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February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 60-62 Felony Disorderly Conduct/Threats Victories, 61 Felony Disorderly Conduct/Threats Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. P (DMC No. 4845)

REDUCED | FELONY DISORDERLY CONDUCT with a GUN (Dangerous) REDUCED to CLASS 6 OPEN/MISDEMEANOR DISORDERLY CONDUCT with 60 DAYS JAIL DEFERRED– State v. Mr. P. (DMC No. 4845) (Maricopa County Superior Court CR2004-124472): Mr. P. and his wife had been in a bar, when he was dropped off at home while she went to run an errand with her 5 year old.  When she got back, 6 shots had been fired from a gun inside the house, and Mr. P. was passed out.  The police arrived and charged Mr. P. with felony disorderly conduct dangerous, which carries a prison range of 1 ½ to 3 years in prison.  We were able to argue that nobody else’s peace was disturbed and the police were only called after the fact. We were able to have the case reduced to a class 6 open disorderly conduct with 60 days of deferred jail.  Upon successful completion of probation, Mr. P. did not have to do any jail and his conviction became a mere misdemeanor.  He has no felony on his record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Pinal County Superior Court Victories

State v. Mr. B (DMC No. 10554)

CHILD ABUSE REDUCED to a CLASS 6 OPEN/MISDEMEANOR AGGRAVATED ASSAULT with PROBATION and ZERO DAYS JAIL – State v. Mr. B. (DMC No. 10554) (Pinal County Superior Court CR2011-02622): Mr. B. was accused of slapping a 7 year old in the face, giving him a black eye and striking him with a belt multiple times.  Mother and father had since separated, and she had taken the kids out of State without going through the Family Law Court.  Mr. B. made several admissions to disciplining his son, but stated that the mother was exaggerating. We were able to have the case reduced down from class 4 felony to a class 6 open which involved probation and no jail.  Once probation was completed, the case became a misdemeanor.  Mr. B. has no felony on his record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 67 Child/Vulnerable Adult Abused Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C (DMC No. 10411)

CHILD ABUSE REDUCED to MISDEMEANOR HINDERING PROSECUTION – State v. Ms. C. (DMC No. 10411) (Maricopa County Superior Court CR2011-006084): Ms. C. was accused by the school of striking her daughter in the eye and giving her a black eye.  The daughter later stated that she was placed into the corner for a time out, and she accidently fell over and struck the hinge on the door.  Due to some potentially incriminating statements, the case did not go to trial and instead was plead down to a misdemeanor “hindering prosecution” with 37 days of jail.  There is no conviction or felony on Ms. C.’s record.

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. W (DMC No. 5757)

CHILD ABUSE DISMISSED – State v. Ms. W. (DMC No. 5757) (Maricopa County Superior Court CR2005-048444): Ms. W. had previously been convicted of child abuse and was on probation.  When she had gone to daycare, she saw that her child had a small blood blister on his ear.  When she begun accusing the daycare center, they then called CPS on Ms. W.  Ms. W. was subsequently charged with child abuse by Grand Jury.  We were able to get the case dismissed based upon a faulty Grand Jury proceeding.  Ms. W. was facing a presumptive of 4.5 years in prison.

 

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 66 Child/Vulnerable Adult Abuse Dismissals, 66-68 Child/Vulnerable Adult Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. G (DMC No. 5530)

CHILD ABUSE DISMISSED – State v. Ms. G. (DMC No. 5530) (Maricopa County Superior Court CR2005-115311): Ms. G.’s daughter reported to being molested by her biological father, as well as her step father.  When police questioned Ms. G., she denied any knowledge of the biological father molesting her daughter.  She did, however, state that she had some knowledge of her daughter making a previous allegation against her step father.

The step father was eventually arrested and admitted to molesting the step daughter.  Ms. G. was charged with child abuse for not immediately reporting her daughter’s allegations to police.  We were able to show that Ms. G. was reasonable in not believing her daughters claims, as she had investigated them back when it was first reported.  All charges were dismissed against Ms. G.

