We Bully the Bullies

Case Results

Case dismissed – Assault

November 9, 2017

Result =

Case dismissed.

Client charged with multiple events of domestic violence assault. Client risk = 6 months jail, 3 years probation, $2,500 fine plus surcharges, mandatory counseling, loss of federal gun rights. Case dismissed on day of trial.

Case dismissed – Domestic Violence Assault

November 9, 2017

Result =

Case dismissed.

Client risk = 6 months jail, 3 years probation, $2,500 fine plus surcharges, mandatory counseling, loss of federal gun rights. Case dismissed on day of trial.

Case dismissed – Criminal Trespass with lengthy record of convictions and video.

October 26, 2017

Result =

Case dismissed.

Client with lengthy criminal record accused of criminal trespass in the first degree. Client on police body camera in location alleged. Trial prepped and ready to fight that State couldn’t prove elements of the offense. Case dismissed.

Case dismissed – Domestic violence assault with multiple recorded admissions.

October 26, 2017

Result =

Case with multiple recorded admissions – dismissed.

Multiple recordings of client admissions. Client’s risk if convicted = 6 months jail, 3 years probation, $2500 fine plus surcharge, mandatory domestic violence counseling, loss of federal gun rights. Case dismissed.

Case dismissed – domestic violence assault.

October 26, 2017

Result =

Case dismissed.

Client with significant criminal history. Client’s risk if convicted = 6 months jail, 3 years probation, $2500 fine plus surcharge, mandatory domestic violence counseling, loss of federal gun rights. Case dismissed.

Case dismissed – domestic violence assault

October 26, 2017

Result =

Case dismissed.

Client risk = 6 months jail, 3 years probation, $2500 fine plus surcharge, mandatory domestic violence counseling, loss of federal gun rights. Case dismissed.

Case dismissed – 2x Assault + Criminal Damage (domestic violence) + immigration consequences

October 26, 2017

Result =

Case dismissed.

Client accused of multiple domestic violence counts for assault and domestic violence. Risks = up to 6 months jail, 3 years probation, $2500 fine plus surcharges, mandatory domestic violence counseling. Client could potentially suffer immigration consequences if convicted. Case dismissed.

Criminal hit and run charge dismissed.

October 24, 2017

Result =

Criminal charge dismissed and client only has civil traffic infractions. Gets to keep clean criminal record.

Client charged with criminal hit and run, causing damage to parked vehicle. Shrewd negotiation allowed criminal charge to be dismissed, and client walked away with 2 civil infractions. Client keeps clean criminal record. A nice victory.

Saved 60 jail days on multiple shoplifts and assault (biting)

October 24, 2017

Result =

All jail suspended by following good advice.

Client accused of multiple shoplifts and assaulting loss prevention officer by biting. Prosecution offer = 60 days of jail. Client follows good advice and does strategic plea to the court. All jail suspended.

Extreme DUI (plus 2 regular DUI) dismissed due to untimely prosecution.

October 20, 2017

Result =

Case dismissed, DUI x3.

Client accused of extreme DUI (BAC +.15). Filed motion to dismiss case based on failure of prosecution to diligently prosecute. Case dismissed.

Case dismissed: Super Extreme DUI (BAC +.20) + police misconduct

October 21, 2017

Result =

Case dismissed. Super Extreme DUI, BAC +.20.

Super extreme DUI case involving extreme police misconduct. In-depth investigation results in complete case dismissal.

Case dismissed – 2x DUI.

October 17, 2017

Result =

Case dismissed.

Client charged with multiple counts of DUI. BAC = .10. Client risks = 6 months jail, 5 years probation, $2500 fine plus surcharges, mandatory $1000 in assessments, driver’s license suspension, ignition interlock requirement, alcohol counseling. Case dismissed.

Case dismissed – Driving on Suspended License, Possession of Revoked License

October 13, 2017

Result =

Case dismissed.

Client risk on both charges: 6 months jail, 3 years probation, $2500 fine plus surcharges, further suspension of driver’s license. Case dismissed.

Domestic violence assault – case dismissed.

October 12, 2017

Result =

Case dismissed.

Client faced 6 months jail, 3 years probation, $2500 fine plus surcharges, counseling, and federal loss of gun rights. Dismissed.

Dismissal – Theft case set for trial

October 10, 2017

Result =

Case dismissed, with an apology.

Client risk = 6 months jail, 3 years probation, $2500 fine plus surcharge. Case dismissed, with an apology from the prosecution.

One year driver’s license suspension for DUI – voided

October 6, 2017

Result =

One year suspension voided.

Client alleged to have refused chemical test upon arrest. Challenged suspension and won. One year driver license suspension voided.

Case Dismissed – Disorderly conduct (domestic violence)

September 28, 2017

Result =

Case dismissed.

Client charged with disorderly conduct (domestic violence alleged). Prepped trial. Case dismissed.

Approx. $100,000 in losses to victim of Fraud Schemes, Trafficking Stolen Property, Theft – Instead of decades of prison, result = 10 months jail, probation out-of-state, no white-collar probation terms

September 14, 2017

Result =

10 months jail out-of-state + non-white collar terms probation rather than decades of prison time.

Big felony case: fraud schemes, trafficking stolen property, organized retail theft. Losses of victim were approximately $100,000. Risk to client = decades of prison. Successful use of mitigation, lack of criminal history. Result = 10 months jail plus probation. Court ok’s jail out-of-state. Successfully persuaded judge to not impose “white-collar terms” of probation at sentencing which would have placed severe restrictions on client’s use of internet and divulging of banking information.

Correct advice on violation of protective order saves 45 days jail.

September 11, 2017

Result =

all jail suspended.

Client charged with violating a protective order (domestic violence). Bad plea offer requiring 45 days jail, up front, with more jail suspended. Client followed my advice, used strategic plea to the court, all jail suspended.

Case Dismissed – Driving on Suspended License

September 7, 2017

Result =

Case dismissed.

Ready for trial, State dismissed day of trial. Client faced up to 6 months jail, 3 years probation, $2500 fine plus surcharge.

1 assault charge acquitted, 2 domestic violence allegations defeated at trial.

August 31, 2017

Result =

acquittal on charge 1 – domestic violence assault, defeated allegation of domestic violence on charge 2.

Client charged with 2 domestic violence assault charges. Conducted trial. Complete acquittal on domestic violence assault allegation against parent. No finding of domestic violence relationship in assault count on parent’s new spouse. Risk = up to 6 months jail, 3 years probation, $2500 fine plus surcharge, mandatory domestic violence counseling. Client’s punishment for non-domestic violence assault conviction on 1 charge = 12 months unsupervised probation, no jail, no fine, no counseling. Client pleased with result.

Assault – domestic violence. Case dismissed.

August 31, 2017

Result =

case dismissed.

Day of trial, case dismissed. A nice win for a good client.

Assault – domestic violence. Case dismissed on day of trial.

August 31, 2017

Result =

case dismissed.

Domestic violence assault with injury. Pressed forward to trial. Prosecution dismisses.

Assault – domestic violence – case dismissed.

August 31, 2017

Result =

case dismissed.

Domestic violence assault, case dismissed. Client was very thankful.

Criminal Speed charge – acquittal at trial

August 18, 2017

Result =

acquitted on count of criminal speeding at trial.

Client charged with several criminal charges, including criminal speed with allegation of driving up to 90 mph through business district. Charge of criminal speed resulted in not-guilty verdict at trial. Challenged police officer’s ability to accurate pace client’s vehicle and his basis of knowledge regarding the calibration of his own vehicle’s speedometer.

Criminal charge dismissed – Displaying fictitious license plate/registration (criminal vehicular charge)

August 1, 2017

Result =

criminal charge dismissed and civil traffic violation results in all fines waived and no driver’s license suspension.

Client with no criminal history and no motor vehicle department history charged with knowingly displaying fictitious registration tags from another vehicle. Risk = 4 months jail, 2 years probation, $750 fine plus surcharges. Showed prosecution that the charge was missing a key element of intent. Client able to plead responsible to a civil traffic violation of no proof of insurance, criminal charge dismissed, all fines waived, no license suspension. Happy client who continues to have a completely clean record.

Full acquittal at trial – Endangerment and Criminal Damage (road rage)

July 8, 2017

Result =

Not guilty on all charges at trial.

Client accused of trying to run into person’s vehicle, getting out of his own vehicle, throwing tire iron at person’s vehicle while in traffic, and causing paint / dent damage to vehicle. Trial held. Impeached alleged victim on his racial bias and motivations to fabricate, as well as logistical problems with his account. Result = full acquittal on all charges.

Criminal Damage, Disorderly Conduct, Assault (domestic violence) – Case dismissed.

June 8, 2017

Result =

Case dismissed.

Client charged with 3 domestic violence offenses: criminal damage, assault, disorderly conduct. Case set for trial. Prosecution dismisses. Client faced risk of 6 months jail, 3 years probation, $2500 fine plus surcharges, domestic violence counseling, loss of gun rights.

Driving on a Suspended License – Case Dismissed

June 8, 2017

Result =

Case dismissed.

Risk = 6 months jail, 3 years probation, $2500 fine plus surcharges, further suspension of license. Case dismissed by prosecution on day of trial.

DUI dropped to reckless driving misdemeanor – no jail, no ignition interlock, no SR-22 insurance

June 7, 2017

Result =

DUI dropped to reckless driving. No jail.

Client charged with DUI. Police perform field sobriety tests and portable breath test shows .104 BAC. Discovered problems with investigative techniques, field sobriety tests, and blood draw. Utilized significant weaknesses from the investigation to get prosecution to drop DUI down to reckless driving, a lower-level misdemeanor. Client does no jail (as opposed to mandatory jail for a DUI), pays minimal fine, has no requirements to get ignition interlock installed or high-risk auto insurance. A solid outcome on a case with potentially huge consequences.

Drug and alcohol DUI charges while on probation – dismissed.

May 26, 2017

Result =

DUI charges dismissed.

Client charged with drug and alcohol DUI charges. Admission to use of medications and drinks, admission to impairment. Pointed out issues with laboratory results on drugs and alcohol, informed prosecution I would like dismissal of charges. Prosecutor agreed.

Failure to Provide Driver’s License – Not Guilty Verdict

May 26, 2017

Result =

Not Guilty verdict.

Client charged with failure to provide driver’s license and several civil citations. Conviction would have immigration consequences. Suspected that police were fishing for undocumented individuals and profiled my client. Conducted suppression hearing and submitted case to the judge for trial based on suppression testimony. Verdict: not guilty. The look on the prosecutor’s face was priceless! (And I had asked nicely for him to dismiss it beforehand. He should have listened.)

