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August 11, 2007
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 7116)

NOT CHARGED/DISMISSED | SEXUAL ASSAULT/KIDNAPPING – In 2007, Mr. R was accused of sexually assaulting a girl in a bar parking lot. We were able to show that, through witnesses, the girl willingly went with Mr. R into a parking lot vehicle and, was not kidnapped. In addition, the bar in question had a parking lot surveillance tape and the police were ordered by the Court to seize that tape. Because the police did not act for several months, the entire video system was replaced and the tape was lost forever. Motions were filed regarding the destruction of potentially exculpatory evidence, and the State dropped all charges.

August 11, 2006
Posted on Author By dmcantor Categories 13-15 Vehicular Aggravated Assault Victories, 14 Vehicular Aggravated Assault Reduced, 15A Vehicular Homicide Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 63-65 Homicide Victories, 64 Homicide Reduced, 79G Manslaughter Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. C (DMC No. 6134)

REDUCED | Vehicular Manslaughter and Aggravated Assault Ms. C was accused of traveling 80 miles per hour in a 55 mile per hour zone with barbiturates in her system when an accident occurred taking the lives of two people and injuring three others. We were able to show that there was a faulty drug analysis and were not barbiturates in her system. In addition, by performing an accident reconstruction, along with analyzing the “black box” (data recorder) in her vehicle, we proved that her speed was not 80 miles per hour. After numerous plea negotiations we finally obtained a plea for Negligent Homicide, which involved probation and two years of jail (with work release). Her original exposure was as high as 42 years in prison.

Maricopa County Superior Court No. CR2004-014836

June 27, 2006
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 6262)

Mr. C was 18 years old and dating his 16 year old girlfriend. They had gone out to dinner at a fast food restaurant, and Mr. C was pulled over for a Minor Traffic Violation. After the Officer left, Mr. C. sat on the curb because he wasn’t feeling well. His girlfriend went through his phone and saw a text message from another girl and she “flipped out”. She began attacking Mr. C., and Mr. C. tried to calm her down for about 20 minutes before driving her home.

The girlfriend then called Police and claimed that she was assaulted by Mr. C. and was not allowed to leave his vehicle. Mr. C. was ultimately charged with a Class 2 Felony Kidnapping. At Jury Trial, we were able to show that his girlfriend’s story did not match up with what she had originally told Detectives. She had claimed that a friend had come by and witnessed the assault, but could not identify the friend. At the close of all evidence. The Jury was to deliberate regarding the Felony Kidnapping under Arizona Revised Statute ARS 13-1304, as well as the “Lesser Included Offenses” of Felony Attempted Kidnapping and Felony Unlawful Imprisonment under Arizona Revised Statute ARS 13-1303.

After a short deliberation, they returned a verdict of Not Guilty on all 3 charges. If Mr. C had not received a Complete Acquittal, he would have been facing a Potential of over 10 years in Prison.

April 28, 2006
Posted on Author By dmcantor Categories 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C. (DMC No. 4989)

THEFT of MEANS of TRANSPORTATION REDUCED to MISDEMEANOR with ZERO DAYS in JAIL – State v. Mr. C. (DMC No. 4989) (Maricopa County Superior Court CR2004-129964): Mr. C. was an ASU college student who was with friends when he took a Sheraton passenger bus for a “joy ride”.  The bus ended up at his fraternity house and he was charged with auto theft.  We were able to show the Prosecutor that his was merely a prank and he was not intending to permanently keep the vehicle.  We were offered a class 6 “open”, which allowed us to secure a misdemeanor at the time of sentencing with probation and zero days in jail.  Mr. C. has no felony conviction on his record, and it did not affect his status as a student at ASU.

October 28, 2005
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 2100 Superior Court Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 5295)

REDUCED | FRAUD SCHEMES REDUCED to THEFT of CREDIT CARD with ZERO DAYS JAIL – State v. Mr. M. (DMC No. 5295) (Maricopa County Juvenile Court JV536764): Mr. M. was accused of taking the identity of others and opening credit card accounts. He would then have Apple computers shipped to his house. Upon execution of a search warrant, various items were found implicating him to fraudulent schemes. He was subsequently charged with identify theft, theft of a credit card and fraud schemes. We were able to keep the case in juvenile court, and reduce his charges to a simple credit card theft, which involved probation and 40 hours of community service only.

August 26, 2005
Posted on Author By dmcantor Categories 1000 Complete Jury Trial Acquittals / All Criminal Charges, 2100 Superior Court Victories, 600 Drug Crimes Victories, 80 Drug Crime Jury/Bench Trial Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. T. (DMC No. 5566)

Mr. T was seen by a Mesa Police Officer near 6th Street and Standage, possibly sleeping in his vehicle. The Officer ran a license plate check, and because the car came back as belonging to a female owner, he went back in order to make contact with Mr. T. Mr. T drove away as the Officer was pulling up, and he was then pulled over by the Officer. Because he provided a false identification, and his real name revealed that Mr. T had 2 prior Felony Convictions, he was removed from the car, arrested and searched.

