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December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38A Failure to Register as a Sex Offender Victories, Apache County Superior Court Victories, Case Victories

State v. Mr. S (DMC No. 12405)

(2 Counts) Felony Failure to Register as a Sex Offender Reduced to Probation with Zero Days in Jail  – State v. Mr. S (DMC No. 12405) (St. John’s Justice Court/Apache County Superior Court CR2014-0175): Mr. S and his wife lived in Michigan and they bought a vacation home in Concho, Arizona in Apache County.  They would come out several days at a time and stay at that vacation home before travelling back to Michigan.  At some point, Mr. S’s wife became embroiled in a dispute with a neighbor and an Order of Protection was issued in which the police became involved.  The neighbor did some research and informed police that Mr. S was a registered sex offender.  The police then discovered that he had not registered in the State of Arizona per Arizona Revised Statute ARS 13-3821.

After he was arrested and charged with 2 counts of Failure to Register – 1 count for Failing to Register as a transient every 90 days, and 1 count for Failure to Register within 10 days of remaining in Apache County – we became involved in the case.  We were able to show by tracking down telephone logs that Mr. S and his wife had indeed called the Apache County Sheriff’s Office several times to get information on whether they had a duty to register.  In addition, Mr. S had received erroneous information from prior counsel telling him that he did not have to register.  Because it was possible that these defenses could be successful at trial, the Prosecutor agreed to reduce the charge down to Probation with zero days in jail.  If Mr. S had gone to trial and lost, he would have been facing mandatory prison time.

December 27, 2018
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 300 Sex Crime Victories, 38A Failure to Register as a Sex Offender Victories, Case Victories

State v. Mr. N (DMC No. 13283)

Conviction Reversed on Appeal Failure to Register as a Sex Offender – State v. Mr. N (DMC No. 13283) (Arizona Court of Appeals No. 2 CA-CR 2014-0420; 2 CA-CV2015-0102):  Mr. N had been convicted in Illinois for the crime of attempted indecent solicitation of a child.  He was ordered to register as a sex offender.  He later moved to Arizona, and registered pursuant to Arizona Revised Statute ARS 13-3821.  Some years later, Mr. N received notice from the State of Illinois that he was no longer required to register as a sex offender.  We then filed a petition to terminate his registration requirement in Arizona.  The Trial Court denied that Petition, and then we appealed to the Arizona Court of Appeals.

We argued that the elements of the crime for Indecent Solicitation of a Child in Illinois differed from Arizona’s laws requiring Luring a Minor for Sexual Exploitation.  The court determined that Mr. N could have violated the Illinois statute in several ways that would not have constituted a violation of Arizona Revised Statue ARS 13-3554 (see: “Luring of a Minor for Sexual Conduct“).  Therefore, the Court of Appeals reversed the Trial Court’s decision and Mr. N was no longer required to register as a sex offender in the State of Arizona.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38A Failure to Register as a Sex Offender Victories, Case Victories, Pinal County Superior Court Victories

State v. Mr. M (DMC No. 12196)

Felony Failure to Register as a Sex Offender Dismissed – State v. Mr. M (DMC No. 12196) (Pinal County Superior Court CR2014-00369):  Mr. M had committed a sex offense in another state before moving to Arizona.  He had been registering in Arizona as required by Arizona Revised Statute ARS 13-3821.  He was going to move to Europe, and he came into the Pinal County Sherriff’s Office and informed them he was moving to Europe, but did not yet have an address. They then told him to send the address once he arrived there.  He ended up moving to Greece, and then when he came back into town, he was arrested as he was attempting to get back on the airplane to fly back to Greece.  He was held on a $50,000 bond and charged with Failure to Register as a Sex Offender per Arizona Revised Statute ARS 13-3821.

We were able to research his prior conviction and show that the “Adjudication had been Withheld”, which called into question whether he needed to register at all.  In addition, we showed the prosecutor attempted compliance when he went in and spoke with the Sherriff’s Office.  They were the ones who in fact told him he could leave the country. Ultimately, the prosecutor agreed and dismissed all charges.  Originally Mr. M was facing mandatory prison time.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38A Failure to Register as a Sex Offender Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 13348)

Felony Failure to Register as a Sex Offender Dismissed – State v. Mr. S (DMC No. 13348) (Maricopa County Superior Court CR2015-143557): Mr. S had been convicted of a misdemeanor sex crime in another state.  He was required to register in that state, and when he moved to Maricopa County, he began registering in Arizona per Arizona Revised Statute ARS 13-3821 (see: “failure to register as a Sex Offender“).  He had conducted his annual registration every year since 2008 to 2015, plus every time he moved.  The last time he moved, he changed the address on his driver’s license and thought that would satisfy the requirements.  The police showed up to his work and found he was not at work, they then went to his house and arrested him.

