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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. B (DMC No. 1309)

REDUCED | SEXUAL CONDUCT WITH A MINOR – (1998015183CR): Mr. B. was a minor who was charged as an adult. He was accused to attempting to have anal sex with his 6 year old half-brother. His parents had found out about this, and sought counseling. The counselor then notified police. We had Risk Assessment Evaluations conducted, showing that Mr. B. was not a risk to society, plus he suffered from ADHD. In the end, we were able to negotiate a plea to Attempted Child Molestation, which included probation and no jail. Originally, Mr. B. was facing 13 to 27 years in prison.

November 17, 2011
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 36 Prostitution / Solicitation Dismissals, Case Victories

State v. Mr. S (DMC No. 3795)

DISMISSED | SOLICITATION of PROSTITUTION – (2936843CR) (DMC No. 3795): Mr. S. was at a local hotel with a young woman when police came knocking at the door “looking for drug activity.” When they separated Mr. S. and the young woman he was with, the police determined he was soliciting her for prostitution. He was subsequently arrested and charged. We filed Motions based on illegal search and seizure, and the prosecutor agreed to dismiss all charges.

November 17, 2011
Posted on Author By dmcantor Categories 28 Sexual Assault Dismissals, 300 Sex Crime Victories, Case Victories

State v. Mr. T (DMC No. 3708)

DISMISSED | ASSAULT – (DMC No. 3708): Mr. T. was going through a divorce, and his wife claimed he had sexually assaulted her 7 times over the last several months. She had not called police before, and claimed she was waiting to file for divorce. We were able to sit down with the County Attorney’s Office and explained this was clearly a ploy to use as leverage in the divorce proceedings. In addition, we retrieved the wife’s criminal history, which showed she had a felony conviction for theft. In the end, we convinced the County Attorney’s Office to dismiss all charges.

November 17, 2011
Posted on Author By dmcantor Categories 22 Child Molestation/Sexual Conduct With Minor Dismissals, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. L (DMC No. 652)

DISMISSED  | CHILD MOLESTATION – 9808362CR) (DMC No. 652)

Mr. L. was charged with 4 counts of Sexual Misconduct with a Minor, and 4 counts of Child Molestation. These allegations were brought forth by his daughter and granddaughter. They claimed the last incident had occurred 8 years prior, and this came up during counseling sessions. Mr. L. had been having financial issues with his daughter, and he denied these allegations and wished to proceed by way of jury trial. On the day of trial, it became apparent that these allegations may not be true, and the State moved to dismiss all charges. Mr. L. would have spent the rest of his life in prison had he been convicted.

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. D (DMC No. 2535)

REDUCED | CHILD MOLESTATION – (DMC No. 2535) (Maricopa County Superior Court No.: 2001-008411 CR): Mr. D. was accused of molesting his girlfriend’s ten (10) year old daughter. This accusation came from the girl’s biological father, and the mother had previously had all four (4) of her children taken away from her for neglect. Examinations were inconclusive. Although there were four (4) separate counts of Child Molestation, which placed Mr. D at potentially spending between 40 and 96 years in prison, we were able to plead to one count of attempt with probation and one (1) year of jail time with work release.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. L (DMC No. 3901)

REDUCED | POSSESSION AND DISTRIBUTION OF CHILD PORNOGRAPHY State v. Mr. L. (DMC No. 3901) (Maricopa County Superior Court No.: 2003-005553CR): Mr. L. was a student at ASU who lived in a dormitory. He discovered a website which rewarded people listening to music by giving them points which could be redeemed for prizes. Mr. L constructed a computer program which allowed numerous people to listen to music while he would personally accumulate the point. During the course of this site, child pornography was received on this website and distributed. He was subsequently arrested and charged with ten (10) counts of possession of child pornography. The mandatory minimum he was facing was 100 years in prison. We were able to show the prosecutor the innocent intent of this website, combined with Mr. L’s youth, in order to obtain a plea to attempt (the lowest level felony). Although Mr. L had typed in certain requests which could be construed as a solicitation for child pornography, he did receive probation with one (1) years of jail time with work release. The norm on these cases is ten (10) years in prison.

November 17, 2011
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 4219)

REDUCED | SEXUAL ASSAULT (DMC No. 4219) (Maricopa County Superior Court No.: 2003-019710CR): Mr. S. was a massage therapist at a local resort. The allegedly victim had three (3) beers prior to having her massage (in which she requested a male masseuse). The alleged victim claimed that Mr. S had brushed her vagina one time, and then put his thumb in her vagina one time. The alleged victim then paid for the massage and left a tip for Mr. S, prior to reporting the incident. She then reported the incident and Mr. S was interviewed by police. He stated that the alleged victim was asleep, when she moved all of a sudden and he accidentally brushed her vagina one time. We were able to discover that the alleged victim had made a prior sexual assault claims in the past, and had looked to file a civil suit for money. We were ultimately able to convince the State to dismiss all charges. This occurred after Mr. S had already spent several months in jail, and was facing years in prison.

November 17, 2011
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. W. (DMC No. 260)

REDUCED | SEXUAL ASSAULT – (DMC No. 260) (Maricopa County Superior Court No.: 97-92798CR): Mr. W. worked at a local fast food restaurant as a 21 year old manager. He engaged in sexual conduct with a seventeen (17) year old worker, who then claimed that she was coerced into sex by her boss. Her parents had hired an attorney and filed a law suit seeking millions of dollars in compensation. Mr. W was charged with Sexual Assault. We were able to explain to the prosecutor that this was actually consensual sex with a minor over the age of fifteen (15) and should be a Class 6 Undesignated Felony. Mr. W was sentenced to probation, and at the completion of probation his charge was designated a misdemeanor. He received no days in jail, even though he was initially facing years in prison.

August 29, 2011
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, Mesa City Court / Mesa Municipal Court Victories

State vs. Mr. G (DMC No. 10117)

REDUCED | PUBLIC SEXUAL INDECENCY – State vs. Mr. G. (DMC No. 10117) (Mesa City Court No. 2011-039996): Mr. G. was in a vehicle with another woman when an officer assigned to the central street crimes unit in Mesa walked by his car.  He claimed that he saw the woman’s head in Mr. G.’s lap.  Based on that, he then arrested both and charged them with Public Sexually Indecency.  We were able to show the prosecutor that the officer never actually saw Mr. G.’s penis, therefore the case was overcharged.  The prosecutor agreed to reduce it down to a simple Disorderly Conduct and Dismiss the sex crime.

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