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Category Archives: University Lakes Justice Court 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.

MINOR in CONSUMPTION of ALCOHOL and DISORDERLY CONDUCT REDUCED to PUBLIC NUISANCE with ZERO DAYS in Jail – State v. Mr. S (DMC No. 8098) (University Lakes Justice Court No. JC2008-112277): Mr. S attended a fraternity party for the Sigma Chi fraternity at Arizona State University. As he was leaving the party, Police were outside and they immediately grabbed and cuffed Mr. S. When he asked why he was being arrested, they stated “for throwing ping pong balls”. He was then cited for Minor in Consumption under Arizona Revised Statute ARS 4-244.40 and for Disorderly Conduct. During the course of this case, I showed the Prosecutor that they never offered Mr. S a blood test, nor did they ever ask if he had been drinking. The Prosecutor agreed to dismiss the Minor in Consumption charge. As to the Disorderly Conduct charge, that was reduced to Public Nuisance with Zero days in Jail.

DISMISSED | PUBLIC NUISANCE DISMISSED – State v. Mr. B. (DMC No. 10351) (University Lakes Justice Court JC2011-116426): An ASU Police Officer indicated that he saw Mr. B at 7th Street and College Avenue in Tempe urinating by the side of a building. Instead of citing for “Public Urination,” he cited Mr. B for “Public Nuisance”. When Mr. B called into our office he was living in Texas. He insisted that he was not in Tempe, and somebody must have used his driver’s license or his identity. We put together a “photo line-up” which included six people (one of them being Mr. B), and we interviewed the officer. He could not pick out Mr. B in the photo line-up. The Prosecutor agreed to dismiss all charges.

SUPER EXTREME DUI (.207 BAC) REDUCED to reckless driving with zero days in jail– State v. Mr. C. (DMC No. 10391) (University Lakes Justice Court TR2011-146839): Mr. C. was stopped at Apache & McAllister Road in Tempe for not having his headlights on.  Subsequent to a DUI investigation he provided a blood sample with a .207 BAC.  While at the station, he asked to call our law firm and the officer denied him that right until he provided a blood test.  After a warrant was obtained for Mr. C.’s blood he was never given a phone in order to contact us.  Due to the fact we filed a Motion to Dismiss based on denial of right to counsel, the State offered a reckless driving charge with zero days in jail.

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL | DISORDERLY CONDUCT – State v. Mr. H. (DMC No. 4273) (University Lakes Justice Court CR03-01408): Mr. H. went into the Gilbert City Mayor’s Office in order to lodge a complaint. He was talking very loudly and he had a gun in a holster on his hip. He demanded to see the Mayor and said if he didn’t see him immediately “something is going to happen”, and he turned his hip which displayed the gun. At trial, we showed that he never touched the gun, handled the gun, or insinuated he was going to use a gun, and the Judge found him not guilty of all charges.

ALL DISMISSED | INDECENT EXPOSURE/POSSESSION of DRUG PARAPHERNALIA/TRESPASS and INTERFERING WITH AN EDUCATIONAL INSTITUTION ALL DISMISSED State v. Mr. G. (DMC No. 4380) (University Lakes Justice Court CR01-01763): Mr. G. was accused of being near a girl’s dormitory at ASU exposing himself while wearing very tight and small red shorts.  When police made contact, they discovered he had some drug paraphernalia on him for smoking marijuana.  They also cited him with trespass, interfering with an educational institution, along with indecent exposure.  When we took the case and interviewed the civilian witness, it was discovered that he was never actually seen exposing or touching himself, this was just the assumption that was made based upon his unusual behavior.  We then convinced the prosecutor that we would most likely succeed on a Motion for “no probable cause for arrest”, and “illegal search”, and the State agreed to dismiss all charges.

REDUCED | DRIVING ON SUSPENDED LICENSE REDUCED to “weaving” ticket – State v. Ms. D. (DMC No. 4597) (University Lakes Justice Court TR04-03382CR): Ms. D. was stopped by DPS Officer, and was ultimately cited for driving while her license was suspended for a prior DUI.  In fact, her license was suspended for prior underage drinking and driving, and not DUI.  Due to a technicality in the statute, the prosecutor agreed to dismiss the “driving while license suspended” in exchange for a simple “weaving” ticket and a small fine.

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