Hi, How Can We Help You?

Category Archives: 95 Trespass Victories

State v. Mr. C (DMC 15410) – Animal Abuse – Reduced to 5 Days in Jail – Phoenix City Court (Case No. 5306674):  Mr. C was seen by people pulling his SUV over on the side of the road, retrieving a cat from the passenger side door, and throwing it over a fence.  The cat the scrambled off and hid underneath a car and was almost struck by Mr. C as he left the scene.  The witnesses then took the cat to the Humane Society and had it nursed back to health at a cost of almost $900.  Mr. C was ultimately tracked down and charged with Animal Cruelty.  We were able to present evidence that the cat dug his claws into Mr. C’s arms while he was attempting to remove it from the car, and that it then ran away after he flailed his arms due to the pain.  He had not abandoned the cat, nor had he tried to harm the cat.  Because of the strength of the witness’s testimony, the State was seeking a significant amount of jail time.  Although he was facing up to six months in jail, we were able to reduce the ultimately sentence to only five days.

State v. Mr. H (DMC 15877) – Felony Tampering with Evidence – Dismissed (with Classes) – Maricopa County Superior Court (Case No. CR2018-138288):  Mr. H had been arrested for misdemeanor DUI and had been taken to the police station.  After the police had drawn two vials of his blood and packaged them both in a single box, they informed Mr. H that he could get an Independent Test of his blood if he wished to challenge the State’s results.  He was also told that the second vial would be available for him to get tested.  Mr. H became confused, and thought that the box with both vials of blood contained his own sample to take with him.  He put the box in his pocket and left with it when he was released from the police station.

Ultimately, the police contacted him and informed him that he had taken their samples of blood.  They claim that he had denied that he had taken the blood samples, and then they produced videotape evidence showing that he had.  He was ultimately arrested and charged with felony Tampering with Evidence.  We were then hired by Mr. H to represent him on the felony, and not on the underlying misdemeanor DUI (in which he already had an attorney).  Ultimately, we were able to have the Prosecutor agree that this was a mistake and that they could lose at trial.  They then allowed the case to be Dismissed upon successful completion of classes for alcohol consumption by Mr. H.

State v. Ms. E (DMC 15445) – Felony Arson and Felony Criminal Damage – Dismissed – Maricopa County Superior Court (Case No. CR2018-151423):  Ms. E had suffered from PTSD and was on various medications.  She had taken two of those medications together and went to sleep, when she awoke was panicked because she thought her dog was locked inside of the car.  She smashed the car in order to get into it, and realized her dog was not there.  She then called her husband, who informed her that he had the dog.

During this ordeal, she had somehow set the car on fire.  We were able to show the prosecutor that she was having a medical episode, and that her husband (the co-owner of the car) did not wish for charges to be pressed.  Ultimately, the State agreed to Dismiss charges against Ms. E.  Originally, she was facing a large amount of prison time.

State v. Mr. F. (DMC 15474) – Felony Possession of Marijuana and Possession of Drug Paraphernalia – Teaching License Reinstated at Board Hearing – Arizona Department of Education (Case No. C-2017-697R):  Mr. F had been charged two years prior with Felony Possession of Marijuana and Felony Possession of Drug Paraphernalia.  We were able to negotiate a resolution that involved classes, which, upon successful completion, would result in a Dismissal of all charges.  As Mr. F was a school teacher, he was informed that pursuant to Arizona Revised Statute 15-534.02, that he would lose his license for a period of five years.  We requested a hearing in front of the Arizona State Board of Education, which was ultimately granted.

During the hearing, we provided numerous witnesses that showed Mr. F was doing a good job as a substitute teacher.  We also showed that he was not an immoral person, and the reason that he had used marijuana was due to back pain.  His lack of a medical marijuana card was merely an oversite.  He had since obtained a medical marijuana card, which allowed him to legally use the drug.  We also showed that Mr. F worked with special education children, some who had Downs Syndrome who were non-verbal.  Because of his knowledge of sign language, and his specialized training, he was a very valuable teacher.  Ultimately, the Committee agreed to Reinstate Mr. F’s Teaching License.

SEXUAL ABUSE, ASSAULT and TRESPASSING NOT CHARGED– State v. Mr. L (DMC No. 8342) (Chandler Police Department DR 08-07-1156): Mr. L was a 67 year old maintenance man for 179 room apartment complex. He was asked by a supervisor to check the fire extinguishers in each of the rooms. He had knocked on one of the apartments, received no answer and then entered the apartment to check the fire extinguisher. A 79 year old female resident became startled and he informed her of what he was doing. She became more upset, and he placed his hand on her shoulder and told her it was okay and he left. She then made a complaint that Mr. L had fondled her buttocks while he was in the apartment. When we became involved, we were able to show the Detectives that the 79 year old woman had a history of Dementia. We also showed corroboration that he was instructed to go into these apartments to check all fire extinguishers. No charges were brought against Mr. L.

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.

FELONY TRESPASS DISMISSED- State v. Mr. S (DMC No. 8299) (Maricopa County Superior Court CR2008-114888): Mr. S was employed at a designer of a high end furniture store. He arrived at a client’s house in order to take measurements in her kitchen. According to the alleged victim, she stated that all of a sudden Mr. S had a “blank stare” on his face and then he “began yelling” at her to get out of the house. She left and called Police. We were able to show the Prosecutor Mr. S medical records, in which he had been diagnosed with Epilepsy and a Petit Mal Seizures. We also showed the Prosecutor that the alleged victim was the one who pushed the charges to be filed 3 months after the incident. She also secured an attorney and was seeking $50,000 in damages. Based on all of this, the Prosecutor agreed to dismiss all charges.

DISMISSED | TRESPASS – State v. Mr. A. (DMC No. 6688) (Yarnell Justice Court CR061484): Mr. A. and his friend were prospecting on the Bureau of Land Management land as part of the 24K Gold Prospectors Club.  The club owns mineral rights to that land.  Mr. A. and his friend were stopped by another gentleman who fired a gun in the air and held them until police arrived to the site. The other man was also cited for Disorderly Conduct with a gun.  When we explained the situation to the Prosecutor, they agreed to dismiss all charges against Mr. A. in the interest of justice.

DISMISSED | TRESPASS/HARASSMENT – State v. Mr. B. (DMC No. 10186) (Phoenix City Court 4358013): Mr. B. went to his ex girlfriends house (she was also his ex employee) in order to speak with her.  The relationship had ended tumultuous, and she filed a lawsuit against Mr. B.  When police were called, she claimed that he had trespassed and had been harassing her.  Although he was arrested and charged, we were able to convince the Prosecutor to dismiss the harassment charge and allow Mr. B. to attend counseling in exchange for a dismissal of the trespass also pursuant to diversion.

NOT CHARGED | RESISTING ARREST/TRESPASS while on PROBATION – State v. Mr. W. (DMC No. 5022) (Maricopa County Superior Court CR2003-007351): Mr. W. was accused of crashing his car into a neighbor’s house, then running through that house as he escaped.  Mr. W.’s mother stated the Mr. W. had been home the entire time.   In addition, the lady who owned the house stated that the person that ran through the house did not match Mr. W.’s description.  Mr. W. was arrested, the police claimed that after he denied all involvement and he resisted arrest.  We were able to convince the Prosecutor to dismiss all charges, as well as convince the probation office not to file a petition to revoke.  Mr. W. would have been facing over 3 years in prison if charged and convicted.

Call Now Button