopa Superior Court CR2008-101173): Mr. A. was accused of entering a Walgreen’s drugstore female restroom and looking underneath a bathroom stall into another stall which was occupied by a young woman. He was also accused of doing the same thing at a Safeway restaurant woman’s bathroom. He was eventually questioned at his home, and he admitted to both incidents. He was subsequently charged with 2 counts of Felony Voyeurism pursuant to ARS 13-1424A. We were able to have Mr. A. enrolled into therapy. Because of this, we were able to secure an offer to Attempt which was subsequently reduced to a Misdemeanor upon completion of Probation. He also did not have to serve any time in jail.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 8047)

NOT CHARGED | SEXUAL ASSAULT– State v. Mr. B. (DMC No. 8047) (Mesa Police Department Investigated): Mr. B. had done some remodeling work for a woman approximately 6 years earlier. The woman had recently gone through counseling and had “suppressed memories” of Mr. B. sexually assaulting her with another man. The Detectives questioned Mr. B. and he denied every having any type of sexual relationship with the woman. We had him submit to a private polygraph examination, which showed that he was being truthful and had never been sexually involved with the woman. We were able to present the evidence to the Mesa Police Department, and they agreed to not file Sexual Assault charges per ARS 13-1406 against Mr. B. If he were charged and convicted, mandatory prison would have been involved.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 8248)

NOT CHARGED | SEXUAL ASSAULT – State v. Mr. R. (DMC No. 8248) (Scottsdale Police Department Investigated): Mr. R. had been a former police officer for 8 years who now worked as a manager at a local fitness club. While working there, one of the female clients asked him out on a date. Several nights later they went to dinner at a nice restaurant and then went to a nightclub for dancing and drinks. They engaged in consensual sexual activity, and the next day the woman called and accused him of having “slipped a drug” into her drink so that she would have sex with him. He vehemently denied the allegation. We became involved and pressed the Scottsdale Police Department Detectives for any information as to whether there was actually any drugs in this woman’s system. In addition, we requested that she give a polygraph test and we wanted to know if there was any blood alcohol content results for any chemical analysis conducted. The Scottsdale Police Department ultimately declined to file any charges for Sexual Assault per ARS 13-1406. If Mr. R. had been charged, he would not have been eligible for any type of bond until the case resolved. This means Mr. R. would had to have sat in custody during the pendency of the case. If he were to have been convicted, he would have spent at least 10 years in prison.

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