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August 25, 2014
Posted on Author By dmcantor Categories 500 Assault / Violent Crime Victories, 51 Assault/Domestic Violence Dismissals, Case Victories, Youngtown City / Magistrate Court Victories

State v. Mr. W (DMC No. 10871)

ASSAULT DISMISSED – State v. Mr. W. (DMC No. 10871) (Youngtown Magistrate Court CR2012-007): Police received a complaint of an argument at west Longley Avenue in Youngtown, Arizona.  When they arrived, they saw Mr. W. arguing with his girlfriend.  It appeared that there had been some type of physical contact between the two, and Mr. W. was automatically arrested (because he was the “male”).  We were able to convince the Prosecutor that this was not Mr. W.’s normal reaction to stressful events, and that he had been drinking.  In exchange for Mr. W. attending some educational classes, the Prosecutor agreed to dismiss all charges.

August 25, 2014
Posted on Author By dmcantor Categories 600 Drug Crimes Victories, 82A Possession/Paraphernalia Dismissals, Case Victories, Youngtown City / Magistrate Court Victories

State v. Mr. M (DMC No. 7389)

DISMISSED | POSSESSION of DRUG PARAPHERNALIA – State v. Mr. M. (DMC No. 7389) (Youngtown Magistrate Court CR2007-127): Mr. M. was parked on a 112th Avenue in Youngtown, Arizona when police pulled up behind him.  They saw that he was sitting in the vehicle with a friend and had a “bong” on the front seat.  They asked him if he had any marijuana and he was honest with them.  Because he was honest, they only cited him with Possession of Drug Paraphernalia.  We became involved in the case and explained to the Prosecutor that a conviction on Mr. M.’s record would have serious repercussions with his current job.  They agreed to dismiss all charges in exchange for Mr. M. attending some educational classes.

April 22, 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, Case Victories, City Court Victories, Jury Trial Victories, Youngtown City / Magistrate Court Victories

State v. Mr. D. (DMC No. 5182)

Mr. D. was found in a Circle K parking lot in Youngtown, Arizona just after midnight. The car was in park, the engine was on in order to run the heater, and the seat was fully reclined with Mr. D. seated fast asleep. When the Youngtown Police Officer’s woke him up, he stated he was sleeping because he did not want to drive.

Once he was removed from the car, a background check was conducted which revealed he had a prior DUI conviction. He was then charged with a 2nd Offense Extreme DUI under Arizona Revised Statute ARS 28-1382 and arrested. He produced a BAC content of .190 down at the station.

At Trial, we were able to show that Mr. D. was not in “Actual Physical Control” of his vehicle, and did not pose a danger to anyone on the roadway because his car was in park, he was asleep, and he was merely using it as a temporary shelter in order to “sleep it off”. The Jury agreed, and returned verdicts of Not Guilty on all charges against Mr. D. He was originally facing a minimum of 4 months in Jail.

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