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State v. Mr. R (DMC No. 15442) – Felony Sexual Assault Allegations – Dismissed at Title 9 Hearing as Unsubstantiated – Grand Canyon University investigated:  Mr. R had a prior sexual relationship with another female student which lasted a few months.  Several months later, they were hanging out as friends in her dorm room (in violation of GCU’s Code of Conduct).  They began to kiss and he was touching her over her clothes.  She asked him to stop, and he did so immediately.

Several weeks later, the alleged victim stated to him that she had been sexually assaulted before, and that she felt his actions (several weeks prior) were too aggressive.  Later, she reports the issue to Grand Canyon University and asked that Mr. R not be in her classes.  We were then hired to handle the Title IX investigation defense.  We then got in contact with the investigators for GCU and came up with a plan that would allow Mr. R to remain in classes.  The plan involved him not being the same dorm room as the alleged victim, his schedule was changed so he would not have classes with the alleged victim, and resources were provided to him regarding sexual harassment education.  Due to the successful resolution with TCU authorities, the police were never involved in the case.

State v. Mr. Z (DMC No. 15853) – Sexual Abuse Allegations – Dismissed at Title 9 Hearing – Arizona State University (Case No. 12XXXXXX93):  Mr. Z was a student at Arizona State University who had been treated for schizophrenia.  He was on various types of medication that would sometimes combine and result in inappropriate actions to be undertaken by Mr. Z.  To complicate matters, the actions would become even worse if he went off the medications cold turkey.  On the date of the incident, Mr. Z thought he heard people and voices in a neighboring dorm room.  He went inside the dorm and stood inside the closet, and was discovered by two female students as he was standing there naked.  He was ultimately arrested for indecent exposure.

We were able to have the criminal charges dismissed due to Mr. Z’s condition.  However, the school issued an immediate suspension and set the case to a Title IX Hearing.  Once we appeared and presented all the evidence regarding Mr. Z’s underlying mental health issues, the school dismissed the charges against him.  Once he was treated and his condition was regulated, he was allowed to resume classes at Arizona State University.

April 19, 2021

State v. Mr. S (DM 15875) – Felony Sexual Battery – Dismissed – Fugitive of Justice Warrant – Maricopa County Superior Court (Case No. CR2019-003424):  Mr. S had been convicted in Florida of Sexual Battery and had spent six years in prison and was then placed on 15 years of probation.  Through a program known as Interstate Compact, he requested to move to Arizona.  Upon being given permissions to travel to Arizona to register for Interstate Compact, he cut off his ankle monitor and left Florida.  When he got to Arizona, he did not immediately contact the Probation Officer to register for probation.

When he finally got around to going in to sign up for probation in Arizona, he was arrested for a Fugitive of Justice warrant outside of Florida.  We were able to explain the situation that he had just been late in getting to the Arizona office to register, and he was not seeking to flee Florida at all.  We also explained he truly believed he needed to remove his ankle monitor before he traveled to Arizona.  Ultimately, the Fugitive of Justice warrant was dismissed, and Mr. S was allowed to register for probation in the State of Arizona.

State v. Mr. N (DMC 15585) – (1 Count) Felony Luring a Minor for Sexual Exploitation, (3 Counts) Felony Sexual Conduct with a Minor, and (2 Counts) Felony Sexual Abuse – Bond Reduced From $100,000 Cash to $7,500 paid to Bail Bond Company – Maricopa County Superior Court (Case No. PF2019-107303).

 

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.

April 19, 2021

State v. Ms. C (DMC 15753) – (2 Counts) Felony Armed Robbery (with Gun) – Reduced to Probation With 180 Days in Jail – Maricopa County Superior Court (Case No. CR2018-133626):  Ms. C was with her boyfriend, who had told her to pull the car over and stop behind a local GameStop store.  Her boyfriend went into the store, and a short time later ran out and got into Ms. C’s vehicle.  They both then drove away, before stopping so that her boyfriend could count money that he had just stolen from the GameStop.  The Police then surrounded them after they began driving, and Ms. C was taken into custody without incident.

Ms. C was ultimately charged with Armed Robbery with a Dangerous Weapon.  Due to the Maricopa County Attorneys Office harsh position on gun crimes, she initially was facing over a decade in prison.  We were able to show that Ms. C’s boyfriend was a drug addict, and that she was not a drug user, and that she may not have realized he was going inside to rob the GameStop.  Ultimately, the case was reduced to Probation and she was required to do 180 days in jail.  She has now gone on to be successful with Probation and is leading a very productive life.

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