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January 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 31 Indecent Exposure Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D. (DMC No. 10552)

REDUCED | 5 COUNTS OF SEXUAL CONDUCT WITH A MINOR (DCAC)/CHILD MOLEST/INDECENT EXPOSURE REDUCED to “attempt” with probation and 90 days jail – State v. Mr. D. (DMC No. 10552) (Maricopa County Superior Court CR2011-122501): Mr. D. was accused of having sexual conduct with his step-sister since she was as young as 8 years old.  The police conducted a “confrontation call”, in which he made many admissions while speaking with his sister as the call was recorded by police.  He was subsequently questioned and made some admissions, at which point he was arrested and held “non-bondable”.  We were able to present evidence of the victim’s prior mental illness history, along with various discrepancies in her timeline, and we secured an offer to “attempted molestation”, probation with 90 days of jail.  Originally Mr. D. was facing a minimum of 75 years in prison.

October 19, 2013
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 35 Public Sexual Indecency Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C (DMC No. 4826)

NOT CHARGED | PUBLIC SEXUAL INDECENCY – State v. Mr. C. (DMC No. 4826) (Phoenix PD Investigated): Phoenix Police Detectives were working undercover at Washington Park in order to apprehend gay males who may engage in sexual activity in the restrooms.   An undercover Detective maintained eye contact and was “flirting” with Mr. C., and he then walked into the restroom and waited.  About a minute later, Mr. C. came in to use the urinal and the Detective stated that it was clear that he was masturbating while using the urinal.  However, the Detective admitted he never actually saw Mr. C.’s genitalia.   After Mr. C. was arrested, we became involved and convinced the Prosecutor that they lacked sufficient evidence to pursue charges at that time.  We then stayed involved and prevented Detectives from re-questioning Mr. C., and eventually the statute of limitations ran and no charges were ever brought against Mr. C.

August 10, 2013
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. M (DMC No. 4712)

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to “disturbing the peace” with zero days in jail – State v. Mr. M.  (DMC No. 4712) (Phoenix City Court 3110269): Phoenix Police were conducting an undercover operation inside adult bookstores when they made contact with Mr. M.  They began flirting and went into a video booth together.  Mr. M. began rubbing his crotch on the outside of his clothes, and asked officer asked if he would “like to watch”.  The officer said yes, and then arrested him.  Due to possible entrapment defenses, and the fact that no “reasonable” person would be offended in these same circumstances, we had the case reduced to a simple “disturbing the peace” ticket with a small fine.

November 9, 2012
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 2128)

REDUCED | CHILD MOLESTATION & SEX ABUSE – (DMC No. 2128) (Maricopa County Superior Court No. CR2000-094277): Mr. W. was accused by his 13 year old step daughter of fondling her while he sat on his lap and she worked on a computer. We were able to show that the stepdaughter had lied in the past and had motives to have Mr. W. removed from the household. Because the detectives obtained a partial confession, we were able to negotiate a plea to attempted child molestation with probation and 4 months of jail. Mr. W. was originally facing a minimum of 10 years of day for day prison time.

January 17, 2012
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 29 Sexual Assault Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. Y. (DMC No. 9806)

REDUCED | Sexual Assault and Sexual Conduct with a Minor, State v. Mr. Y. (DMC No. 9806) (Maricopa County Superior Court No.: CR2010-139405): Mr. Y. was a 25 year old living in an apartment who was partying with some people, including a 16 year old girl. During the course of the night, the girl and Mr. Y were drinking and ended up having sex. Although he knew she was under 18, he was under the belief that she was going to have her birthday within a couple of weeks. After Mr. Y had left the apartment, the girl spoke with her friends and then claimed that she “must have been sexually assaulted”, although she did not remember anything. After the police were called, Mr. Y was arrested. We were able to show that the sexual assault claim lacked any merit (although it carried a potential of over a decade in prison), but Mr. Y did knowingly engage in sex with a girl under 18. The original offers from the Prosecutor’s involved designated felonies and convictions with prison time. We were able to convince the Prosecutor to offer an Undesignated Felony to a Child Abuse Charge with 6 months of jail time and Work Furlough. Upon completion of Mr. Y’s probation, the charge will be reduced to a Misdemeanor.

