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February 19, 2014
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. H (DMC No. 6715)

NOT CHARGED | SEX ASSAULT NOT CHARGED – State v. Mr. H. (DMC No. 6715) (Tempe Police Department Investigated): Ms. H. was a Chinese immigrant who began a sexual relationship with a co-worker, who was also a Chinese immigrant.  After several dates and sexual encounters, Mr. H. indicated that he was not going to “leave his wife” for his co-worker.  She went and reported him to the HR Department, claiming she was sexually assaulted.  He was fired from the job, and she filed a lawsuit against the company for money.  We had Mr. H. take, and pass a polygraph.  Once a lawsuit was filed, the alleged victim no longer wished to criminally pursue Mr. H., as she was being “financially compensated” by the company.  No charges were ever brought against Mr. H., even though he was originally facing prison time.

February 19, 2014
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. 5979)

NOT CHARGED | SEX ASSAULT – State v. Mr. R.  (DMC No. 5979) (Phoenix Police Department Investigated): Mr. R. and his wife went dancing with a co-worker and her niece (the alleged victim) who was 19.  They had all drank alcohol, and then went back to the aunt’s house.  The alleged victim claimed that she was so drunk she could barely stand, and that Mr. R. had come into the room and engaged in sexual intercourse with her without consent.  A DNA analysis was conducted, and did not match Mr. R.  In addition, we were able to show that the alleged victims and her family were attempting to be paid $10, 000 in order to not go to police.  No charges were ever brought against Mr. R.  Originally, he was facing well over a decade in prison.

 

February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. M (DMC No. 5222)

NOT CHARGED | SEXUAL ASSAULT/SEX CONDUCT with a MINOR – State v. Mr. M. (DMC No. 5222) (Phoenix Police Department and Phoenix Union High School District Officials  Investigated): Mr. M. was a high school teacher who is mentoring a 15 year old female student.  She began emailing him relentlessly with statements such as “I want to runaway” and “my grandfather is oppressive”.  He attempted to distance himself from her, and then when she accused him of molesting her.  He was immediately suspended by the school district and an investigation ensued.  We were able to interview witnesses and show that the alleged victim had been stalking Mr. M.  We showed that she came up with fake allegations of breast cancer, and had pulled up his information on classmates.com, and had been cyber stalking Mr. M.  Although no charges were brought against Mr. M., he resigned from the school district and received a full severance.  He originally was facing potentially years in prison.

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 12, 2014
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. J (DMC No. 857)

NOT CHARGED | SEXUAL ASSAULT – State v. Mr. J. (DMC No. 857) (Mesa Police Department Investigated): Mr. J. was an 18 year old high school student who began having a relationship with a 21 year old high school student who was moderately mentally disabled.  Although they were both seniors, allegations were made that she was potentially vulnerable adult.  When he broke up with her, she claimed that she had been sexually assaulted over the period of 4 months.  We were able to show the Prosecutor that this was a consensual relationship, and that she was not “vulnerable” in the legal sense of the word.  No charges were ever brought against Mr. J.  If he had been charged, he would have been facing years in prison.

 

February 12, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 5627)

REDUCED | SEXUAL ASSAULT REDUCED to ATTEMPT with PROBATION and 1 YEAR JAIL – State v. Mr. D. (DMC No. 5627) (Maricopa County Superior Court CR2005-008833): Mr. D. was accused at being at a party in Tempe, when he drank heavily with a girl he had been friends with.  The girl had stated that she had passed out, and when she woke up, they were engaged in sexual intercourse.  Detectives conducted a “confrontation call” in which Mr. D. was confronted by the alleged victim, and he made numerous admissions.  He was subsequently charged with sexual assault and held as “non bondable” in jail.  We were able to present evidence to the Prosecutor regarding a “consent defense”, and we were able to secure an “attempt” offer which included a range of probation with 1 year in jail, up to 8.75 years in prison.  At sentencing, we presented mitigation, and the Judge granted probation with 1 year in jail (which included the 6 months credit for time he had served during dependency of the case).  He was released 6 months later.

February 4, 2014
Posted on Author By dmcantor Categories 113 Sex Crime 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. W (DMC No. 4401)

NOT CHARGED | CHILD PORNOGRAPHY – State v. Mr. W. (DMC No. 4401) (Chandler Police Department Investigated): The police were monitoring various computer file sharing sites when they came across Mr. W.’s activities.  He had been accused of downloading numerous still images and video clips of child pornography.  When they made contact with him, they took his computer and interviewed him extensively.  Due to witness issues which developed during the case, no charges were ever brought against Mr. W. He was originally facing a minimum of 10 years in prison per image (over 1,000 years!).

 

February 4, 2014
Posted on Author By dmcantor Categories 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, Case Victories, Justice Court Victories, Superior / Kearny Justice Court Victories

State v. Mr. O (DMC No. 5706)

REDUCED | INDECENT EXPOSURE REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. O. (DMC No. 5706) (Superior/Kearny Justice Court CR2005-0129): Mr. O. had been riding his motorcycle with his brother and a group of friends.  At a local rest stop, he pulled his pants in order to “moon” his brother.  Other families were nearby with small children, the police were called.  We were able to have the case amended down to a simple disorderly conduct (non sexual in nature) with a mere $150+ fine and zero days in jail.  There is no sex offense conviction on Mr. O.’s record.

February 4, 2014
Posted on Author By dmcantor Categories 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, Carefree / Cave Creek Consolidated City Court Victories, Case Victories, City Court Victories

State v. Mr. O (DMC No. 5404)

REDUCED | INDECENT EXPOSURE REDUCED to DISORDERLY CONDUCT with ZERO DAYS JAIL – State v. Mr. O. (DMC No. 5404 ) (Cave Creek City Court CR2005-0006): Mr. O. had a female worker come out from the local gas company to work on his house.  They had a few drinks together and they had friendly conversation while she was working inside his house.  He went to shower, and exposed himself while walking down the hallway.  The police were then called, and he was cited for indecent exposure.  We were able to have the charge reduced to a disorderly conduct (a non-sexual crime), which involved zero days jail.  Mr. O. has no sex crime conviction on his record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography 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. C (DMC No. 4292)

REDUCED | 2 COUNTS of CHILD PORNOGRAPHY/4 COUNTS of FURNISHING OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS JAIL – State v. Mr. C. (DMC No. 4292) (Maricopa County Superior Court CR2003-036856): Mr. C. was going through a nasty child custody battle when his baby’s mother accused him of molesting their 2 year old daughter.  There was no evidence of any molest, and charges were not brought regarding Sexual Conduct with a Minor.  However, charges were brought that Mr. C. had allegedly distributed pornography to a teenage male who lived in the same apartment complex.  Also, there were allegations of child pornography on his computer.  We were able to have the case reduced to a single count of furnishing harmful or obscene materials to a minor with probation and zero days jail.  Originally Mr. C. could have been facing 20 years minimum in prison on just the 2 counts of child pornography.

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