We did extensive research and were able to determine that the crime he was convicted for in another state would not qualify as a crime in which required registration.  In addition, we were able to get the other state to remove the registration requirement, as they had a registration time limit which had expired.  We then sent all of the proof to the Prosecutor, and he agreed to Dismiss all charges.  Lastly, we followed up the Sex Offender Compliance Office in the State of Arizona, and they corrected the information in their system, thereby showing Mr. S no longer needs to register.  Originally, he was facing mandatory prison time, and instead all charges were Dismissed.

December 27, 2018
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 26-27 Luring a Minor Victories, 27A Luring a Minor Pre-Charge Victories, 300 Sex Crime Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. T (DMC No. 13971)

Felony Luring a Minor for Sexual Purposes, Felony Sexual Exploitation of a Minor/Child Pornography, & Felony Furnishing Harmful or Obscene Materials to a Minor Not Charged – State v. Mr. T (DMC No. 13971) (South Carolina Sheriff’s Office Investigated):  Mr. T was on the website “Plenty of Fish” and had conversations with numerous women who were 18 years of age and older.  He received a call from somebody purporting to be a Deputy from the South Carolina Sherriff’s Office claiming that he had gotten a call from an under aged girl’s father stating that Mr. T had sent photos of his penis to her.  Mr. T denied this and the Detective indicated that he was lying.  The Detective also indicated that Mr. T had spoken to the victim’s father, who had called him.

In reality, Mr. T had spoken to some girls who stated they were over the age of 18.  Two of them had sent him unsolicited photos of themselves naked.  When we got involved, we began contacting the South Carolina Sherriff’s Office and they had never heard of the Deputy who had contacted Mr. T. Through more investigation, we had discovered that this was an ongoing scam, conducted by scammers who would pose as women and send naked photos to men all over the country, then shake them down for financial payments with the threat of prosecution.  If Mr. T were actually charged with these crimes and convicted, he could have spent well over 20 years in prison.  Because we exposed this as a scam fairly quickly, he did not end up sending the “ransom money” that had been requested of him.  No charges were ever brought, and he has no blemish on his record.

December 21, 2018
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, 32 Indecent Exposure Pre-Charge Victories, 33-35 Public Sexual Indecency Victories, 35 Public Sexual Indecency Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. O (DMC No. 13977)

Felony Indecent Exposure, Felony Public Sexual Indecency & Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Not Charged – State v. Mr. O (DMC No. 13977) (Goodyear Police Department DR2015-XXXXX):

Mr. O had been in a custody battle with his ex-wife for several years.  They had three children together.  During one of the custody exchanges, she called police on him claiming that he had molested a step daughter who lived with them.  She claimed that this molest happened 18 years prior.  Detectives had contact with the alleged victim, and she stated that she had been molested when she was 10 or 11 years old by Mr. O.

We became involved and contacted the Detective immediately.  We provided him with information regarding the custody battle of the three smaller boys, and were able to show that the mother was using this as leverage against him in their current custody battle.  We also provided information about the alleged victim (who is now 28 years old) showing that she did not have a character worthy of truth or veracity. Ultimately, when the Detective wished to bring in the daughter to talk to her about these things, they indicated she did not wish to proceed with prosecution.  The case was “inactivated” at that time.  The original charges of having Sexual Conduct with a Minor under 14, along with Indecent Exposure and Public Sexual Indecency (allegations of masturbation in front of a child,) would have carried a prison sentence that would have placed Mr. O in prison for the rest of his life.

December 21, 2018
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories

United States v. Mr. D (DMC No. 12463)

(Multiples Counts) Federal Felony Possession and Distribution of Child Pornography (1,100 Videos and 2,600 Pictures) Reduced to Probation with 36 Months in Prison – US v. Mr. D (DMC No. 12463) (United States District Court – District of Arizona 2:14-CR-01047-ROS):

FBI Forensic Computer Experts discovered Mr. D on the internet exchanging images and videos of child pornography.  A search warrant was executed on Mr. D’s house and he was arrested.   He admitted his involvement and cooperated.  He was charged with the Federal Statute 18 USC 2252 and 18 USC 2256.  He was facing the rest of his life in prison due to the amount of images he possessed.