DUI – .146 BAC + wrong-way driving + admissions, dropped to reckless driving class 2 misdemeanor

May 23, 2017

Result =

DUI charges dropped to reckless driving misdemeanor. All jail suspended, significantly reduced fines, no DUI conviction on client’s record.

Client on police camera driving wrong way down a divided street. Client admits on camera that he is impaired. Blood alcohol concentration (BAC) of .146, almost twice the legal limit. Reviewed all evidence and police videos. Discovered right to counsel issue for leverage. Analyzed and found potential contamination argument in laboratory’s results. Utilized extensive mitigation of client’s life achievements despite adversities in communications with prosecution. Result = DUI charges dropped to a reckless driving charge. No DUI conviction for a young person just starting out, significantly reduced fines, all jail time suspended. A good win.

Case dismissed – Domestic Violence Assault and Driving without Driver’s License with Immigration Consequences

May 11, 2017

Result =

Case dismissed.

Client charged with assaulting spouse and subsequently arrested while driving without driver’s license. If convicted, could have served up to 6 months jail, 3 years probation, $2,500 fine plus surcharges, would be required to complete domestic violence counseling, and would become deportable. Case dismissed by prosecution on the day of trial. Client gives Mr. Marner a surprisingly strong bear hug in court!

Not guilty at trial. Domestic violence assault (strangulation).

April 27, 2017

Result =

Acquittal at trial. A great win.

Client accused of choking significant other. Charged with domestic violence assault with serious jail, probation, fines. If convicted, client would become prohibited possessor and lose his security clearance. Prosecutor had arresting officer, alleged victim, photographs of injuries, and body camera footage of investigation that seemed bad for client. But…still had a defense to mount and told prosecutor before trial that he should dismiss and save everyone the headache, to no avail. (Sometimes, you just have to beat them in the courtroom before it sinks in.) Impeached police officer on his lack of medical training, his faulty assumptions about causation and order of events. Impeached alleged victim about her memory of events. Client testified and did well. Result = not guilty verdict. Bullied the bully on this one, all the way to a trial win.

Case Dismissed – Domestic Violence Assault

April 27, 2017

Result =

Case dismissed.

Client accused of punching significant other in the face. Risk = up to 6 months jail, 3 years probation, $2500 fine plus surcharge, counseling, and prohibited possessor status. Day of trial, case dismissed.

Case Dismissed – Domestic Violence Disorderly Conduct with Deportation Consequences

April 25, 2017

Result =

Case dismissed on day of trial. No domestic violence conviction and no immigration consequences.

Client accused of attacking family member. Successful prosecution would mean a domestic violence conviction, which would in turn mean deportation. Interviewed witnesses, prepped trial in which the brother had already pleaded guilty to his role in attacking my client. Day of trial: ready to fight the case. Case dismissed by prosecution. Client was very relieved.

Case Dismissed – Domestic Violence Assault while on Felony Probation

April 13, 2017

Result =

Case dismissed. Client won’t face both jail and prison time, probation, fines, mandatory counseling.

Domestic violence assault while on felony probation for transportation of marijuana felony. Risk for DV assault = up to 6 months jail, 3 years probation, $2500 fine, domestic violence counseling. Risk in felony probation case if convicted = 1 – 3.75 years in prison. Case dismissed.

Criminal driving on suspended license dropped to civil traffic violation with $50 fine and no points

April 12, 2017

Result =

criminal driving on suspended license dropped to civil non-moving traffic violation. No points, no criminal conviction, $50 fine.

Client charged with class 1 misdemeanor driving while suspended. Max penalty = up to 6 months jail, $2500 fine, 3 years probation, further suspension of license. Charge dropped to a civil non-moving traffic violation, fine of $50, no points, no criminal conviction. Client still has a clean criminal record.

Case dismissed – criminal damage and assault

March 28, 2017

Result =

case dismissed on day of trial.

Client accused of hitting a neighbor in the face and throwing a brick through the windshield of neighbor’s vehicle. Trial prepped, ready to fight. Day of trial, case dismissed.

Case dismissed – domestic violence assault

March 28, 2017

Result =

case dismissed on day of trial.

Client accused of choking partner in front of children. Client denied the allegation. Conducted research, reviewed the interviews, looked at forensics. Day of trial, ready to go, ready to win…and prosecution dismisses the case. We’ll take it.

Case Dismissed – Tampering with Physical Evidence

March 27, 2017

Result =

Case dismissed.

Client faced risk of 6 months jail, 3 years probation, $2500 fine plus surcharge. Client accused of ditching incriminating evidence into restaurant garbage can. Conducted legal research on the charge. (Despite sounding common, this particular charge is hardly ever used.) I determined that the case law supports the argument that the law does not apply to this type of situation, but rather a different, particular situation. I presented my research to the prosecutor and requested dismissal of the charge. Prosecution agreed. Case dismissed.

Case dismissed – Street Racing and Criminal Speeding

March 27, 2017

Result =

Case dismissed.

Client charged with street racing, faced up to 6 months jail, 3 years probation, $2500 fine plus surcharge, driver’s license suspension. Police told client that they saw him racing from their stationary position, on foot, in an intersection, with Client’s car coming in their direction in a single traffic lane and could tell he was racing by the noise the car made. Client said no deals (rightfully so), so the prosecution added a charge of criminal speeding. Got my investigator and my vehicular expert witness ready and set for trial. No police reports, no cooperation on interviews from the police. Two days prior to trial, state dismisses (and so they should have).

Felony Aggravated DUI with prior felony conviction – Client saved years of prison

March 16, 2017

Result =

probation with 30 days jail out-of-state.

Client charged with two counts of felony aggravated DUI. Client had prior felony conviction. Risks for client if convicted at trial = up to 3.75 years prison, presumptive of 2.5 years. Conducted a retest of the blood sample and received a favorable measurement. Interview of police officer yielded beneficial statements that weakened the state’s case. Developed and utilized extensive mitigation showing that client’s mistakes were long behind him and that he had changed his life since the event. Typical plea offer on cases with similar facts without an attorney putting in the work are usually a prison term in the Department of Corrections or a probation plea with up to a year of jail as a condition. A beneficial plea offer from the prosecution in such a case is to offer probation with 4 months jail. Result = 30 days jail plus probation. Client saved years of incarceration by hiring the right attorney.

Offer down from 20 days jail to $250 fine right before jury selection.

March 7, 2017

Result =

day of trial, offer goes from 20 days jail down to a $250 fine.

Shoplift while on felony probation. Prosecutor’s opening offer = 20 days jail. Set for jury trial. Conducted research, conducted investigation, arguments and evidence ready to fire. Last minute offer by prosecutor right before jury selection = down from 20 days jail to a $250 fine. Didn’t get to try my case, but a great result for the client.

Dog at Large – Criminal Charge Dismissed

February 27, 2017

Result =

Criminal Charge Dismissed.

Client charged with dog getting out of yard, attacking killing/injuring other dogs. Utilized statutory language and demonstrated that client should be liable only for a civil offense, punishable only by a fine, rather than a criminal offense punishable by up to 4 months jail, 2 years probation, $750 fine plus surcharge. State agreed and dismissed the criminal allegation.

Unlawful Use or Possession of Suspended/Cancelled Driver’s License – Case Dismissed

March 3, 2017

Result =

Case Dismissed. Prosecutor acknowledges my assertion of zero evidence for the charge.

Client charged with possessing a suspended or cancelled driver’s license. Risk = up to 4 months jail, $750 fine, 2 years probation. Police reports indicate no facts supporting the charge. Demonstrated lack of evidence to the prosecution. Case dismissed.

Leaving the Scene of a Damage Auto Accident – Dismissed with Prejudice (Prosecutor falls into the Double Jeopardy trap)

March 2, 2017

Result =

Case Dismissed with Prejudice (can never be refiled).

Client accused of hitting construction worker with her vehicle. Case was improperly charged by the police. Analysis of case showed that prosecution did not have sufficient evidence to make the factual basis of the criminal charge. Prosecution witnesses lined up in the courtroom, police and alleged victim. I engaged a strategy of silence with prosecution. The longer the prosecution thought it had a case, the better the client’s case became. Trial gets underway with all witnesses sworn in. At this point, jeopardy attaches and if charge is dismissed, it can never be refiled. Before calling its first witness, prosecutor reviews his documents and realizes he walked into the trap and that he has no case. Case dismissed with prejudice, never to be refiled. Nice win that demonstrates attention to detail resulting in a client walking away with no conviction.

2x domestic violence assault – Case Dismissed.

February 16, 2017

Result =

Case dismissed.

Phoenix. Client accused of gouging eye of first victim, pushing second victim to the ground. Risks = up to 6 months jail, 3 years probation, $2,500 fine plus surcharge, domestic violence counseling, becoming a federal prohibited possessor. Result = case dismissed.

2 Cases – Interference with Judicial Proceedings (Violation of Restraining Order) with prior violations

February 3, 2017

Result =

credit for 9 days time served rather than prosecution offer of minimum 81 more days jail with maximum of 171 more days jail.

Prosecution offer = 180 days, with 90 days suspended. Client had served 9 days in custody. Proceeded to bypass prosecution offer and plead straight to the judge. Result = 9 days time served. No additional jail. Saved minimum 81 days jail, potential 171 days jail.

Dismissed – Domestic Violence Assault and Criminal Damage with a Firearm + Felony Probation Violation

February 2, 2017

Result =

Case dismissed. Risk of both jail and prison time on felony probation revocation avoided.

Client accused of punching significant other in the face, pointing gun at her, and breaking part of a car door. Client on felony probation, severe probation revocation risks plus jeopardy of years of prison time on felonies. Case dismissed.

2 Counts Dangerous Aggravated Assault (firearm / road rage) – risk of 30 years prison, result = 0 jail.

January 18, 2017

Result =

Risk of 30 years prison, client does 0 days jail.

Maricopa County Superior Court – Client charged with brandishing and pointing handgun at driver and passenger of another car during a road rage incident. Risk = up to 30 years prison. Loss at trial on single charge = presumptive 7.5 years prison. Client believed driver was trying to run his vehicle with his family off the road when brandishing. Conducted crime scene reconnaissance, presented legal challenges, interviewed alleged victim (who admitted far more antagonistic incident than reported in police reports). Strong argument regarding self-defense, defense of others. Extensive negotiation. Result = client placed on probation for 2 1/2 years, 0 days of jail (30 days suspended), no anger management. Client was incredibly relieved and happy.

