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August 13, 2015
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 79F Second Degree Murder Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. G (DMC No. 9275)

CONVICTION REVERSED | SECOND DEGREE MURDER – (DMC No. 9275) (Maricopa County Superior Court No. CR2006-04688): Ms. G. had previously been convicted of Second Degree Murder after she shot her nephew twice in the head. At the time of the incident she was almost 60 years old and her nephew was in his early 20’s. He was very abusive to her, and was attacking her when she utilized her gun for self-defense. Unfortunately, Ms. G. used a Court-appointed attorney and was convicted and sentenced to 12 years in prison. Through searching the trial record we were able to show that her attorney was ineffective and did not present the proper jury instructions. After we filed our Post-Conviction Relief Petition, the judge agreed and reversed her conviction.

To speak with a Appeals Lawyer in Arizona, please call our offices at (602) 307-0808.

 

August 12, 2015
Posted on Author By dmcantor Categories 1400 Appeal/Post Conviction Relief/Habeas Corpus Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. N (DMC No. 504)

CONVICTION REVERSED | VEHICULAR AGGRAVATED ASSAULT

State v. Mr. N. (DMC No. 504) (Maricopa County Superior Court No. 9408459): Mr. N. was involved in a DUI accident in which the victim suffered several broken bones. On the day of trial with Court-appointed counsel, he was talked into taking a plea agreement to 5 years in prison. After his conviction, his wife hired us to look into the evidence. We discovered there was a very strong Motion to Suppress his blood alcohol concentration, which was not argued by trial counsel. After we filed our Post-Conviction Relief Petition, a hearing was held in which his court-appointed counsel admitted he did not understand the law. The conviction was reversed and the State then extended an offer to a plea with time served. Mr. N. did not have to return to prison, and wound up serving only a little over 1 year in custody.

For more information about working with an Arizona Appeals Lawyer, please call our offices at (602) 307-0808.

August 12, 2015
Posted on Author By dmcantor Categories 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. L (DMC No. 4516)

VEHICULAR AGGRAVATED ASSAULT (.243 BAC) REDUCED to probation with 1 year of jail and work release – State v. Mr. L. (DMC No. 4516) (Maricopa County Superior Court CR2004-035234): Mr. L. was observed by police driving in an erratic manner.  Subsequently, a car chase ensued in which several cars were struck, including the police officers.  Mr. L. was taken into custody and a blood alcohol concentration of .243 was obtained.  He was also charged with VEHICULAR AGGRAVATED ASSAULT on a Police Officer and faced a minimum of 10.5 years in prison.  We were able to convince the prosecutor that the officer was in no real danger and due to Mr. L.’s youth, she extended a “no agreements” offer which subjected Mr. L. to anywhere from probation, to prison of 3 to 12.5 years.  At sentencing, we secured a probation sentence from the judge along with 1 years of jail (as opposed to prison) which allowed Mr. L. to serve nights and weekends in jail, and attend school and work during the day.

August 12, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 45 Theft Reduced, 700 Property Crime Victories, 91 Criminal Damage Reduced, 94 Burglary Victories, Case Victories, Coconino County Superior Court Victories

State v. Mr. P (DMC No. 5012)

REDUCED (ALL) | THEFT ($160, 000)/BURGLARY (with prior) and CRIMINAL DAMAGE all REDUCED from 7 YEAR PRISON offer to 2.5 YEARS “soft” – State v. Mr. P. (DMC No. 5012) (Coconino County Superior Court CR04-0292): Mr. P. was accused of breaking into numerous County buildings along with several co-defendants and stealing $160,000 worth of computer equipment and other property.  Because he had a prior conviction, he was facing decades in prison.  With his previous attorney, he was being asked to plead to 7 years in prison.  When we took over the case, we were able to demonstrate mitigating factors (along with flaws in the case), and secure a 2.5 year “soft” offer.  Mr. P. only served 22 months in custody.

 

August 7, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300C Partial Bench Trial Acquittal, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 50A Assault / Violent Crime Bench Trial Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. H. (DMC No. 5092)

PARTIAL ACQUITTAL at BENCH TRIAL | 2 COUNTS FELONY AGGRAVATED ASSAULT on Police Officer – State v. Ms. H. (DMC No. 5092) (Maricopa County Superior Court CR2004-041976): Ms. H. had received news from her bi-polar son that he was going to commit suicide. She flew to Arizona and contacted officers to do a “welfare check” at his hotel. When officers arrived with Ms. H., they gave commands to her son and drew their weapons. Ms. H. became concerned, and jumped on the officers backs and yelled at them “don’t shoot, don’t shoot”. Both Ms. H. and her son were arrested. Ms. H. was charged with 2 counts of aggravated assault on police officers, along with 2 misdemeanor assault counts. At trial, we convinced the Judge to find her not guilty of the 2 felony counts.

August 4, 2015
Posted on Author By dmcantor Categories 100A Computer Crime Victories, 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 47G Extortion Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. Q. (DMC No. 10843)

REDUCED | COMPUTER TAMPERING/THEFT by EXTORTION ($27,000) REDUCED to CRIMINAL IMPERSONATION class 6 open/Misdemeanor with PROBATION and ZERO DAYS JAIL – State v. Ms. Q. (DMC No. 10843) (Maricopa County Superior Court CR2011-005962): Ms. Q. was fired from her company, and before she left she logged in on her boss’s computer and sent herself an email making it look like she had been threatened and sexually harassed by her boss. She then went to the HR Department and began negotiations regarding a $27,000 settlement. When all of this was discovered, she was charged with computer tampering and extortion. We were able to have the case reduced to a simple “Criminal Impersonation”, which involved probation and no jail. At the conclusion of probation, her case was designated a misdemeanor, and Ms. Q. has no felony on her record.

