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Category Archives: Yavapai County Superior Court Victories

State v. Mr. F (DMC No. 15669) – Felony Failure to Register as Sex Offender – Reduced to Probation With Zero Days in Jail – Yavapai County Superior Court (Case No. CR2018-01528): Mr. F was convicted in Wisconsin of Sexual Assault on a child in 1993 and was placed on probation for five years with lifetime sex offender registration. As part of sex offender registration, there is a requirement that within 72 hours of moving, the individual must notify the local Sheriff’s Office and register. Mr. F had worked both in Wisconsin and Alaska for approximately 15 years, but had moved to the Valley a year before the incident in question. He registered when he got into Arizona with the Yavapai County Sheriff’s Office. He would travel back and forth to Alaska for work, and he would notify the Yavapai County Sheriff’s Office.
At some point, a Detective for the Yavapai County Sheriff’s Office claimed that Mr. F had not properly registered within 72 hours when he left for Alaska. He was ultimately charged with felony Failure to Register as a Sex Offender per ARS 13-3821(A). We retrieved all of Mr. F’s records and we were able to show that he had, in fact, notified Wisconsin of his travel plans to Alaska. We also pulled all of his phone records in order to show that he had been trying to leave messages and speak with the Detective in Yavapai County. Initially, the Prosecutor offered a plea to 2.5 years in prison. Ultimately, Mr. F was given an “no agreements” plea which could have resulted in Probation with no jail, all the way up to 3.75 years in Prison. At sentencing we were able to show the judge that he was attempting to properly comply, and the judge gave him the lowest possible sentence under the law – Probation with No Jail.

(3 Counts) Felony Luring a Minor for Sexual Exploitation & (1 Count) Felony Attempted Sexual Conduct with a Minor Reduced to Probation with Zero Days in JAILState v. Mr. H (DMC No. 12255) (Yavapai County SuperiorCourt CR2013-80419):

Mr. H was on the Zoosk dating website which requires users to be over 18 years of age.  He contacted a woman claiming to be 21 years old.  This person was actually an undercover Detective.  When he did contact her, she then stated online that she was 13 years old.  At first Mr. H did not believe her that she was only 13 years old.  He then asked for a photo and she sent one of a 13 year old girl (who is now an adult).  The Detective communicated with Mr. H over the course of months. Eventually all the talk became sexual and photographs were sent back and forth which were of a sexual nature.  He also solicited her to meet with him to “take her virginity”.  They discussed the fact that he was 25 and she was 13, and they agreed to meet at a park.  She asked him to bring alcohol and when he pulled up to the park, he was immediately arrested.  He invoked his right to remain silent and was ultimately charged with 3 counts of Luring a Minor for Sexual Exploitation and Attempted Sexual Conduct with a Minor.  He was facing 3.25 to 16.25 years in prison.

We were able to show that Mr. H did not actually believe this person was 13 years old.  He thought it was a game being played by somebody who was actually 21 years old.  We were also able to demonstrate that if he arrived at the park, and she had in fact looked like a 13 year old, he would have immediately left and ceased all communication with her. We were ultimately were able to secure an offer to Probation which included zero days in jail.

EMBEZZLEMENT/FRAUDULENT SCHEMES ($84,000) and THEFT REDUCED to PROBATION with Zero Days Actual Jail – State v. Ms. C (DMC No. 9220) (Yavapai County Superior Court No. CR2009-01178): Ms. C worked for a trash collection company in Yavapai County Arizona. While she was there, she had access to the checkbook for the company. She would sometimes write checks to herself, and other times would take pre signed checks from the owner and fill them out to be paid to herself. This totaled $84,000 over a 4 year period. After Ms. C was charged, we were able to present evidence to the prosecutor that she had various problems, and due to her young age she began stealing the money. Because she had no prior criminal convictions, we secured an offer which allowed the judge to sentence Ms. C from anywhere from probation up to 12.5 years in prison. At sentencing, we convinced the judge to give Ms. C Probation, and to impose a 6 month jail term that was “Deferred”. This meant that if she complied with probation, the jail time could be pushed out further dates and ultimately removed. Due to her excellent compliance, she never did any time in jail.

REDUCED | SEXUAL CONDUCT with a MINOR State v. Mr. B. (DMC No. 8215) (Yavapai County Superior Court CR82007-0915) REDUCED to MISDEMEANOR CONTRIBUTING to The DELINQUENCY of a MINOR and VULNERABLE ADULT ABUSE with PROBATION and 6 MONTHS in JAIL – State v. Mr. B. (DMC No. 8215) (Yavapai County Superior Court CR82007-0915): Mr. B. was accused by his step daughter of having sexual conduct with her both before the age of 18 and after the age of 18. Mr. B. had been divorced from his wife for some time, and his step daughter was now a much older adult. Because there actually had been sexual contact with him after she had turned 18, and he provided pornography to her before the age of 18, he had violated the law. Because his step daughter had a low IQ and was considered a “vulnerable adult”, the Yavapai County Attorney’s Office chose to present the Grand Jury with evidence that he had sexual intercourse with his step daughter prior to her turning 18. He was subsequently indicted with Sexual Conduct with a Minor pursuant to ARS 13-1405.

We were able to show that there was discrepancy in her testimony regarding her age when she began having sex with Mr. B. This allowed us to secure a plea to a lowest level class 6 Vulnerable Adult Abuse per ARS 13-3623, and a Misdemeanor Contributing to the Delinquency of a Minor per ARS (blank). The plea included Probation with 6 months of jail. Originally, Mr. B. was facing years in prison.

DISMISSED | TRESPASS AND MINOR IN CONSUMPTION – State v. Mr. M. (DMC No.7139) (Yavapai County Superior Court No. 2006-0206995): Mr. M. had been drinking, and was at a friend’s house that he used to live at. When he left the house he became disoriented and began walking down the wrong street. He walked into a similar house in which a woman was inside. She pushed him out the door and called police. We were able to explain to the prosecutor that this was an unintentional act. The prosecutor agreed to decline prosecution for Minor in Consumption and Trespassing.

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