Domestic Violence Endangerment and Assault – dismissed

January 19, 2017

Result =

Case dismissed.

Client accused of choking spouse in front of children and throwing a brick through vehicle window next to child’s head. Photographic evidence and recorded interviews by police. Client risk = potential up to 7 months jail, $2500 fine plus surcharge, 3 years probation, domestic violence counseling, loss of gun rights. Case dismissed.

Domestic Violence Assault – case dismissed

January 19, 2017

Result =

Case dismissed.

Risk = Up to 6 months in jail, 3 years probation, $2500 fine plus surcharge. Client accused of punching family member in the eyes after tackling to the ground.

Assault trial – Total Acquittal

January 19, 2017

Result =

Client fully acquitted at trial. Not guilty.

Phoenix – Assault trial. Client accused of smashing contractor’s leg in metal gate during an argument. Contractor recorded the audio of the incident and could hear client yelling, cursing. Police photos taken immediately after alleged injury appear to show that the bruising was old, not new. Called former employee of contractor to testify about his character for untruthfulness with customers and motive to fabricate about how he sustained the injury due to fear of being sued for poor work. Called investigator to testify as to nature of injury, mechanics of gate, type of contractor boot the alleged victim was wearing. Impeached the contractor and the testifying police officer and argued that the whole incident was a setup. Client fully acquitted. Not guilty.

Disorderly Conduct (domestic violence) – Dismissed

January 5, 2017

Result =

Case Dismissed.

Phoenix.  Client charged with domestic violence disturbance with roommate.  Potential maximum penalty = 6 months jail. 3 years probation, $2500 fine plus surcharge.  Strategic decision to proceed to trial based on probability of unavailability of witnesses.  Case dismissed on day of trial – no witnesses.

DUI .101 blood alcohol – dropped to reckless driving, no jail, no probation

November 18, 2016

Result =

DUI charges dropped, client plead no contest to reckless driving. No jail, no probation, no alcohol classes, no ignition interlock device.

Client charged with 2 counts of DUI.  Blood alcohol measured at .101.  Client facing mandatory jail, fines, alcohol classes, ignition interlock device.  Client alleged to have driven in a two way turn lane for a mile and a half.  Odor of alcohol, slurred speech, poor balance.  Reviewing laboratory results,  I found likely contamination.  Field sobriety tests not properly conducted.  Mitigation utilized in deviation request to prosecutor to significantly lower client’s charges.  Result = DUI charges dropped, client pleads no contest to reckless driving.  No jail, no probation, no alcohol classes, no ignition interlock device.  Happy client and client’s family.

Domestic violence assault and criminal damage with immigration consequences – dismissed.

November 10, 2016

Result =

case dismissed.

City of Phoenix – client charged with domestic violence assault and criminal damage with collateral immigration consequences upon conviction.  Case dismissed.

Graffiti – mandatory 10 days jail avoided

November 7, 2016

Result =

mandatory jail avoided.

City of Phoenix graffiti  charge carries minimum 10 days jail.  Took several attempts with the prosecution to show that client had turned life around and was behaving like a responsible adult, but it worked.  Plea to alternative charge of criminal damage with all jail suspended.

Criminal damage (domestic violence) – Case dismissed.

September 15, 2016

Result =

Case dismissed.

Risk = 4 months jail, 2 years probation, $750 fine plus surcharge, loss of gun rights.  Trial arguments all ready to go, victim impeachment ready, prosecution dismisses.

Disorderly Conduct (high school brawl) – case dismissed on defense motion.

September 8, 2016

Result =

case dismissed after defense files motion to dismiss based on State’s lack of due diligence in prosecuting the case.

Disorderly conduct.  Risk = up to 6 months jail, 3 years probation, $2500 plus surcharge.  Client accused of fighting during a large high school brawl.  Case from 2012.  State did not make efforts to locate client and bring case to conclusion in a timely manner.  Filed motion to dismiss with court.  State dismisses.

Shoplift + assault, client in custody. Witness problems = case dismissed.

September 2, 2016

Result =

highlighted weaknesses with prosecution’s primary witness result in dismissal.

Risk = up to 6 months jail.  At first hearing with client already in jail custody, discovered that prosecution will have major problems obtaining victim/witness testimony.  Demonstrated weakness of prosecution’s position to the prosecutor, case dismissed.

Domestic violence assault while on probation for felony aggravated assault – dismissed.

September 2, 2016

Result =

Case dismissed.

Client faced up to 6 months of jail for domestic violence assault and years of prison if found in violation of probation for felony aggravated assault for committing a new crime.  Case dismissed.

2nd felony Aggravated DUI – Client saved between 2 and 7 years prison.

August 22, 2016

Result =

5 months prison plus 2 years probation with 100 hours community service instead of 2.25 – 7.5 years prison.

2nd Aggravated DUI.  One prior felony aggravated DUI, one prior misdemeanor DUI.  Case was old, but police and evidence were still around.  Demonstrated significant life changes with client to the prosecution.  Utilized extensive mitigation and aggressive negotiations.  Client’s risk if convicted at trial was mandatory prison between 2.25 and 7.5 years prison (starting point for the judge would have been 4.5 years prison).  Initial offer from prosecution = 2.5 years prison.  I knew we could do better if the prosecutor heard the client’s story.  Compiled extensive personal history and submitted to the prosecution. Next offer = 6 months prison plus probation.   Again, went back to prosecutor.  Final plea = 5 months prison plus probation with 100 hours community service.  Client will be out with her family before Christmas.  Successful outcome and very happy client.

Double-assault, disorderly conduct domestic violence case. Case dismissed.

August 8, 2016

Result =

Case dismissed.

Client at extra risk for being on probation.  Alleged victim was highly intoxicated.  Investigated and kept pushing.  Case dismissed before trial.

Domestic Violence Assault – 911 recording of incident – Dismissed

August 16, 2016

Result =

Case dismissed on day of trial.

Client accused of beating woman and leaving multiple injuries.  911 call from alleged victim recorded during incident.  Trial strategy based on credibility and perception of incident.  Case dismissed on day of trial.

Assault victim trying to get a financial windfall. Denied.

August 1, 2016

Result =

Victim trying to get payment of $4,000 from client after an assault by exaggerating his inability to work. After hearing and impeachment, Court awards only $458.

Client assaulted victim after a victim-initiated conflict in a store.  Client punched victim in the face.  Victim attempted to say he lost approximately $4,000 in wages and expenses related to the case.  A contested restitution hearing was held.  I impeached the victim about the nature of his injury, the severity of the injury, and inconsistencies in his allegations that he could not work.  Result = victim receives $458.   Client obviously wasn’t happy about having to pay this person anything, but saving $3500 didn’t make him frown.

One client, 2 domestic violence cases, multiple priors – dismissed

July 7, 2016

Result =

2 separate domestic violence assault cases dismissed.

Client had several domestic violence assault cases.  Multiple prior convictions.  Multiple witnesses to alleged assaults.  Photographs of injuries.  Client was incredibly afraid of going to prison because of her record.  I asked her to trust me.  She did.  Both cases dismissed.

Leaving the Scene of an Accident

June 20, 2016

Result =

$200 fine. No jail, no probation, no classes.

Client in high speed, rear-end collision.  Leaves scene immediately.  Police locate at home, client displays indications of intoxication.  State wanted 10 days jail, alcohol counseling, term of probation.  Utilized strategic pleading and emphasized client’s proactive entrance to substance abuse treatment.  Result = $200 fine, no jail, no probation.

Disturbing the Peace and Resisting Arrest with Aggravated Assault on a Cop Prior Conviction

June 20, 2016

Result =

Time served with suspended jail and short term of unsupervised probation.

State wanted 90 days of jail, anger management counseling, 3 years probation.  Client had failed to appear several times throughout the case and several bench warrants had been issued for his arrest.  Utilized strategic pleading to the court.  Result = time served, 21 days jail suspended upon successful completion of 11 months unsupervised probation.  Client much relieved.

6th shoplifting case, no jail & no fines

June 7, 2016

Result =

All jail suspended, no fines.

Client has 5 prior convictions for theft and shoplifting.  Prosecution offering 45 days of jail as a “plea offer.”  Utilized strategic plea strategy and emphasized client’s mitigating circumstances including recent counseling efforts.  All jail suspended, client walks out of courtroom.

Criminal driving while suspended (plus failures to appear) dropped to civil traffic ticket

May 25, 2016

Result =

criminal driving while suspended dropped to civil traffic ticket and failures to appear dismissed. No conviction on record.

Class 1 misdemeanor criminal driving on a suspended license in 2012.  Risk = up to 6 months jail, 3 years probation, $2,500 + surcharge.  Client had failed to appear at many court hearings over the past 4 years.  Affirmed and prepared for trial.  On day of trial, obtained offer from the prosecution to drop the criminal charge 3 levels down to a civil traffic infraction with small fine and all failures to appear to be dismissed.  No criminal conviction and a small fine.

Pre-plea diversion obtained on prescription drug possession

May 24, 2016

Result =

entire case dismissed if client completes a substance abuse program.

Client with no criminal history given narcotic prescription pills by a friend.  Utilized mitigation investigation and obtained a pre-plea diversion offer (which is agreement by prosecution to dismiss the entire case if client completes a substance abuse class).  Great outcome.

3 Domestic Violence cases dismissed on the day of trial.

May 12, 2016

Result =

3 clients, 3 cases dismissed.

3 clients with domestic violence cases (2 assaults, 1 criminal damage).  3 cases dismissed on the day of trial.

Dog at Large

May 10, 2016

Result =

Case Dismissed.

2 counts dog at large (misdemeanors).  Client wanted to take convictions and pay a fine.  I asked for a bit of time to see if I could get the dismissal. Client put his trust in me.  Case dismissed.  A nice win for a very nice client.

False Reporting to Law Enforcement

April 30, 2016

Result =

Extensive criminal history + felony probation. Risk = 6 months jail, 3 years probation, $2500 fine. Result = only 15 days jail (with all jail costs waived), 15 days suspended if client completes 12 months unsupervised probation.

Client with extensive felony and misdemeanor criminal history + on felony probation for possession of dangerous drugs.  Client had real possibility of being sent to jail for up to six months.  Result = after some slick negotiating, client only given 15 days jail with 15 days suspended if successful completion of 12 months unsupervised (no probation officer) probation.

Extreme DUI (BAC .19) – dropped to 1st time DUI impaired slightest degree

April 11, 2016

Result =

Bad Extreme DUI motorcycle accident. Worked on extensive mitigation. Deviation request granted by prosecution to 1st time DUI (impairment to slightest degree). Client saved a lot of jail and $$$.