August 1, 2015
Posted on Author By dmcantor Categories 103 Other Crimes Victories, 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 47M Insurance Fraud Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. V (DMC 10132)

REDUCED | FELONY FALSE INSURANCE CLAIM – (Maricopa County Superior Court No. CR2010-163256-002)(DMC 10132): Mr. V. was accused of driving his girlfriends BMW into Mexico, abandoning it there, and then assisting her in filing a false insurance claim.  He was later interviewed by the insurance company and stated that the car was left in the driveway with the key in the ignition in Arizona.  Due to the fact that he was merely assisting his girlfriend and did not receive any benefit, we were able to negotiate a plea to a Misdemeanor which included 6 months of unsupervised probation and 0 days in jail.  His girlfriend used a different attorney and went to prison.

July 6, 2015
Posted on Author By dmcantor Categories 100B Conspiracy Victories, 2100 Superior Court Victories, 600 Drug Crimes Victories, 84 Drug Sales/Transportation Reduced, Apache County Superior Court Victories, Case Victories

State v. Ms. S (DMC No. 7531)

CONSPIRACY to TRANSPORT DANGEROUS DRUGS (Meth) for SALE and TRANSPORTATION of DRUGS for SALE REDUCED to POSSESSION of DRUG PARAPHERNALIA (Class 6 Open/Misdemeanor) with PROBATION and ZERO DAYS in JAIL- State v. Ms. S (DMC No. 7531) (Apache County Superior Court CR2006-280): Ms. S was a drug addict who also had bipolar disorder who was staying at her aunt’s just prior to checking into rehab. Her drug addict boyfriend showed up and convinced her to get in a car in order to travel to New Mexico. While driving they were stopped by the Police for minor traffic infraction and a large amount of cash and packaged methamphetamine was found in the vehicle. Both Ms. S and her boyfriend were arrested and charged.

We became involved and filled multiple Motions regarding the questionable nature of the stop. We also pointed out that it would be difficult for the state to prove Ms. S had knowledge of what was in her boyfriend’s car. Ultimately we secured a Plea Agreement which gave Ms. S Probation with zero days in jail. Unsuccessful completion of Probation, her case was designated a Misdemeanor and she had no Felony convictions on her record. Her ex boyfriend was not as lucky.

July 2, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 45 Theft Reduced, 47A Mortgage Fraud Victories, 47J Forgery Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 6028)

REDUCED | 8 COUNTS of FRAUD SCHEMES and MORTGAGE FRAUD/5 COUNTS of ID THEFT/7 COUNTS of FORGERY and 1 COUNT of THEFT REDUCED to a SINGLE COUNT of FORGERY with PROBATION and 60 DAYS JAIL – State v. Mr. M. (DMC No. 6028) (Maricopa County Superior Court CR2005-011595): Mr. M. was being accused of being involved in fraudulent real estate loans that included “straw buyers” which resulted in $1.5 million of fraudulent loans.  We were able to show that Mr. M. did not know that the loans were to straw buyers, and that he did not receive any kickbacks from the co-defendants.  The only thing Mr. M. was guilty of was a single count of forgery.  Although he was facing decades in prison, we were able to get the case reduced to a simple probation with 60 days in jail.  The co-defendants were not as lucky.

 

 

January 26, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Coconino County Superior Court Victories

State v. Mr. R. (DMC No. 8086)

REDUCED | 3 COUNTS of SEXUAL ASSAULT; 3 COUNTS of KIDNAPPING; 7 COUNTS of SEXUAL ABUSE; 2 COUNTS of ATTEMPTED SEX ABUSE and 1 COUNT of ATTEMPTED KIDNAPPING REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. R. (DMC No. 8086) (Coconino County Superior Court CR2007-0480): Mr. R. was a high level fire fighter in Flagstaff, Arizona who was accused of sexually assaulting his sister in law. His sister in law had been going through psychological counseling and had a “breakthrough” regarding “finding the strength to come forward”. She reported to Detectives that she had been groped, held and sexually assaulted multiple times since 1986 by her brother in law (a period spanning some 20 plus years). When Mr. R. was questioned by Detectives he admitted that he had a relationship of a sexual nature with her for some time, but stated it was fleeting in nature.

He was subsequently charged with 3 Counts of Sexual Assault (ARS 13-1406), 3 Counts of Kidnapping (ARS 13-1304), 7 Counts of Sexual Abuse (ARS 13-1404), 2 Counts of Attempted Sexual Abuse (ARS 13-1001 and 13-1404), and 1 Count of Attempted Kidnapping (ARS 13-1001 and 13-1304). Through extensive interviews with various family and community members, we were able to show that this had appeared to be a somewhat flirtatious and consensual relationship. However, due to the alleged “victims” statements, Mr. R. agreed to accept a plea that involved Probation and zero days in jail. If he were to have gone to trial and lost he could have easily spent his life in prison. Because he did admit that his advances may have been unwanted he agreed to accept the plea.

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