We were able to show through Mitigation that he had never actually committed a hands-on offense with a child.  We also conducted a Psycho-Sexual Risk Evaluation we showed him to be a low risk to re-offend and not a threat to the general public.  Lastly, we cooperated with Investigators, and they were allowed to take over his computer user identity, which allowed them to potentially apprehend other violators. We secured a plea agreement that had a range of 5 to 10 years, with the ability for the Federal Judge to depart downward. Ultimately, the Judge agreed with us and did a downward departure to only 3 years in prison.

December 21, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 11964)

Felony Solicitation of Prostitution Reduced to Pandering with Probation and 15 Days in Jail – State v. Mr. M (DMC No. 11964) (Maricopa County Superior Court CR2013-457971):

Mr. M was on a local website and was engaged in a conversation with an undercover Officer posing as a prostitute.  She informed him that she was “almost 17”, and that her fake ID wouldn’t get her cigarettes.  They negotiated various sex acts and he was to bring the cigarettes to a local motel. Once he got there, he had a conversation with the undercover Agent and put a $100 cash on the night stand and indicated the sex acts that he wanted.  Undercover Officers then entered the room and placed him under arrest.

Due to the fact that the Detective was actually 29 years old, and looked 29 years old when he walked into the hotel room, we were able to show that he did not believe the person was actually 16 years old.  It was his intent to turn around and walk out of the room if the prostitute actually looked under age.  We demonstrated that it is common for prostitutes to understate their age in order to attract younger men.  In addition, the fact that she was posing as a prostitute on the website “backpage.com”, it did not appear that the police had entirely clean hands in the matter.  Ultimately, we secured an offer to Pandering with 15 days in jail.  Originally, Mr. M was facing 7 to 21 years in prison.

December 21, 2018
Posted on Author By dmcantor Categories 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, Case Victories, Yavapai County Superior Court Victories

State v. Mr. H (DMC No. 12255)

(3 Counts) Felony Luring a Minor for Sexual Exploitation & (1 Count) Felony Attempted Sexual Conduct with a Minor Reduced to Probation with Zero Days in JAIL– State v. Mr. H (DMC No. 12255) (Yavapai County SuperiorCourt CR2013-80419):

Mr. H was on the Zoosk dating website which requires users to be over 18 years of age.  He contacted a woman claiming to be 21 years old.  This person was actually an undercover Detective.  When he did contact her, she then stated online that she was 13 years old.  At first Mr. H did not believe her that she was only 13 years old.  He then asked for a photo and she sent one of a 13 year old girl (who is now an adult).  The Detective communicated with Mr. H over the course of months. Eventually all the talk became sexual and photographs were sent back and forth which were of a sexual nature.  He also solicited her to meet with him to “take her virginity”.  They discussed the fact that he was 25 and she was 13, and they agreed to meet at a park.  She asked him to bring alcohol and when he pulled up to the park, he was immediately arrested.  He invoked his right to remain silent and was ultimately charged with 3 counts of Luring a Minor for Sexual Exploitation and Attempted Sexual Conduct with a Minor.  He was facing 3.25 to 16.25 years in prison.

We were able to show that Mr. H did not actually believe this person was 13 years old.  He thought it was a game being played by somebody who was actually 21 years old.  We were also able to demonstrate that if he arrived at the park, and she had in fact looked like a 13 year old, he would have immediately left and ceased all communication with her. We were ultimately were able to secure an offer to Probation which included zero days in jail.

December 21, 2018
Posted on Author By dmcantor Categories 100M Tampering with Evidence Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 26-27 Luring a Minor Victories, 27 Luring a 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. G (DMC No. 12843)

(3 Counts) Felony Luring a Minor for Sexual Purposes (Dangerous Crimes Against Children), Felony Tampering with Evidence, Felony Sexual Conduct with a Minor (DCAC) & Felony Furnishing Obscene Material to a Minor Reduced to 3 Counts with 10 Years in Prison – State v Mr. G (DMC No. 12843) (Maricopa County Superior Court CR2014-001975):

Mr. G was a 61 year old teacher at a local elementary school who was accused by another teacher of being “too close” to one of his 14 year old students.  An investigation ensued in which the 14 year old stated that she had sexual intercourse with Mr. G on a couple of occasions.  They had sent sexually explicit photos and text back and forth on her cell phone. Mr. G admittedto everything involved with the cell phones and photos, but he did not agree that he had sex with the victim.  Ultimately a Psycho Sexual Risk Evaluation was conducted and Mitigation materials were put together for the prosecutor.  An offer of 10 to 15 years was received and Mr. G entered into that plea.  At sentencing, the court agreed that he deserved the lowest amount of time under the plea agreement (10 years in prison). He originally was facing the rest of his life in prison.

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