Phoenix Municipal Court – Horrific single-person motorcycle accident DUI. Client left with lifelong body and brain injuries. Blood alcohol of .19 (that’s about 2 1/2 times the legal limit). Approximately 1000 pages of medical documentation. Worked very hard on this one (and client was a tremendously nice guy). Got a rare deviation to a first-time, slightest impairment DUI misdemeanor. 1 day jail. Prosecution really came in with an open mind, listened to my arguments, and agreed that he could share his story and its consequences in his life to the benefit of others. Good outcome for a good person and his family.

Domestic Violence – Assault + Immigration Issues. Case dismissed.

April 14, 2016

Result =

Case with deportation consequences as well as incarceration dismissed after utilizing a multi-hearing, procedural strategy to client’s benefit.

Client in process of applying for citizenship.  Argument with significant other gets nasty, she calls the police while angry.  He is arrested and charged.  Risks = up to 6 months jail, 3 years probation, $2500 fine, deportation, prevention from gaining citizenship.  Utilized specific procedural strategy over the course of several scheduled hearings to client’s benefit.  On the day of trial, prosecution seeks to continue the case.  Over prosecutor’s objection, judge grants my request for dismissal.  A big win with multiple benefits for my client.  No criminal record, no immigration roadblocks.

Shoplifting – Wrong guy charged. Case dismissed.

April 14, 2016

Result =

Arrestee gave my client’s name, prosecution charged wrong guy. Investigation demonstrates that my client wasn’t the person on the video. Prosecution drops the case.

Client lives out-of-state.  Charge from several years ago.  His identity was stolen and another guy used his name when arrested for shoplifting.  Had client send old out-of-state driver’s license from time period, tax returns, signature samples.  Reviewed video of the shoplift and compared to MVD photograph of client.  Not the same person.  Nagged the prosecution into conducting further investigation.  They found the true perpetrator, whose name is similar to client’s.  Case dismissed.  Justice done.

Arizona State University Disciplinary Investigation / Proceedings – Client unscathed.

April 13, 2016

Result =

Client facing potential felony charges, worried about being expelled shortly before graduation. Prepared well for disciplinary investigation and worked on thorough narrative of mitigation. Client will graduate without problems and minimal discipline.

Client arrested for potential felony charges and referred to Office of Student Rights and Responsibilities for sanctions.  Prepared client for hours by conducting mock interviews, reviewing ASU codes and regulations, practicing mitigation.  Result = client received one-hour positive choices class and can’t return to a specific area of campus.  No record of discipline on transcripts and client will graduate with no problems.  A great result for a great kid.

Don’t represent yourself. Get a pro. Multi-charge domestic violence case – all domestic violence allegations dropped and assault dismissed.

April 4, 2016

Result =

Multi-charge domestic violence case. Client almost took domestic violence plea when self-representing. Made the call to Marner Law. Conducted investigation, demonstrated mitigation, all domestic violence allegations and the assault charge dismissed.

University Lakes Justice Court – Client charged with fighting with boyfriend, shoving and hitting him, punching victim’s vehicle causing dents.  Client had attempted to represent himself and almost entered a plea for a domestic violence conviction.  Would have significantly impacted his future.  Marner Law got the call and got to work.  Client has never been in legal trouble.  Conducted investigation and legal analysis demonstrating motive for victim fabrication.  Also demonstrated significant mitigation including involvement with Alcoholics Anonymous since incident.  Requested and received dismissal of all allegations of domestic violence and the assault charge.  Client sentenced to minimal probation, small fine, all jail suspended.  Good day for this good individual.

Theft case dismissed, client does a backflip for the judge.

April 5, 2016

Result =

Theft of money orders – ready for trial – case dismissed. Resolved client’s second open case and he actually did a backflip in court in front of the judge. Happy client???

Phoenix Municipal Court – Client charged with stealing 2 money orders.  Case prepped, ready to fight – prosecution dismisses case.  Also successfully resolved another of the client’s cases after the dismissal to fines only.  Client was literally so happy he did a backflip in court in front of the judge.  It was quite a sight.

DUI Ignition Interlock Criminal Violation – Case dismissed.

April 4, 2016

Result =

Client being charged with subsequent criminal violation of ignition interlock statute after a DUI conviction. Identified missing information that significantly weakened State’s case. Case dismissed.

Phoenix Municipal Court – Client charged with violating ignition interlock criminal statute requiring device in vehicle due to prior DUI conviction. Identified missing information which weakened State’s case to point of being non-winnable.  Case dismissed.

Marijuana DUI – case dismissed

April 4, 2016

Result =

Phoenix marijuana DUI case – identified jurisdiction issue and all charges dismissed.

Phoenix Municipal Court – client charged with 2 counts of drug DUI (marijuana).  Risk = 6 months jail, 5 years probation, $2500 fines plus surcharge, 1 year driver’s license suspension.  Identified jurisdiction issue buried deep in police reports.  Case against client could not proceed.  Case dismissed.

2 domestic violence cases dismissed

February 18, 2016

Result =

2 separate domestic violence cases dismissed.

Phoenix Municipal Court – 2 separate domestic violence assault cases. Both cases dismissed. Risk on each case = 6 months jail, 3 years probation, $2500 + 83% surcharge.  Overjoyed clients.

5 separate cases – 1 case dismissed, client released to time served, no additional jail

March 16, 2016

Result =

One dismissal, no more jail (time served), unsupervised probation, small fine.

Guadalupe Municipal Court – Client had 5 separate cases: 1) domestic violence assault and disorderly conduct, 2) domestic violence disorderly conduct, 3) failure to comply with court order, 4) driving on a suspended license, 5) truancy.

Client being held in jail on all cases.  Negotiated with prosecution to resolve all cases. Truancy case dismissed.  Driving on a suspended: small fine with no jail or probation.  Failure to comply with court order: time served.  Domestic violence cases: time served, unsupervised probation.  Client released from jail on all cases.  Very happy.

Dual Dismissal – Domestic Violence & Public Consumption of Alcohol

March 16, 2016

Result =

Result = prosecution dismissal after demonstrating lack of evidence.

Guadalupe Municipal Court – Client had 2 outstanding cases, 1 for domestic violence, 1 for public consumption of alcohol.  Domestic violence case dismissed when presenting prosecution with age of the case and lack of existing evidence.  Public consumption case dismissed when demonstrating to prosecution that police report did not contain necessary element for conviction of the crime (the actual public consumption of the alcohol).  A very happy client.

Fugitive of Justice felony case – dismissed.

March 30, 2016

Result =

Worked with requesting state to procure withdrawal of application for Governor’s extradition warrant. Warrant withdrawn, Michigan felony child support case dismissed then Arizona felony fugitive case dismissed.

Maricopa County Superior Court – Client was charged with felony failure to pay child support in Michigan and was then arrested and held in Arizona.  Worked with Michigan Assistant Attorney General to resolve past due arrears.  Modified client’s release conditions to free up his $10,000 bond to apply toward past due amounts in Michigan.  Michigan criminal and civil cases dismissed after payment agreement.  Arizona case dismissed due to Michigan case dismissal.

6 Separate Shoplifting & Theft Cases For 1 Client

February 24, 2016

Result =

160 less days of jail than prosecutor’s offer, 1,060 days less than maximum allowable jail.

Client had six separate ongoing cases for shoplifting and theft on six different occasions. State’s offer was 180 days jail flat. Maximum risk for sentencing was 1,080 days jail. Sentencing judge known for harsh sentencing on theft and shoplift cases. Used strategic pleading directly to the court, emphasized client’s financial hardship and ongoing health issues. Result = 20 days jail, with credit for 12 days already served, 340 days of jail suspended upon completion of unsupervised probation (no probation officer required).

2 separate shoplifting cases for 1 client

February 24, 2016

Result =

120 less days of jail than the judge planned to give

Client had two separate ongoing cases for shoplifting and had previous shoplifting and theft convictions in last several years. Sentencing judge known for harsh sentencing on theft and shoplift cases. Utilized strategy to limit judge’s discretion in sentencing. Result = client received 60 days jail with credit for 11 days served, no probation. Judge stated on the record that if defendant had not followed my advice, he would have received 180 days of jail. Good win and a savings of 120 days jail for making the right call.

Assault threatening & intimidating (domestic violence).

February 24, 2016

Result =

225 days jail with credit for 85 served.

State asking for maximum penalty under the law. No real plea offer (offer = plead to the maximum penalty). Utilized strategic pleading directly to court in which client did not admit any allegation of rape. At sentencing, prosecution played 911 tape by wife, showed photographs of injuries, argued rape happened in front of client and wife’s 2 year old daughter. Defense argument that physical evidence did not match victim’s claims (using prosecutions own exhibits against them), and that prosecution was trying to present inflammatory account of crime that client was never charged with or convicted of. A very tough fight and tough facts to argue, but at the end, the Judge gave far less than maximum: 225 days jail to cover both counts.

Assault (domestic violence).

February 25, 2016

Result =

case dismissed on day of trial.

Phoenix Municipal Court. Risk = 6 months jail, 3 years probation, $2500 fine.

Disorderly Conduct, on probation for felony.

February 25, 2016

Result =

pre plea offer diversion (no probation violation and case dismissed if 16 hour class completed).

Guadalupe Municipal Court. Big win for client who faces years of prison if convicted of any crime while on probation.

Criminal hit and run charge dismissed.

October 24, 2017

Result =

Criminal charge dismissed and client only has civil traffic infractions. Gets to keep clean criminal record.

Client charged with criminal hit and run, causing damage to parked vehicle. Shrewd negotiation allowed criminal charge to be dismissed, and client walked away with 2 civil infractions. Client keeps clean criminal record. A nice victory.

Extreme DUI (plus 2 regular DUI) dismissed due to untimely prosecution.

October 20, 2017

Result =

Case dismissed, DUI x3.

Client accused of extreme DUI (BAC +.15). Filed motion to dismiss case based on failure of prosecution to diligently prosecute. Case dismissed.

Case dismissed: Super Extreme DUI (BAC +.20) + police misconduct

October 21, 2017

Result =

Case dismissed. Super Extreme DUI, BAC +.20.

Super extreme DUI case involving extreme police misconduct. In-depth investigation results in complete case dismissal.

Case dismissed – 2x DUI.

October 17, 2017

Result =

Case dismissed.

Client charged with multiple counts of DUI. BAC = .10. Client risks = 6 months jail, 5 years probation, $2500 fine plus surcharges, mandatory $1000 in assessments, driver’s license suspension, ignition interlock requirement, alcohol counseling. Case dismissed.

