INJUNCTION AGAINST HARASSMENT QUASHED at HEARING – State v. Mr. M. (DMC No. 6310) (Apache Junction City Court CV2006-00247): Mr. M. became engaged with a dispute with a neighbor in a rural area. It escalated to the point where the neighbor cut off Mr. M.’s utility easements, thereby severing his phone service and certain utilities. Eventually, an Injunction Against Harassment was filed against Mr. M. and a Hearing was held. The judge found that the neighbor was being unreasonable and the injunction was quashed as to Mr. M. In addition, the judge informed the neighbor that he could be breaking laws when he cut off access to Mr. M.’s utilities.
March 6, 2014
Posted on Author By dmcantor Categories 115 Assault/Violent Crime Pre-Charge Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 500 Assault / Violent Crime Victories, 55 Felony Aggravated Assault Reduced, 9 Felony Aggravated DUI’s Reduced, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories
REDUCED/NOT CHARGED | FELONY AGGRAVATED DUI (.267 BAC with child in car) REDUCED to a misdemeanor DUI with 1 day in jail/ASSAULT NOT CHARGED – State v. Mr. C. (DMC No. 10795) (Maricopa County Superior Court CR2012-10795): Mr. C. had been having problems with high school kids parking their cars and drinking and partying at the bottom of his drive way which overlooked the City from a mountain view. When returning from dinner with his wife and children in the car, he arrived at his driveway and got into a physical altercation with one of the teenagers. After a DUI investigation ensued, he provided a blood sample of .237 BAC. We were able to convince the prosecutor to not charge him with the assault on a juvenile. However, he was charged with AGGRAVATED DUI with child in car and faced up to 2 years in prison. We were able to get the charge reduced down to a misdemeanor REGULAR DUI with only 1 day in jail (versus the SUPER EXTREME DUI penalty of 45 days in jail). Mr. C. has no felony on his record.
March 6, 2014
FELONY AGGRAVATED DUI REDUCED to misdemeanor with 10 days in jail – State v. Ms. C. (DMC No. 6570) (Maricopa County Superior Court CR2006-118415): Ms. C. was stopped for a minor traffic violation and was told that her license was suspended. She had no knowledge that she was previously suspended for a prior DUI conviction, and she was also denied the right to obtain an independent blood test. Her breath test revealed a .261 breath alcohol content. Even though Ms. C. was facing a minimum of 4 months in prison with up to a maximum of 3.75 years in prison, we were able to secure a misdemeanor DUI offer with only 10 days in jail.
March 4, 2014
DISMISSED | FELONY AGGRAVATED DUI (.243 BAC) – State v. Mr. J. (DMC No.10450) (Maricopa County Superior Court CR2011-118320): Mr. J. was observed pulling out of the Dos Gringos bar at Greenfield Road in Gilbert. Due to various construction and the lack of painted lanes, a Gilbert Officer testified he was almost struck by Mr. J. Through various photos presented at an Evidentiary Hearing, we could show that a raised concrete median made it impossible to properly exit and turn north bound from that particular bar. Even though Mr. J. provided had a blood sample of .243 BAC, the judge granted our Motion regarding No Reasonable Suspicion to Stop at Evidentiary Hearing and dismissed all charges. Mr. J. had been facing a minimum of 4 months in prison, and a maximum of 3.75 years prior to the dismissal.
March 3, 2014
(DMC No. 9911) (Pinal County Superior Court No. CR2010-01190): Mr. K. was stopped while driving with two 7 year olds and two 10 year olds in his vehicle. An anonymous caller told police he had been weaving. Upon the stop, it was discovered that Mr. K. had a prior DUI conviction, at a .230 blood test. We were able to file motions that the stop was potentially suspect and this helped secure an offer for a misdemeanor DUI with a small amount of jail time.
March 2, 2014
AGGRAVATED DUI (.220 BAC) with child in car REDUCED to a misdemeanor DUI with 45 days jail – State v. Mr. J. (DMC No. 10581) (Maricopa County Superior Court CR2011-158573): Mr. J. was riding on a golf course with a “Rhino” ATV. He had his 10 year son on the vehicle with him. He was contacted by police and admitted to drinking. Subsequently, a blood draw was obtained which revealed a .220 BAC. Although Mr. J. was facing a felony with up to 2 years in prison, we convinced the prosecutor to offer a misdemeanor SUPER EXTREME DUI with 45 days in jail, which allowed for Mr. J. to go to work during the day.
