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November 17, 2011
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. C (DMC No. 4124)

NOT CHARGED | SEXUAL CONDUCT WITH A MINOR (DMC No. 4124) State v. Mr. C.: Mr. C has a child out of wedlock with a former girlfriend, and they now had shared custody. His daughter was 2 ½ years old, and she would come over and stay at his apartment. His ex-girlfriend had been particularly nasty in trying to obtain sole and separate custody when she made allegations that Mr. C’s daughter was molested. We had Mr. C immediately take a polygraph, and we sat down and spoke with detectives. The prosecutor found that these charges of sexual conduct of a minor were without merit and did not file them against Mr. C (even though he would have been facing life in prison).

November 17, 2011
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. Ms. G (DMC No. 4129)

NOT CHARGED | SEXUAL CONDUCT WITH A MINOR – (DMC No. 4129) State v. Ms. G.: Ms. G. was a teacher at a local high school who was accused of having sexual contact with a fifteen (15) year old male student. The male student ultimately refused to cooperative with police, and would not partake in a “confrontation call”, whereby he would seek to obtain a confession on tape from Ms. G over the phone. In addition, Ms. G invoked her rights and would not allow herself to be interviewed, and we were the only ones the police were allowed to have contact with. Due to a subsequently lack of evidence, charges were not brought against Ms. G. This is an example of protecting a client by utilizing their Fifth Amendment Rights to their full advantage.

November 17, 2011
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. C (DMC No. 4169)

NOT CHARGED | SEXUAL CONDUCT WITH A MINOR – (DMC No. 4169) State v. Mr. C.: Mr. C was accused of Sexual Misconduct with his niece when was a minor. She waited years to make any allegations, and then filed a civil suit in a different state. We were able to work with her attorneys in another state, and with local law authorizes. By way of a civil settlement which involved no admission of wrong doing, the case was finalized and no charges were brought against Mr. C. He would have been facing potentially life in prison if he had been charged and convicted.

November 17, 2011
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. J. (DMC No. 1156)

REDUCED | SEXUAL CONDUCT WITH A MINOR (MCSC 1999092792CR): Mr. J. was married at a very young age (18) to a woman who was much older. He engaged in sexual intercourse with his 13 year old sister in law when he was 18. This happened several times. Approximately 10 years later, the victim was going through counseling when she revealed that she’d had sex with her former brother in law. He was contacted by Detectives, and he erroneously thought there was a 7 year statute of limitations on this type of offense. He admitted to everything and told police, “It doesn’t matter. The statute of limitations has run.” He was unaware that in cases of murder and sex crimes against children, there is no statute of limitations in Arizona, and he was subsequently charged. We were able to have a Psychosexual Risk Evaluation conducted, which showed he was not a risk to children, and these incidents occurred because he was barely 4 years older than his sister in law at the time. We ultimately secured a deal to Attempted Sexual Conduct with a Minor, which included probation and 1 year in jail with work release.

November 17, 2011
Posted on Author By dmcantor Categories 29 Sexual Assault Reduced, 300 Sex Crime Victories, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 3757)

REDUCED | SEXUAL ASSAULT & KIDNAPPING – State v. Mr. D. (MCSC 2003031091CR): Mr. D. was 19 years old when he was drinking with a 16 year old female. They engaged in consensual sexual activity. When the girl’s father found out, she claimed she had been taken advantage of and was basically raped. Although Mr. D. was facing over a decade in prison, we were able to show through a Psychosexual Risk Evaluation that he was not a risk to society, and that the girls was most likely covering the fact that she had consensual sex because her father was upset. We were able to secure a plea to Attempted Sexual Assault with probation and zero days in jail.

November 17, 2011
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. A (DMC No. 2375)

REDUCED | Felony Sexual Conduct with a Minor Reduced to Probation and 6 Months Jail with Work Release – (Maricopa County Superior Court Case No. 2000014854CR): Mr. A. had friends at his house for a party. At some point during the evening, he was alone in the bathroom with the 4 year old daughter of one of his friends. The next day he was accused of touching the girl, which he denied. Two months went by, then the police questioned and arrested Mr. A. The specific allegations were that he had attempted oral sex with the 4 year old. Mr. A. denied ever licking the victim’s vagina, but stated that as he was helping her to use the restroom and pull up her pants, that his fingers may have touched her vagina. We were able to negotiate a plea to Attempted Child Molestation which included probation and 6 months in jail with work release.

November 17, 2011
Posted on Author By dmcantor Categories 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. 2282)

REDUCED | CHILD MOLESTATION – (2000830CR): Mr. S. was accused of fondling his 13 year old step-daughter. He was facing 10 to 24 years in prison. During the course of the case, it was revealed that Mr. S. had gone camping with his stepchildren and had been drinking heavily. When this incident occurred, the victim indicated it appeared that he was half asleep and stuperous which he was touching her. We were able to negotiate a plea to Attempted Aggravated Assault, which included probation and 6 months in jail with work release.

November 17, 2011
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. T. (DMC No. 2655)

REDUCED | SEXUAL CONDUCT WITH A MINOR (JV20010197CR): Mr. T. was a 14 year old juvenile who was engaged in sexual activity with his 2 younger half-siblings. This information came to light when he was sent to counseling. He was charged with multiple counts of Sexual Conduct with a Minor, and the State was deciding whether to transfer his case to adult court (which would have put him at risk for life in prison). We were able to convince the prosecutors to leave the case in the juvenile system. Eventually a Psychosexual Risk Evaluation was conducted, which showed that Mr. T. was amenable to counseling. He plead to Attempted Sexual Abuse, and was given 1 year probation with zero days in jail.

November 17, 2011
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. G. (DMC No. 1270)

REDUCED | SEXUAL CONDUCT WITH A MINOR State v. Mr. G. (MCSC 2001090224CR): Mr. G. was 19 years old when he had a homosexual relationship with a 14 year old male. This occurred approximately 4-5 times. Five years after the relationship ended, the alleged victim was charged with various crimes. The victim revealed this relationship when he was preparing for sentencing on his other issues. When the information was revealed, police were contacted. We were able to demonstrate to the prosecutor that this was a consensual relationship, and the victim was now claiming “victim” status in order to lessen the sentence in his own criminal case. We were able to have the charges reduced to Attempted Child Molestation, which included probation and 12 months in jail with work release. Originally he was facing a minimum 75 years in prison.

November 17, 2011
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. K (DMC No. 1454)

REDUCED | CHILD MOLESTATION (1999091080CR): Mr. K. was a 15 year old who was charged as an adult for attempting to have sex with a 4 year old. Mr. K. was learning disabled, in Special Education, and had been held back in school. We were able to demonstrate that he also suffered from some additional mental issues. After a Psychosexual Risk Evaluation was conducted, we showed that with counseling he would not be a risk to society. Ultimately the case was reduced to Attempted Child Molestation. Mr. K. was sentenced to probation and 12 months jail with work release. Originally he was facing 10 to 24 years in prison.

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