Case dismissed – Driving on Suspended License, Possession of Revoked License

October 13, 2017

Result =

Case dismissed.

Client risk on both charges: 6 months jail, 3 years probation, $2500 fine plus surcharges, further suspension of driver’s license. Case dismissed.

One year driver’s license suspension for DUI – voided

October 6, 2017

Result =

One year suspension voided.

Client alleged to have refused chemical test upon arrest. Challenged suspension and won. One year driver license suspension voided.

Case Dismissed – Driving on Suspended License

September 7, 2017

Result =

Case dismissed.

Ready for trial, State dismissed day of trial. Client faced up to 6 months jail, 3 years probation, $2500 fine plus surcharge.

Criminal Speed charge – acquittal at trial

August 18, 2017

Result =

acquitted on count of criminal speeding at trial.

Client charged with several criminal charges, including criminal speed with allegation of driving up to 90 mph through business district. Charge of criminal speed resulted in not-guilty verdict at trial. Challenged police officer’s ability to accurate pace client’s vehicle and his basis of knowledge regarding the calibration of his own vehicle’s speedometer.

Criminal charge dismissed – Displaying fictitious license plate/registration (criminal vehicular charge)

August 1, 2017

Result =

criminal charge dismissed and civil traffic violation results in all fines waived and no driver’s license suspension.

Client with no criminal history and no motor vehicle department history charged with knowingly displaying fictitious registration tags from another vehicle. Risk = 4 months jail, 2 years probation, $750 fine plus surcharges. Showed prosecution that the charge was missing a key element of intent. Client able to plead responsible to a civil traffic violation of no proof of insurance, criminal charge dismissed, all fines waived, no license suspension. Happy client who continues to have a completely clean record.

Full acquittal at trial – Endangerment and Criminal Damage (road rage)

July 8, 2017

Result =

Not guilty on all charges at trial.

Client accused of trying to run into person’s vehicle, getting out of his own vehicle, throwing tire iron at person’s vehicle while in traffic, and causing paint / dent damage to vehicle. Trial held. Impeached alleged victim on his racial bias and motivations to fabricate, as well as logistical problems with his account. Result = full acquittal on all charges.

Driving on a Suspended License – Case Dismissed

June 8, 2017

Result =

Case dismissed.

Risk = 6 months jail, 3 years probation, $2500 fine plus surcharges, further suspension of license. Case dismissed by prosecution on day of trial.

DUI dropped to reckless driving misdemeanor – no jail, no ignition interlock, no SR-22 insurance

June 7, 2017

Result =

DUI dropped to reckless driving. No jail.

Client charged with DUI. Police perform field sobriety tests and portable breath test shows .104 BAC. Discovered problems with investigative techniques, field sobriety tests, and blood draw. Utilized significant weaknesses from the investigation to get prosecution to drop DUI down to reckless driving, a lower-level misdemeanor. Client does no jail (as opposed to mandatory jail for a DUI), pays minimal fine, has no requirements to get ignition interlock installed or high-risk auto insurance. A solid outcome on a case with potentially huge consequences.

Drug and alcohol DUI charges while on probation – dismissed.

May 26, 2017

Result =

DUI charges dismissed.

Client charged with drug and alcohol DUI charges. Admission to use of medications and drinks, admission to impairment. Pointed out issues with laboratory results on drugs and alcohol, informed prosecution I would like dismissal of charges. Prosecutor agreed.

Failure to Provide Driver’s License – Not Guilty Verdict

May 26, 2017

Result =

Not Guilty verdict.

Client charged with failure to provide driver’s license and several civil citations. Conviction would have immigration consequences. Suspected that police were fishing for undocumented individuals and profiled my client. Conducted suppression hearing and submitted case to the judge for trial based on suppression testimony. Verdict: not guilty. The look on the prosecutor’s face was priceless! (And I had asked nicely for him to dismiss it beforehand. He should have listened.)

DUI – .146 BAC + wrong-way driving + admissions, dropped to reckless driving class 2 misdemeanor

May 23, 2017

Result =

DUI charges dropped to reckless driving misdemeanor. All jail suspended, significantly reduced fines, no DUI conviction on client’s record.

Client on police camera driving wrong way down a divided street. Client admits on camera that he is impaired. Blood alcohol concentration (BAC) of .146, almost twice the legal limit. Reviewed all evidence and police videos. Discovered right to counsel issue for leverage. Analyzed and found potential contamination argument in laboratory’s results. Utilized extensive mitigation of client’s life achievements despite adversities in communications with prosecution. Result = DUI charges dropped to a reckless driving charge. No DUI conviction for a young person just starting out, significantly reduced fines, all jail time suspended. A good win.

Criminal driving on suspended license dropped to civil traffic violation with $50 fine and no points

April 12, 2017

Result =

criminal driving on suspended license dropped to civil non-moving traffic violation. No points, no criminal conviction, $50 fine.

Client charged with class 1 misdemeanor driving while suspended. Max penalty = up to 6 months jail, $2500 fine, 3 years probation, further suspension of license. Charge dropped to a civil non-moving traffic violation, fine of $50, no points, no criminal conviction. Client still has a clean criminal record.

Case dismissed – Street Racing and Criminal Speeding

March 27, 2017

Result =

Case dismissed.

Client charged with street racing, faced up to 6 months jail, 3 years probation, $2500 fine plus surcharge, driver’s license suspension. Police told client that they saw him racing from their stationary position, on foot, in an intersection, with Client’s car coming in their direction in a single traffic lane and could tell he was racing by the noise the car made. Client said no deals (rightfully so), so the prosecution added a charge of criminal speeding. Got my investigator and my vehicular expert witness ready and set for trial. No police reports, no cooperation on interviews from the police. Two days prior to trial, state dismisses (and so they should have).

Felony Aggravated DUI with prior felony conviction – Client saved years of prison

March 16, 2017

Result =

probation with 30 days jail out-of-state.

Client charged with two counts of felony aggravated DUI. Client had prior felony conviction. Risks for client if convicted at trial = up to 3.75 years prison, presumptive of 2.5 years. Conducted a retest of the blood sample and received a favorable measurement. Interview of police officer yielded beneficial statements that weakened the state’s case. Developed and utilized extensive mitigation showing that client’s mistakes were long behind him and that he had changed his life since the event. Typical plea offer on cases with similar facts without an attorney putting in the work are usually a prison term in the Department of Corrections or a probation plea with up to a year of jail as a condition. A beneficial plea offer from the prosecution in such a case is to offer probation with 4 months jail. Result = 30 days jail plus probation. Client saved years of incarceration by hiring the right attorney.

Unlawful Use or Possession of Suspended/Cancelled Driver’s License – Case Dismissed

March 3, 2017

Result =

Case Dismissed. Prosecutor acknowledges my assertion of zero evidence for the charge.

Client charged with possessing a suspended or cancelled driver’s license. Risk = up to 4 months jail, $750 fine, 2 years probation. Police reports indicate no facts supporting the charge. Demonstrated lack of evidence to the prosecution. Case dismissed.

Leaving the Scene of a Damage Auto Accident – Dismissed with Prejudice (Prosecutor falls into the Double Jeopardy trap)

March 2, 2017

Result =

Case Dismissed with Prejudice (can never be refiled).

Client accused of hitting construction worker with her vehicle. Case was improperly charged by the police. Analysis of case showed that prosecution did not have sufficient evidence to make the factual basis of the criminal charge. Prosecution witnesses lined up in the courtroom, police and alleged victim. I engaged a strategy of silence with prosecution. The longer the prosecution thought it had a case, the better the client’s case became. Trial gets underway with all witnesses sworn in. At this point, jeopardy attaches and if charge is dismissed, it can never be refiled. Before calling its first witness, prosecutor reviews his documents and realizes he walked into the trap and that he has no case. Case dismissed with prejudice, never to be refiled. Nice win that demonstrates attention to detail resulting in a client walking away with no conviction.

DUI .101 blood alcohol – dropped to reckless driving, no jail, no probation

November 18, 2016

Result =

DUI charges dropped, client plead no contest to reckless driving. No jail, no probation, no alcohol classes, no ignition interlock device.

Client charged with 2 counts of DUI.  Blood alcohol measured at .101.  Client facing mandatory jail, fines, alcohol classes, ignition interlock device.  Client alleged to have driven in a two way turn lane for a mile and a half.  Odor of alcohol, slurred speech, poor balance.  Reviewing laboratory results,  I found likely contamination.  Field sobriety tests not properly conducted.  Mitigation utilized in deviation request to prosecutor to significantly lower client’s charges.  Result = DUI charges dropped, client pleads no contest to reckless driving.  No jail, no probation, no alcohol classes, no ignition interlock device.  Happy client and client’s family.

2nd felony Aggravated DUI – Client saved between 2 and 7 years prison.

August 22, 2016

Result =

5 months prison plus 2 years probation with 100 hours community service instead of 2.25 – 7.5 years prison.

2nd Aggravated DUI.  One prior felony aggravated DUI, one prior misdemeanor DUI.  Case was old, but police and evidence were still around.  Demonstrated significant life changes with client to the prosecution.  Utilized extensive mitigation and aggressive negotiations.  Client’s risk if convicted at trial was mandatory prison between 2.25 and 7.5 years prison (starting point for the judge would have been 4.5 years prison).  Initial offer from prosecution = 2.5 years prison.  I knew we could do better if the prosecutor heard the client’s story.  Compiled extensive personal history and submitted to the prosecution. Next offer = 6 months prison plus probation.   Again, went back to prosecutor.  Final plea = 5 months prison plus probation with 100 hours community service.  Client will be out with her family before Christmas.  Successful outcome and very happy client.

Leaving the Scene of an Accident

June 20, 2016

Result =

$200 fine. No jail, no probation, no classes.

Client in high speed, rear-end collision.  Leaves scene immediately.  Police locate at home, client displays indications of intoxication.  State wanted 10 days jail, alcohol counseling, term of probation.  Utilized strategic pleading and emphasized client’s proactive entrance to substance abuse treatment.  Result = $200 fine, no jail, no probation.

Criminal driving while suspended (plus failures to appear) dropped to civil traffic ticket

May 25, 2016

Result =

criminal driving while suspended dropped to civil traffic ticket and failures to appear dismissed. No conviction on record.

Class 1 misdemeanor criminal driving on a suspended license in 2012.  Risk = up to 6 months jail, 3 years probation, $2,500 + surcharge.  Client had failed to appear at many court hearings over the past 4 years.  Affirmed and prepared for trial.  On day of trial, obtained offer from the prosecution to drop the criminal charge 3 levels down to a civil traffic infraction with small fine and all failures to appear to be dismissed.  No criminal conviction and a small fine.