March 1, 2014
FELONY AGGRAVATED DUI (.210 BAC) REDUCED to misdemeanor with 10 days in jail – State v. Mr. W. (DMC No. 6722) (Maricopa County Superior Court CR2006-102242): Mr. W. was at the El Charro bar when police were called due to an alleged disturbing the peace complaint. Upon contact, Mr. W. stated he was going to walk home. The officer hid in order to wait for Mr. W. to walk to his vehicle and drive. He then pulled him over immediately. He subsequently was arrested and provided a blood test which resulted in a .210 BAC. Because of entrapment issues, along with a defense based on Mr. W. not knowing his license was suspended, we were able to secure a misdemeanor DUI with only 10 days in jail. Originally Mr. W. was facing a minimum of 4 months of prison up to a maximum 3.75 years.
February 24, 2014
NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL FELONY UNLAWFUL FLIGHT with 2 PRIOR FELONY CONVICTIONS – February 24, 2014 – State v. Mr. G. (DMC No. 11854) (Maricopa Superior Court CR2013-429181001): A Peoria Police Officer was travelling on the north bound 101 Loop Freeway when he saw a motorcycle approaching him at about 85 mph from the rear. The officer slowed down to 60 mph and then down to 50 mph. Once the motorcyclist passed the officer, the officer activated his lights and the motorcyclist indicated he would be pulling over. The motorcyclist had a passenger with a red shirt on the back of a bike. As the bike was slowing, the motorcyclist accelerated to 120 mph and took off.
About a half hour later, the officer was finishing his dinner break at a local QT at 83rd Avenue and Union Hills, when he saw what he thought was the same motorcycle with a passenger in a red shirt pass by. At jury trial, we were able to argue that the officer misidentified Mr. G.’s motorcycle. The passenger on the back of Mr. G.’s motorcycle was wearing a red Diamondbacks jersey, and there had been a Diamondbacks game that night in which many people were wearing Diamondbacks jerseys. In addition, we presented evidence that there were at least 10, 000 motorcycles of the same make and model in Arizona that could have matched Mr. G.’s motorcycle. The jury came back with the verdict of “not guilty”. Mr. G. was originally facing a 3rd felony conviction, which would have exposed him to over 5 years in prison.
If you would like to speak with us regarding your case, give us a call (602) 307-0808 or send us a confidential email.
February 19, 2014
REDUCED | FELONY CUSTODIAL INTERFERENCE REDUCED to MISDEMEANOR with PROBATION and ZERO DAYS JAIL – State v. Ms. P. (DMC No. 6774) (Navajo Superior Court CR2006-0751): Ms. P. had joint custody of her children with her husband. The children were staying at the husband’s aunt’s house when Ms. P. came and picked up the children without permission. Because of Ms. P.’s mental condition, she and the two children were later found at a homeless shelter located in Chandler. We were able to show the Prosecutor Ms. P.’s medical history of mental illness and they agreed to extend a misdemeanor offer with probation. That probation was allowed to be completed in Maricopa County.
February 19, 2014
Posted on Author By dmcantor Categories 100J Obstruction/Hindering Operation Victories, 100L Public Nuisance Victories, 16E Unlawful Flight from Police Victories, 200 DUI / Vehicular Crime Victories, 2100 Superior Court Victories, 800 Miscellaneous Crime Victories, Case Victories, Pinal County Superior Court Victories
DISMISSED | HINDERING PROSECUTION/FACILITATION of UNLAWFUL FLIGHT and PUBLIC NUISANCE ALL DISMISSED – State v. Mr. C. (DMC No. 4772) (Pinal County Superior Court Booking No. 49889): Mr. C. had been drinking with a friend on the Indian Reservation, when they got into the friend’s vehicle. The friend ended up backing into a police car and getting into a high speed chase. Both were arrested and Mr. C. was charged with “Hindering Prosecution”, being an “Accomplice/Facilitating Unlawful Flight” and “Public Nuisance”. We were able to speak with the charging Prosecutor, and he agreed to decline charges on Mr. C. because he was merely a passenger. The driver was not so lucky.