2 baggies of methamphetamine, along with some drug paraphernalia were found on Mr. T. He was then charged with Felony Possession of Dangerous Drugs (Methamphetamine) under Arizona Revised Statute ARS 13-3407. Because of his 2 prior convictions, he was facing a possible 15 years in Prison if convicted.

At Trial, we were able to show that the methamphetamine was actually not in his possession, but was in a fanny pack next to Mr. T. Mr. T had told the Police that the fanny pack did not belong to him, but belonged to a person named “Matt” who was a friend of his girlfriend. Because the Police had not fingerprinted the fanny pack or baggies, the Jury found reasonable doubt and returned a verdict of Not Guilty on all charges.

February 16, 2005
Posted on Author By dmcantor Categories 1 DUI / Vehicular Crime Jury Trial Complete Acquittals, 1000 Complete Jury Trial Acquittals / All Criminal Charges, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. W. (DMC No. 5066)

Police were called out to State Trust Land regarding a stranded pickup truck that appeared to try to drive through a cable fence. When Police arrived, they found Mr. W’s truck hung up on a cable with a large amount of transmission fluid leaking under the bottom. Mr. W was reclined in the driver’s seat and was asleep. The Officers claimed that Mr. W’s engine was still on.

After Mr. W was awakened, it appeared that he was extremely intoxicated. The Officer ran a background check and found that he had 2 prior DUI’s from several years earlier. Various empty Budweiser beer cans were found around his truck. When he was asked about drinking, he stated that he drank after the truck got stuck. He also said he had called his wife to come and get him. As Mr. W was being arrested for Felony Aggravated DUI pursuant to Arizona Revised Statute ARS 28-1383, his wife attempted to call him on his cell phone.

At Trial we were able to argue that the State could not prove that the drinking had occurred prior to the accidents. In addition, we argued that they could not prove Mr. W was in “Actual Physical Control” of his truck when he was found by the Officer’s. He was merely using it as a temporary shelter as he waited for his wife to arrive. Even if his engine were running (as the cops claimed), this would be irrelevant as he was currently under “Safe Harbor” according to the law. The Jury agreed and returned the verdict of Not Guilty on all charges. Mr. W was facing a minimum of 4 months in Prison if he were to have been convicted.

August 22, 2003
Posted on Author By dmcantor Categories 1600 Probation Violation Victories, 1800 Sentence Modification Victories, 2100 Superior Court Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 4442)

PROBATION VIOLATION DISMISSED and MOTION to DESIGNATE MISDEMEANOR GRANTED/THEFT – State v. Mr. D. (DMC No. 4442) (Maricopa County Superior Court CR2001-000921C): Mr. D. had plead guilty to felony theft and was sentenced to 2 years of supervised probation.  In the courts minute entry, they put “3 years” on that sentencing document in error.  A Petition to Revoke his probation was subsequently filed, and we were able to go back into the court transcripts and show that the court had made an error as to the length of Mr. D.’s probation.  Not only was the Petitioner Revoked dismissed outright, but we also successfully moved to designate his felony conviction as a misdemeanor.

March 11, 2003
Posted on Author By dmcantor Categories 1100 Partial Jury Trial Acquittals, 2100 Superior Court Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State vs. Mr. M (DMC No. 3602)

Not Guilty | (DMC No. 3602) (Maricopa County Superior Court No. CR2002-097294): Mr. M had a history of psychological problems and post traumatic stress disorder. He had previously been convicted of aggravated burglary; aggravated assault with a weapon; and aggravated assault on a police officer in three different jurisdictions. He had spent over 4 years in jail prior to being charged in Arizona. In Arizona, he was undergoing a psychotic episode and had drunk 14 wine coolers. He had gotten into an argument with his girlfriend and caused damage in a motel before moving on to a local convenient store. He then assaulted several patrons at the convenient store when the police arrived. It took three officers to arrest him and haul him with restraints. They claimed he was kicking, biting and spitting at them. He subsequently was charged with felony aggravated assault on a police officer, misdemeanor criminal damage and misdemeanor disorderly conduct. After a 3 day trial, the jury hung on the felony charge, and it was subsequently dismissed. As to the two misdemeanor charges, Mr. M. received minor jail time only. He was originally facing a possible 10 years in prison before we represented him.

December 19, 2000
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. F. (DMC No. 7196)

REDUCED | 3rd Offense Felony Aggravated DUI, State v. Mr. F. (DMC No. 7196) (Maricopa County Superior Court No. CR 2006-174415): Mr. F. had 2 prior felony DUI’s in which he had gone to prison. He had now had a 3rd felony DUI and was facing 6 to 15 years in prison (with 10 years being the presumptive sentence). Initially, Mr. F. was utilizing a Public Defender and had been given a so called “final offer” of 4.5 years in prison. We were able to take over the case and file Motions regarding No Reasonable Suspicion to Stop and No Probable Cause for Arrest. Ultimately, the prosecutor agreed to withdraw the allegations of the 2 prior felony DUI’s and offered a 1st offense DUI with a mitigated sentence of 1.5 years in prison. Mr. F. ended up actually serving only 12 months in custody.

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