Jury Acquittal – 2 counts DUI

October 6, 2015

Result =

DUI jury trial – Complete acquittal with 2 independent blood tests showing BAC above .08 plus car crash.

Allegation that client was speeding, caused rear-end collision, failed field sobriety tests, police crime lab reports blood alcohol concentration of .09. Impeached alleged victim to show that he caused the accident, impeached investigating police officers to show they performed a poor investigation and were biased against my client, provided defense lab expert to testify that real BAC results could be below .08 and that client was not necessarily impaired simply because he had alcohol in his system. Risk = up to 6 months jail, 5 years probation, $2,500 fine, suspended license, SR22 insurance, mandatory ignition interlock device, collateral job consequences. Result = after 3 days of trial, jury finds client NOT GUILTY ON ALL CHARGES.

Extreme DUI (BAC .19) – dropped to 1st time DUI impaired slightest degree

April 11, 2016

Result =

Bad Extreme DUI motorcycle accident. Worked on extensive mitigation. Deviation request granted by prosecution to 1st time DUI (impairment to slightest degree). Client saved a lot of jail and $$$.

Phoenix Municipal Court – Horrific single-person motorcycle accident DUI. Client left with lifelong body and brain injuries. Blood alcohol of .19 (that’s about 2 1/2 times the legal limit). Approximately 1000 pages of medical documentation. Worked very hard on this one (and client was a tremendously nice guy). Got a rare deviation to a first-time, slightest impairment DUI misdemeanor. 1 day jail. Prosecution really came in with an open mind, listened to my arguments, and agreed that he could share his story and its consequences in his life to the benefit of others. Good outcome for a good person and his family.

DUI Ignition Interlock Criminal Violation – Case dismissed.

April 4, 2016

Result =

Client being charged with subsequent criminal violation of ignition interlock statute after a DUI conviction. Identified missing information that significantly weakened State’s case. Case dismissed.

Phoenix Municipal Court – Client charged with violating ignition interlock criminal statute requiring device in vehicle due to prior DUI conviction. Identified missing information which weakened State’s case to point of being non-winnable.  Case dismissed.

Marijuana DUI – case dismissed

April 4, 2016

Result =

Phoenix marijuana DUI case – identified jurisdiction issue and all charges dismissed.

Phoenix Municipal Court – client charged with 2 counts of drug DUI (marijuana).  Risk = 6 months jail, 5 years probation, $2500 fines plus surcharge, 1 year driver’s license suspension.  Identified jurisdiction issue buried deep in police reports.  Case against client could not proceed.  Case dismissed.

2 counts felony Aggravated DUI, felony Endangerment (domestic violence), misdemeanor assault.

December 27, 2014

Result =

1 count Aggravated DUI (undesignated – potential to become misdemeanor) with 1 day jail, all other charges dismissed. No domestic violence or assault convictions.

Blood Alcohol Concentration = .090. Utilized interviews and investigation to demonstrate alleged victim bias and motive. Result = 1 count Aggravated DUI (undesignated – potential to become misdemeanor) with 1 day jail, all other charges dismissed. No domestic violence or assault convictions.

2 counts felony Aggravated DUI.

December 26, 2014

Result =

4 months prison + probation instead of 6 -15 years prison.

Client had out-of-state felony convictions. Risk = 6 – 15 years prison. Utilized tactical investigation and plea. Result = 4 months prison + probation.

2 counts felony Aggravated DUI.

November 25, 2014

Result =

case dismissed.

Client already accepted plea with another attorney, faced 1 – 3.75 years prison. Investigation into medical history and mental health, successful use of pleadings. Result = case dismissed.

2 counts felony Aggravated DUI while on probation for separate felony Aggravated DUI.

November 24, 2014

Result =

2 years prison total to dispose of both cases.

Client collided with another vehicle. Risk = 4.5 – 7.5 years prison, followed by 1 – 3.75 years prison on probation violation. Investigation into client’s history of abuse and mental health issues. Result = 2 years prison total to dispose of both cases.

2 counts felony Aggravated DUI.

October 26, 2014

Result =

class 1 misdemeanor (and client was able to keep his job).

Utilized on-scene investigation and investigation into client’s history of PTSD. Result = class 1 misdemeanor (and client was able to keep his job).

2 counts felony Aggravated DUI while on probation for separate felony Aggravated DUI.

September 23, 2014

Result =

8 months jail + probation

Risk = 4.5 – 7.5 years prison, followed by 1 – 3.75 years prison. Blood alcohol level above .20. Used mitigation investigation into client’s background to highlight client’s history of abuse and PTSD. Result = 8 months jail + probation

Leaving the Scene of a Death Accident, DUI.

October 20, 2014

Result =

8 months jail + probation.

Risk = up to 8.75 years prison. Investigation showing victim was cause of collision, successful use of mitigation. Result = 8 months jail + probation.

2 counts felony Aggravated DUI, multiple prior felony convictions.

October 22, 2014

Result =

plea to first-time felony, 4 months prison plus probation.

Risk = 6 – 15 years prison. Fought and won client’s release from jail, twice. Result = plea to first-time felony, 4 months prison plus probation.

2 counts felony Aggravated DUI.

September 26, 2014

Result =

class 1 misdemeanor.

5 prescription narcotics. Risk = up to 3.75 years prison. Tactical interview that found police officer dishonesty and multiple civilian interviews conducted. Result = class 1 misdemeanor.

2 counts felony Aggravated DUI.

July 4, 2014

Result =

class 1 misdemeanor.

Blood Alcohol Concentration = .132. Used witness investigation and research into client’s account of the incident including MVD and civil case research. Result = class 1 misdemeanor.

2 counts felony Aggravated DUI.

July 26, 2014

Result =

reduced to class 6 felony (with potential for designation as a misdemeanor) and a class 1 misdemeanor DUI.

Blood Alcohol Concentration = .228. Investigation into client background, mitigation = reduced to class 6 felony (with potential for designation as a misdemeanor) and a class 1 misdemeanor DUI.

2 counts felony Aggravated DUI.

February 26, 2014

Result =

Class 1 misdemeanor, no felony convictions.

Blood Alcohol Concentration = .192. Risk = up to 2 years prison. Utilized mitigation, wrote request to prosecutor based on lack of client’s criminal history and recent traumatic events. Result = Class 1 misdemeanor, no felony convictions.

1 count vehicular felony Aggravated Assault, multiple counts felony Endangerment, DUI.

October 26, 2013

Result =

$50,000 bond reduced to $800.

Blood Alcohol Concentration = .196. Utilized investigation into client’s background and professional successes. Result = $50,000 bond reduced to $800.

2 counts felony Aggravated DUI.

July 26, 2013

Result =

case dismissed.

Blood Alcohol Concentration = .302. Risk = up to 3.75 years prison. Conducted investigation into police officer misconduct. Result = case dismissed.

Felony Jury Trial.

May 26, 2013

Result =

mistrial.

2 counts Aggravated DUI – mistrial.

Felony Jury Trial.

April 26, 2013

Result =

mistrial.

Aggravated DUI with a prior felony- mistrial.

Felony Jury Trial.

January 26, 2013

Result =

hung jury after effective in-court impeachment of dishonest police officer and police criminalist bias

Aggravated DUI (Blood Alcohol Concentration = .151) while on probation for a prior felony for Aggravated Assault. Risk = 4.5 – 7.5 years prison followed by 2.25 – 8.75 years prison on probation violation. Result = hung jury after effective in-court impeachment of dishonest police officer and police criminalist bias

Felony Jury Trial.

December 26, 2012

Result =

2 counts Aggravated DUI with prior felony convictio

2 counts Aggravated DUI with prior felony conviction. Blood Alcohol Concentration = .217. Risk = 2.25 – 8.75 years prison. Effective cross-examination of dishonest police and visual presentation during closing = acquittal on all charges.

2 counts felony Aggravated DUI.

November 26, 2012

Result =

suppression of evidence and case dismissed.

Blood Alcohol Concentration = .173. Risk = up to 3.75 years prison. Utilized legal research and held suppression hearing, arguing police violated client’s 5th Amendment rights. Result = suppression of evidence and case dismissed.

2 counts felony Aggravated DUI with prior felony conviction.

September 20, 2012

Result =

suppression of evidence and case dismissed.

Blood Alcohol Concentration = .223. Risk = 2.25 – 7.5 years prison. Utilized legal research, motion to suppress and police witness testimony to show stop of client was unconstitutional. Result = suppression of evidence and case dismissed.

Manslaughter, Endangerment, Aggravated DUI.

September 6, 2012

Result =

2.5 years prison on lesser charge.

Breath Alcohol Concentration = .138. Risk = prison between 7 and 21 years. Conducted accident reconstruction investigation, witness interviews, successful use of mitigating information. Result = 2.5 years prison on lesser charge.

1 count felony Aggravated Assault (Dangerous allegation), 3 counts felony Endangerment (Dangerous allegation), 1 count felony leaving the scene of an injury accident.

July 2, 2012

Result =

just 1 year probation, no jail or prison time, no fines.

Blood Alcohol Concentration = .195. One car rollover accident with children. Risk = Count 1 – up to 15 years prison, Counts 2 through 4 – up to 3 years prison, Count 5 – up to 8.75 years prison. Highlighted client’s personal successes since the accident and motion related to delay in arrest. Result = just 1 year probation, no jail or prison time, no fines.

2 counts felony Aggravated DUI.

April 26, 2012

Result =

case dismissed.

Blood Alcohol Concentration = .302. Risk = 6 – 15 years prison. Used intensive investigation, technical review, interviews, and successful motion regarding grand jury misconduct. Result = case dismissed.

1 count felony Possession of Marijuana for Sale (40 pounds)

November 26, 2014

Result =

No jail time, no fines, 1 year probation and community service. And, importantly, no negative immigration consequences for my client.

Risk = up to 8.75 years prison. Initiated investigation quicker than the prosecution, utilized inconsistencies in investigation and mitigation highlighting client’s lack of criminal history and strong family and work ethic. Result = class 1 misdemeanor for solicitation to possess marijuana (not for sale). No jail time, no fines, 1 year probation and community service. And, importantly, no negative immigration consequences for my client.

Felony Jury Trial.

October 20, 2014

Result =

Not Guilty on all charges, except for one class 3 misdemeanor speed of over 85 mph on a freeway; after 4 days of in-court impeachment of lying police officer about his history of dishonesty and police discipline, multimedia demonstrations to highlight impossibility of police account, and client testifying as to the truth.