January 17, 2012
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 37A Prostitution / Solicitation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. P. (DMC No. 9869)

NOT CHARGED |  Solicitation of Prostitution- State v. Mr. P. (DMC No. 9869): Mr. P was one of the individuals on the “Desert Diva” list that was released to the media. This list involved an escort service that was determined to be a prostitution ring. The police obtained all credit card numbers and information and released the names of the potential “John’s” to the public. Mr. P hired us, and we were able to prevent the State from proceeding with any further evidence that he engaged in prostitution. No charges were ever brought.

December 19, 2011
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. H (DMC No. 7155)

REDUCED | Child Pornography, State v. Mr. H. (DMC No. 7155) (Maricopa County Superior Court No. JV-544956): REDUCED to Probation – Mr. H. was a 17 year old male who was utilizing a file sharing software “Limewire.” While downloading music and videos, he came across what appeared to be child pornography. Due to his youth and inexperience, he downloaded these images. He thought they were “gross” and would use them to “freak out” his friends. The FBI traced the images to his computer and executed a search warrant. His mother brought him down for questioning and let him speak to police. This resulted with him being charged with Child Pornography. We were able to keep the case in the juvenile system, as opposed to being transferred to the adult system where Mr. H. would have faced 10 years in prison, per video. Ultimately, the case was resolved with probation until his 18th birthday, 60 days of deferred jail, and various counseling. When he successfully completed his counseling and probation, the jail was deleted and he did not have to register as a sex offender. He now has nothing showing on his adult record.

December 18, 2011
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72A Kidnapping Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No.7243)

NOT CHARGED | CHILD MOLESTATION & KIDNAPPING – State v. Mr. B. (DMC No.7243) (Maricopa County Superior Court No. CR 2006-XXXXXX): Mr. B. was a teacher at a local elementary school and was accused by a student of fondling her breast over her clothes. We had Mr. B. take a polygraph test, which he passed. In addition, there were no other witnesses to corroborate these allegations. The Maricopa County Attorney’s Office still insisted on proceeding to Grand Jury, however there was no indictment returned. The Maricopa County Attorney’s Office then made a Motion to the Court to release the findings of the Grand Jury (which is necessary in order to discuss Grand Jury findings), and that Motion was granted. Even though Mr. B. was not indicted, he was still forced to resign his position. He was initially facing years in prison, but ended up with no charges being filed.

December 18, 2011
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 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.7266)

NOT CHARGED | CHILD MOLESTATION –  State v. Mr. W. (DMC No.7266) (Pinal County Sheriff’s Office): Mr. W. was a teacher for Special Education students in 6th, 7th, and 8th grade. He was accused of improperly touching a student, and was put on Administrative Leave. We were able to show that the actual incident involved a 12-year old student who kept falling asleep in class. When Mr. W. went up to her and rubbed her back in order to wake her (with 30 other students in the room), she woke up and claimed that her bra strap had become undone. She then retracted some other allegations she had made against Mr. W. and no charges were brought against him. In addition, he had no adverse record placed on his teaching license. Lastly, he then transferred to teach at a local high school and was paid for all of the time he had been placed on Administrative Leave.

December 18, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Gila County Superior Court Victories

State v. Mr. S. (DMC No. 7292)

REDUCED | Child Molestation, State v. Mr. S. (DMC #7292) (Gila County Superior Court No. CR2007-0195): Mr. S. was 16 years old and was accused of trying to fondle an 11 year old and a 9 year old while on various field trips with a counseling group for disturbed teenagers. Although Mr. S. was only 16, he was charged as an adult. Because he was charged with 2 Counts of Child Molestation, he was facing a minimum of 20 years in prison. We were able to show that he had a disturbed mental state, and had a high level of mitigation and family support. We ultimately were able to reduce the initial plea from 10 years in prison to probation with 1 year in jail.

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