 

February 4, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography 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. C (DMC No. 4292)

REDUCED | 2 COUNTS of CHILD PORNOGRAPHY/4 COUNTS of FURNISHING OBSCENE MATERIALS to a MINOR REDUCED to PROBATION with ZERO DAYS JAIL – State v. Mr. C. (DMC No. 4292) (Maricopa County Superior Court CR2003-036856): Mr. C. was going through a nasty child custody battle when his baby’s mother accused him of molesting their 2 year old daughter.  There was no evidence of any molest, and charges were not brought regarding Sexual Conduct with a Minor.  However, charges were brought that Mr. C. had allegedly distributed pornography to a teenage male who lived in the same apartment complex.  Also, there were allegations of child pornography on his computer.  We were able to have the case reduced to a single count of furnishing harmful or obscene materials to a minor with probation and zero days jail.  Originally Mr. C. could have been facing 20 years minimum in prison on just the 2 counts of child pornography.

February 3, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 10510)

FELONY AGGRAVATED DUI (.139 BAC with child in car) REDUCED to a misdemeanor DUI with 10 days jail – State v. Mr. C. (DMC No. 10510) (Maricopa County Superior Court CR2011-158057): Mr. C. was seen by another motorist travelling with two children in his car and weaving on and off the roadway onto the dirt shoulder.  The concerned motorist called police and they subsequently pulled over Mr. C. and arrested him.  He provided a .139 BAC, and was charged with FELONY AGGRAVATED DUI.  We were able to convince the prosecutor that Mr. C. would lose his professional license if he had any type of felony on his record.  We were offered a class 6 “open” plea, which was designated an immediate misdemeanor at the time of sentencing.  Mr. C.’s professional license was not affected, and he has no felony conviction on his record.

February 2, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S. (DMC No. 4843)

FELONY AGGRAVATED DUI (.125 BAC) REDUCED to a 6 open/misdemeanor with 1 day in jail – State v. Mr. S. (DMC No. 4843) (Maricopa County Superior Court CR2004-014717): Mr. S. was stopped on the Metro West Parkway on his motorcycle, in which his 8 year old daughter was riding in the back without eye protection or a helmet.  He was ultimately arrested for DUI and provided a breath test which resulted in a .125 BAC.  Even though he was charged with felony DUI and facing a potential of 2 years in prison, we were able to secure an offer in which he ultimately earned a misdemeanor and only served 1 day in jail.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 9 Felony Aggravated DUI’s Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M. (DMC No. 6616)

REDUCED | FELONY AGGRAVATED DUI (.119 BAC) REDUCED to misdemeanor – State v. Mr. M. (DMC No. 6616) (Maricopa County Superior Court CR2005-032184): Mr. M. was stopped for allegedly failing to yield when pulling out of a private drive.  He was subsequently arrested a provided a breath alcohol sample of .119 BAC.  He was charged with felony Aggravated DUI and was facing a minimum of 4 months in prison, and a maximum of 3.75 years.  We were able to successfully attack the prior conviction, thereby forcing the prosecution to reduce his case to a misdemeanor.

February 1, 2014
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 8 Felony Aggravated DUI Dismissals, Case Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 5622)

DISMISSED | FELONY AGGRAVATED DUI (.118 BAC) – State v. Mr. T. (DMC No. 5622) (Maricopa County Superior Court CR2005-005588) DISMISSED at EVIDENTIARY HEARING due to RIGHT to COUNSEL ISSUE: Mr. T. was found in his vehicle sleeping roughly 3 to 4 feet away from the curb. The car was in park, and the lights were off. Due to a prior DUI and suspended license, Mr. T. was charged with felony aggravated DUI. Because of potential actual control issues, and denial right to counsel, several Motions were filed. At Evidentiary Hearing, the Judge found that Mr. T.’s right to counsel was violated, and the case was dismissed.

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