Felony Unlawful Flight from Law Enforcement, misdemeanor reckless driving, misdemeanor excessive speeding (3 counts). Risk = up to 2.5 years prison on the felony count, up to 6 months jail on the misdemeanor counts. Result = Not Guilty on all charges, except for one class 3 misdemeanor speed of over 85 mph on a freeway; after 4 days of in-court impeachment of lying police officer about his history of dishonesty and police discipline, multimedia demonstrations to highlight impossibility of police account, and client testifying as to the truth. Great win.

DUI dropped to reckless driving.

July 17, 2015

Result =

no DUI-related MVD consequences or ignition interlock requirements. Fighting until the end pays off. Client overjoyed.

Gilbert Municipal Court – Client charged with 2 counts of DUI. BAC = .113, pulled over for driving without headlights at night. Risk = 6 months jail, 5 years probation, $2500 fine plus surcharge, suspended driver’s license, ignition interlock device, substance abuse screening and counseling. Conducted INTENSIVE investigation: reviewed body camera footage of arrest, engaged a laboratory and police investigations expert, personally viewed blood tubes, submitted request to prosecution for reduced charge plea offer (denied) but kept attacking and preparing for trial, filed numerous pretrial motions to preclude prosecution from using certain evidence (all granted), 5 days before scheduled jury trial after one final request – prosecution agrees to drop DUI charges and give client a plea offer to class 2 misdemeanor reckless driving with zero days jail and no DUI-related MVD consequences or ignition interlock requirements. Fighting until the end pays off. Client overjoyed.

Not guilty at trial. Domestic violence assault (strangulation).

April 27, 2017

Result =

Acquittal at trial. A great win.

Client accused of choking significant other. Charged with domestic violence assault with serious jail, probation, fines. If convicted, client would become prohibited possessor and lose his security clearance. Prosecutor had arresting officer, alleged victim, photographs of injuries, and body camera footage of investigation that seemed bad for client. But…still had a defense to mount and told prosecutor before trial that he should dismiss and save everyone the headache, to no avail. (Sometimes, you just have to beat them in the courtroom before it sinks in.) Impeached police officer on his lack of medical training, his faulty assumptions about causation and order of events. Impeached alleged victim about her memory of events. Client testified and did well. Result = not guilty verdict. Bullied the bully on this one, all the way to a trial win.

Client brings heroin to court…for charges of Possession of Dangerous Drugs

May 6, 2016

Result =

I got the client released from custody the same day he brought heroin into the courthouse on another drug case.

Client stopped by Superior Court security while going into Superior Court. Client’s belongings x-rayed and searched. Heroin residue and pipe found in backpack. Client was coming to court for felony charges of Possession of Dangerous Drugs and Possession of Drug Paraphernalia. Met with client, argued for release to the Court. Judge releases client that same morning and he gets to go home. An IMPOSSIBLE win.

Aggravated Assault with a Deadly Weapon

May 6, 2016

Result =

Client beat man in head with tire iron. All jail suspended.

Client accused of striking man in the head multiple times with tire iron and causing serious physical injuries. Risk = between 1 to 3 years prison in court of limited jurisdiction + fine between $1,000 – $15,000. Investigated issues related to victim’s criminal history and reputation. Aggressively prepared for and affirmed willingness to go to trial. Result = client accepted last minute prosecution offer on eve of trial to 2 years of jail (with all jail days suspended), 18 months probation, $1,000 fine.

1 count felony Aggravated Assault (Dangerous allegation), 3 counts felony Endangerment (Dangerous allegation), 1 count felony leaving the scene of an injury accident.

May 6, 2016

Result =

Bad car crash, BAC of .19. No jail, no fines.

Blood Alcohol Concentration = .195. One car rollover accident with children. Risk = Count 1 – up to 15 years prison, Counts 2 through 4 – up to 3 years prison, Count 5 – up to 8.75 years prison. Highlighted client’s personal successes since the accident and motion related to delay in arrest. Result = just 1 year probation, no jail or prison time, no fines.

Felony Sex Conduct with a Minor

May 6, 2016

Result =

Risk = up to 27 years. Charges never filed.

Risk = Up to maximum of 27 years prison, sex offender registration. Retained during investigation phase, created aggressive defense strategy versus law enforcement. Result = formal charges not filed.

Felony Unlawful Flight – Jury Trial Acquittal, Cop Loses Job

May 6, 2016

Result =

Most satisfying win of my career.

Felony Unlawful Flight from Law Enforcement, misdemeanor reckless driving, misdemeanor excessive speeding (3 counts). Risk = up to 2.5 years prison on the felony count, up to 6 months jail on the misdemeanor counts. Result = Not Guilty on all charges, except for one class 3 misdemeanor speed of over 85 mph on a freeway; after 4 days of in-court impeachment of lying police officer about his history of dishonesty and police discipline, multimedia demonstrations to highlight impossibility of police account, and client testifying as to the truth.  After acquittal, I filed complaints with Arizona law enforcement licensing agency.  Police officer was investigated by his own agency and fired.  No longer a law enforcement officer.

Manslaughter, Aggravated DUI, felony Endangerment

May 6, 2016

Result =

When the prosecutor gave the plea offer after all of my work, the Judge literally said “Wow.”

SUV collision with motorcycle in Tempe.  Breath Alcohol Concentration of SUV driver = .138. Multiple witnesses to the crash.  SUV driver had her children in the vehicle with her.  Risk = prison between 7 and 21 years. Conducted accident reconstruction investigation, witness interviews, successful use of mitigating information. Result = 2.5 years prison on lesser charge with credit for almost a year served.

2 Counts Felony Aggravated DUI with 2 Aggravated DUI prior convictions

May 6, 2016

Result =

BAC of .302, multiple prior felony convictions for Aggravated DUI. Case dismissed.

Blood Alcohol Concentration = .302. Risk = 6 – 15 years prison. Used intensive investigation, technical review, interviews, and successful motion regarding grand jury misconduct. Result = case dismissed.  Client suggested law firm motto should be “We Bully the Bullies.”  Suggestion accepted!

Possession of Marijuana (40 lbs.) for Sale – 2 full trash bags in a truck

May 6, 2016

Result =

A MASSIVE drop in charges and a great family gets to stay together.

Risk = up to 8.75 years prison. Initiated investigation quicker than the prosecution, utilized inconsistencies in investigation and mitigation highlighting client’s lack of criminal history and strong family and work ethic. Result = class 1 misdemeanor for solicitation to possess marijuana (not for sale). No jail time, no fines, 1 year probation and community service. And, importantly, no negative immigration consequences for my client.

2 Counts Felony Aggravated DUI

May 6, 2016

Result =

Felony DUI, BAC .302. Case dismissed.

Risk = up to 3.75 years prison.  Blood Alcohol Concentration = .302. Risk = up to 3.75 years prison. Conducted investigation into police officer misconduct. Result = case dismissed.

Jury Acquittal – 2 counts DUI

October 6, 2015

Result =

DUI jury trial – Complete acquittal with 2 independent blood tests showing BAC above .08 plus car crash.

Allegation that client was speeding, caused rear-end collision, failed field sobriety tests, police crime lab reports blood alcohol concentration of .09. Impeached alleged victim to show that he caused the accident, impeached investigating police officers to show they performed a poor investigation and were biased against my client, provided defense lab expert to testify that real BAC results could be below .08 and that client was not necessarily impaired simply because he had alcohol in his system. Risk = up to 6 months jail, 5 years probation, $2,500 fine, suspended license, SR22 insurance, mandatory ignition interlock device, collateral job consequences. Result = after 3 days of trial, jury finds client NOT GUILTY ON ALL CHARGES.

1 count felony Sex Conduct With a Minor.

January 26, 2015

Result =

formal charges not filed.

Risk = Up to maximum of 27 years prison, sex offender registration. Retained during investigation phase, created aggressive defense strategy versus law enforcement. Result = formal charges not filed.

Case Dismissed.

January 2, 2015

Result =

Case Dismissed.

1 count Criminal Damage (Domestic Violence) – Phoenix Municipal Court. Risk = Up to 4 months jail. Result = Case dismissed after convincing prosecution that they could not prove essential element of the charge, had credibility and motive problems with their alleged “victim” that I would assuredly attack, and dismissal was in the interests of justice plus they couldn’t win at trial.

Case Dismissed.

February 16, 2015

Result =

Case Dismissed.

2 counts Assault (bar fight) – Phoenix Municipal Court. Risk = Up to 4 months jail on each count. Result = Set case for trial, interviewed and subpoenaed defense witnsses, didn’t quit. Case dismissed.

Case Dismissed.

February 5, 2015

Result =

Case Dismissed.

1 count Assault, 1 count Criminal Damage (Domestic Violence) – Phoenix Municipal Court. Risk = Up to 4 months jail. Result = Case dismissed.

Case Dismissed.

February 18, 2015

Result =

Case Dismissed.

1 count Assault (Domestic Violence) – Phoenix Municipal Court. Risk = Up to 6 months jail. Discovered inaccurate information conveyed to defendant by the prosecution, stopped the case right in front of the judge before anticipated change of plea and sentencing. Met with prosecution and discussed erroneous information and the effect on the case. Result = Case dismissed same day.

Case Dismissed.

March 3, 2015

Result =

Case Dismissed.

1 count Theft – Phoenix Municipal Court. Risk = Up to 6 months jail. Case set for jury trial. Submitted 36 page analysis of how client committed no crime, what elements the State would be unable to prove at trial, and why the case was inappropriate to bring in criminal court. Result = Case dismissed the week before trial.

Felony charge filing averted.

March 20, 2015

Result =

Misdemeanor DUI convictions instead of felony DUI convictions.

Phoenix Municipal Court – 2 counts misdemeanor DUI – Risk = Potential filing of felony Aggravated DUI charges, prison time, permantent felony convictions. Conducted research into status of client’s drivers license after prosecution refused to offer plea. Facts existed which would have allowed felony charges to filed. Used strategic use of pleading directly to the court on lower charges to preclude future filing of felony charges. Result = Misdemeanor DUI convictions instead of felony DUI convictions.

Avoiding damage and inconvenience, and setting aside the conviction.

March 24, 2015

Result =

$100 fine, no jail, no probation AND client doesn’t have to come back from out of state for more court hearings. Immediately filed for set aside of conviction after sentencing. Even wins in small cases have big consequences for my clients. (One month after sentencing due to our application to set aside the conviction, over the prosecution’s objection, client’s judgment of guilt was set aside by the court, and the charge was dismissed.)

