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Category Archives: 2100 Superior Court Victories

REDUCED | 2 COUNTS SEXUAL ASSAULT/2 COUNTS AGGRAVATED ASSAULT (with gun) REDUCED to ATTEMPT with PROBATION and ZERO DAYS in JAIL – State v. Mr. G. (DMC No. 5516) (Maricopa County Superior Court CR2005-007472): Mr. G. had found out that his soon to be ex-wife had been cheating on him.  He also found out that she had been lying for years about the true paternity of their child (it was not his).  He was accused of threatening her with a gun, and then sexually assaulting her on two different occasions.  Through our investigation, we found out that Ms. G. had witnesses mislead the police about Mr. G. pointing a gun at her.  In addition, it appeared that their sexual relations were consensual.  We convinced the Prosecutor to reduce the case down to 1 count of “attempted aggravated assault” with probation and zero days in jail.  Originally, Mr. G. was facing a potential of over 4 decades in prison.

 

 

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | FELONY AGGRAVATED ASSAULT/TRESPASS – State v. Mr. W. (DMC No. 5886) (Maricopa County Superior Court CR2005-118677): Mr. W. was a black male who was currently a Sergeant in the U.S. Air Force. He was off duty at the Metro Centre Mall, when police officers came up and told him to leave because the mall was closed. He indicated that he was talking to some girl’s, and he would be leaving momentarily. The Officers became upset and threatened Mr. W. with a taser and charged him with aggravated assault and criminal trespassing. At trial, we were able to show through witnesses that the police overreacted and were treating Mr. W. as if he were a gang member. The Judge found Mr. W. not guilty of all charges.

CONVICTION REVERSED | ARMED ROBBERY

State v. Mr. S. (DMC No. 1157) (Pima County Superior Court No. CR0143582): Mr. S. has been involved in drugs and various other unhealthy activities which led him and his girlfriend to be arrested and convicted for robbing a convenience store. Because of Mr. S.’s prior criminal convictions, he was sentenced to 35 years to life in prison. Although he had already spent 17 years in prison when we received the case, we were able to show that his trial counsel had a conflict of interest when representing both Mr. Smith and his girlfriend. The Court agreed, and his conviction was reversed. The State chose not to re-try Mr. S., and he did not return to prison (saving him from another 18 years to life in prison).

For more information on appealing a conviction in Arizona, please call our office at (602) 307-0808.

DISMISSED | RESISTING ARREST/CRIMINAL DAMAGE – State v. Mr. A. (Maricopa County Superior Court No. 0101602FE): Mr. A. was arrested for an alleged DUI violation in which his breath alcohol content was a .103. As he was being arrested, police claim that Mr. A. became angry and slammed his head into the cross support pillar of the police vehicle. He was charged with Resisting Arrest and Criminal Damage. Due to the circumstances surrounding the case, we were able to have all charges dismissed by the Maricopa County Attorney’s Office.

REDUCED (ALL) | 2 COUNTS of FRAUD SCHEMES ($1.5 million dollars)/8 COUNTS of THEFT and 1 COUNT CONSPIRACY all REDUCED to SOLICITATION with PROBATION and ZERO DAYS JAIL – State v. Mr. T. (DMC No. 9738) (Maricopa County Superior Court CR2009-007971): Mr. T. and co-defendants developed a condominium resort in Rocky Point, Mexico by the name of “The Pointe”.  They began selling the condominiums in Arizona without the proper Arizona Department of Real Estate disclaimer.  After they collected approximately $1.8 million dollars, they could not secure financing to finish the project.  Approximately $1.5 million dollars of that money was spent and could not be recovered.  We were able to show the Prosecutor and the court that there was no real criminal intent on Mr. T.’s part, and that he was making great strides to pay back the restitution.  He was ultimately only given a single count of “solicitation of theft” with probation and zero day’s jail.  The co-defendants were not as lucky.

 

CONVICTION REVERSED | SEXUAL CONDUCT WITH A MINOR – State v. Mr. C. (DMC No. 9441) (Pima County Superior Court No. CR2007-2716): Mr. C. had been accused of molesting his step-granddaughter (who was adopted). He used a Court-appointed attorney and was convicted and sentenced to 13 years in prison. We were able to show that the prosecutor had improperly struck jurors who were similar to Mr. C. (i.e., older white males), in violation of Batson v. Kentucky, and the Court of Appeals reversed his conviction. When the case came back, we were able to point the multitude of flaws in the State’s evidence, and the prosecution decided not to re-try Mr. C. Although he had spent 20 months in jail, this was far short of the 13 year conviction he had previously received.

To learn more about the penalties in Arizona for Sexual Misconduct with a Minor or to speak with an Arizona Appeals Lawyer, please call our office at (602) 307-0808.

DISMISSED | Felony Criminal Damage – (Maricopa County Superior Court No. 2002097364CR): Mr. H. was charged with Criminal Damage after allegedly driving on a dirt road in the middle of the desert and striking a Palo Verde tree. This particular tree was smack in the middle of the dirt road, and the road split and went around each side of the tree. Because police believed he was intoxicated at the time, and he had a prior felony conviction, they charged him with Felony Criminal Damage. Even though his public defender had plead him to a couple of years in prison based on this charge, we were able to withdraw the plea, do an extensive investigation and have the charges dismissed entirely by the Maricopa County Attorney’s Office.

DISMISSED | FELONY CRIMINAL DAMAGE – (Pinal County Superior Court No. 200201480CR): Mr. R. was going through a divorce when his soon to be ex-wife accused him of damaging her vehicle. Mr. R had been keeping an extensive log of activities due to previous false allegations by his wife. Through an extensive investigation, we were able to show that she was untruthful, and the Pinal County Attorney’s Office dismissed all charges.

DISMISSED | FELONY CRIMINAL DAMAGE – (Maricopa County Superior Court No. 0202109CR): Mr. C. was a dorm resident at ASU University. Another resident called police and claimed that approximately 2 months earlier she had witnessed him tearing down ceiling tiles in the dorm, which resulted in approximately $250.00 in damage. Due to the obvious discrepancies in her story, we were able to have the Maricopa County Attorney’s Office dismiss all charges.

CONVICTION REVERSED/ SENTENCE REDUCED | AGGRAVATED ASSAULT (with gun) ON POLICE OFFICER: 10.5 YEAR PRISON SENTENCE LATER REDUCED to DISORDERLY CONDUCT with TIME SERVED and IMMEDIATE RELEASE – State v. Mr. C. (DMC No. 11625) (Maricopa County Superior Court CR200-131155): Mr. C. had been asleep inside his house when he was awakened by various police officers and a police helicopter searching for a burglary suspect. He walked outside and stood on his lawn with a gun in his hand that was inside of its holster. An off duty officer came and told Mr. C. to get back in his house, and Mr. C. stated it was his right to stand on his lawn. The officer became concerned because Mr. C. was holding a holstered gun, so he tased Mr. C., and he was taken into custody. Mr. C. was charged with Aggravated Assault with a Deadly Weapon against a police officer, which carries a mandatory minimum of 10.5 years in prison. His trial attorney neglected to tell him that if he went to trial, that he would not be eligible for the mitigated term of 7 years. He then went to trial and questionable testimony was given from several of the officers, and he was convicted. He hired another law firm to do his appeal, and the conviction was upheld. Our firm was hired to handle his Post Conviction Relief Petition under Rule 32, and we secured a Hearing in which the media became involved. Ultimately, the conviction was set aside and a new plea deal was offered to Mr. C. for a plea of Disorderly Conduct with “time served”. Mr. C. was released that same day after having spent over 3 years in prison due to his previous lawyer’s representation.

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