Mesa Municipal Court – 1 count consuming alcohol in public – Mesa Municipal Court – Risk = up to 4 months jail, up to 2 years of probation, up to $750 fine + 83% surcharge, AND client who lived out of state needed to avoid multiple hearings requiring his return. Used strategic plea at very first court appearance combined with good mitigation. Result = $100 fine, no jail, no probation AND client doesn’t have to come back from out of state for more court hearings. Immediately filed for set aside of conviction after sentencing. Even wins in small cases have big consequences for my clients. (One month after sentencing due to our application to set aside the conviction, over the prosecution’s objection, client’s judgment of guilt was set aside by the court, and the charge was dismissed.)

2 jury trial dismissals in 1 day.

April 15, 2015

Result =

dismissals in 1 day.

Phoenix Municipal Court – Case 1: Theft – Risk = up to 6 months jail / 3 years probation / $2500 fine plus surcharge. Trial prepared, ready to go. Prosecution dismisses prior to trial. Case 2: Indecent Exposure – Risk = up to 6 months jail / 3 years probation / $2500 fine plus surcharge. Case prepared for trial, witness subpoenaed. Prosecution dismisses prior to trial. 2 times the justice, 2 times the bragging rights.

5 felony drug charges down to no jail and a shot at a misdemeanor.

May 12, 2015

Result =

no jail and a shot at a misdemeanor.

Maricopa County Superior Court – Charges: Possession of Marijuana for Sale, class 4 felony, Possession of Dangerous Drugs, class 4 felony, Possession of Narcotic Drugs, class 4 felony, 2 counts Possession of Drug Paraphernalia, class 6 felonies. Risk = up to 3.75 years prison on the class 4 felonies, up to 2 years prison on the class 6 felonies and up to $150,000 in fines. Client had a wide assortment of marijuana and cannabis items, psychedelics, and drug paraphernalia in backpack when arrested. Utilized mitigating information including client’s own violent victimization by other criminals, struggles with severe mental health issues, educational accomplishments, and strong family support. Result = plead guilty to one undesignated class 6 felony with opportunity to make it a misdemeanor upon successful completion of probation, and absolutely ZERO jail time. Unbelievable outcome for a truly nice individual.

1 count of Aggravated Assault (with Deadly Weapon)

May 22, 2015

Result =

No jail.

Salt River Pima-Maricopa Indian Community Court – Charges: Client accused of striking man in the head multiple times with tire iron and causing serious physical injuries. Risk = between 1 to 3 years prison in court of limited jurisdiction + fine between $1,000 – $15,000. Investigated issues related to victim’s criminal history and reputation. Aggressively prepared for and affirmed willingness to go to trial. Result = client accepted last minute prosecution offer on eve of trial to 2 years of jail (with all jail days suspended), 18 months probation, $1,000 fine. Great outcome for an extremely serious case with severe consequences.

Two trial dismissals. Two grateful clients.

May 28, 2015

Result =

Phoenix Municipal Court – Case 1: Disorderly conduct. Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal. Case 2: Assault. Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal. Two grateful clients.

Phoenix Municipal Court – Case 1: Disorderly conduct. Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal. Case 2: Assault. Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal. Two grateful clients.

Same day, two trials dismissed.

June 23, 2015

Result =

prosecution dismissal. Case 2: Assault (assault). Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal.

Phoenix Municipal Court – Case 1: Assault (domestic violence). Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal. Case 2: Assault (assault). Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal.

Case dismissed on day of trial.

July 10, 2015

Result =

prosecution dismissal

Phoenix Municipal Court – Assault (domestic violence). Risk = Up to 6 months jail, 3 years probation, $2500 fine. Trial prepped. Result = prosecution dismissal. Very happy client.

Trial acquittal on most serious charge.

July 14, 2015

Result =

1 year unsupervised probation, counseling, all jail days suspended

Phoenix Municipal Court – Client charged with endangerment and assault. Risk = up to 6 months jail, $2500 fine, 3 years probation. Government alleged client punched and kicked man and hit him with a car. Trial held, client found not guilty of endangerment (most serious charge), convicted only on lowest level misdemeanor (class 3 misdemeanor assault). Result = 1 year unsupervised probation, counseling, all jail days suspended. Good win.

DUI dropped to reckless driving.

July 17, 2015

Result =

no DUI-related MVD consequences or ignition interlock requirements. Fighting until the end pays off. Client overjoyed.

Gilbert Municipal Court – Client charged with 2 counts of DUI. BAC = .113, pulled over for driving without headlights at night. Risk = 6 months jail, 5 years probation, $2500 fine plus surcharge, suspended driver’s license, ignition interlock device, substance abuse screening and counseling. Conducted INTENSIVE investigation: reviewed body camera footage of arrest, engaged a laboratory and police investigations expert, personally viewed blood tubes, submitted request to prosecution for reduced charge plea offer (denied) but kept attacking and preparing for trial, filed numerous pretrial motions to preclude prosecution from using certain evidence (all granted), 5 days before scheduled jury trial after one final request – prosecution agrees to drop DUI charges and give client a plea offer to class 2 misdemeanor reckless driving with zero days jail and no DUI-related MVD consequences or ignition interlock requirements. Fighting until the end pays off. Client overjoyed.

Assault (group beating)

July 22, 2015

Result =

dismissed WITH prejudice.

Salt River Pima-Maricopa Indian Community Court – Client charged with joining 5 other people in beatdown of a woman. Prosecution alleged that group held woman down, kicked, and punched during group attack. Client maintained innocence throughout proceedings. Conducted extensive alibi investigation, reviewed alleged victim’s medical documentation and 911 calls, aggressively prepared for trial with full intention to smash the prosecution’s case into a million pieces. 2 weeks prior to trial, prosecution dismissed case with prejudice (meaning client can never have the case re-filed against her again). It is one of the rarest ways to resolve a case in criminal law and some criminal attorneys will never obtain a dismissal with prejudice for a client in their careers. Client was incredibly relieved, and this attorney was very pleased with the result.

Shoplifting

August 21, 2015

Result =

jail reduced by 87.5%

Phoenix Municipal Court – Client had multiple prior convictions for shoplifting and theft. Original plea offer = 40 days jail. Used client’s mitigation as victim of crime and health complications to negotiate down to plea offer of 5 days jail, with possibility of 2-for-1 jail credit.

3 separate assault trials.

September 1, 2015

Result =

dismissals by the prosecution.

Phoenix Municipal Court. 3 separate dismissals by the prosecution.

Shoplifting.

September 11, 2015

Result =

No jail, no probation ,small fine and conviction set aside by the court.

Gilbert Municipal Court. Risk = up to 6 months jail, 3 years probation, $2500 fine plus surcharge. Conducted investigation including review of surveillance, research on effects of client’s current prescriptions, utilized extensive medical and personal mitigation. Result = no jail, no probation, $175 fine. Motion to set aside the conviction filed the same day, granted by the court the next business day. A great result for a very nice person.

Assault.

September 29, 2015

Result =

Case dismissed day of trial.

Phoenix Municipal Court. Risk = up to 6 months jail, 3 years probation, $2,500 fine + collateral consequences in custody issue. Case dismissed day of trial.

2 counts DUI

October 5, 2015

Result =

Jury Trial- Not Guilty on all counts.

Phoenix Municipal Court. Allegation that client was speeding, caused rear-end collision, failed field sobriety tests, police crime lab reports blood alcohol concentration of .09. Impeached alleged victim to show that he caused the accident, impeached investigating police officers to show they performed a poor investigation and were biased against my client, provided defense lab expert to testify that real BAC results could be below .08 and that client was not necessarily impaired simply because he had alcohol in his system. Risk = up to 6 months jail, 5 years probation, $2,500 fine, suspended license, SR22 insurance, mandatory ignition interlock device, collateral job consequences. Result = after 3 days of trial, jury finds client NOT GUILTY ON ALL CHARGES.

Criminal Damage (domestic violence).

October 13, 2015

Result =

Case dismissed.

Phoenix Municipal Court. Case dismissed.

Threatening / Intimidating.

October 15, 2015

Result =

12 months probation, $1200 fine payable in 4 installments, all jail suspended.

Salt River Pima-Maricopa Indian Community Court. Allegation that client threatened to shoot a woman. Risk = up to 1 year in prison + $5,000 fine. Result = 12 months probation, $1200 fine payable in 4 installments, all jail suspended.

2 domestic violence assault trials.

October 27, 2015

Result =

2 dismissals.

Phoenix Municipal Court. Risk for each client = up to 6 months jail, up to 3 years probation, up to fine of $2,500 plus surcharge. Both cases dismissed on day of trial.

2 shoplifting cases

November 24, 2015

Result =

Time served

Guadalupe Municipal Court. Risk for each client = up to 6 months jail, up to 3 years probation, up to fine of $2,500 plus surcharge. Both clients received credit for time served and ordered released from custody. No probation, no fines.

Unlawful imprisonment

November 25, 2015

Result =

community service

Phoenix Municipal Court. Risk = up to 6 months jail, up to 3 years probation, up to fine of $2,500 plus surcharge. Prosecution offer included jail time and 3 years probation. Utilized direct plea and effective mitigation. Client received $300 fine which will be waived if 30 hours community service completed.

Possession of Drug Paraphernalia.

December 9, 2015

Result =

dismissal

Phoenix Municipal Court. Risk = up to 6 months jail, up to 3 years probation, up to fine of $2,500 plus surcharge. Police report stated that client was arrested at 4pm sitting at a park table with other men in public park under loitering ordinance because there was a sign on an entrance to the park that stated the park was closed from 8:00am to 4:30pm. Police searched client after arrest and located glass smoking pipe with alleged meth residue. Strikes me as odd that a public park would be closed at 4pm. Met with prosecutor and prosecution supervisor, argued illegal arrest under loitering ordinance. Parks Department confirms park was open normal hours. Arrest was illegal, client broke no law. Search incident to arrest therefore illegal. Prosecution dismisses the case. A just victory.

Criminal Leaving the Scene of an Auto Accident.

December 16, 2015

Result =

civil traffic violation, client receives no conviction, keeps driver’s license.

Kyrene Justice Court. Risk = Up to 4 months jail, up to 2 years probation, up to a find of $750. Client rear-ended a car near a casino, pulled onto freeway, got stuck in traffic and did not return to scene. Collected mitigation regarding client’s subsequent efforts to right the situation, his lack of criminal history, and argued that proposed criminal plea offer was inappropriate. Criminal charge dropped to civil violations. Good win for a good client.