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Arizona Criminal Law

Phoenix Criminal Defense Lawyer David Michael Cantor on What to Do if You’re Charged with Child Abuse

If you have been charged with Child Abuse, you’re going to require a skilled Phoenix Criminal Defense Lawyer.

The key to defending a charge of Child Abuse / Vulnerable Adult Abuse is to demonstrate first and foremost that any alleged abuse was not done “intentionally” or “knowingly” and remove them from the most serious punishment range (i.e., “Lack of Intent” or “Lack of Knowledge”).

The vast majority of Child Abuse cases are charged under the “recklessness” and “negligence” standards. The key is demonstrating that a person was not “reckless” and that their conduct was not a “gross deviation” from the standard that a reasonable person would observe in this situation. In regards to “negligence”, it must be shown that the person’s care was not a “gross deviation” from the standard that a reasonable person would observe in this situation. For example, if you are at the park and your child is playing on the jungle gym, and happens to fall off and break their arm, most people would agree that you have not engaged in a “gross deviation” from the standard of conduct or standard of care that a reasonable person would observe in that situation. The same applies to other household injuries. A mother or father cannot be expected to be next to their child 24 hours a day. Sometimes children are playing and they just accidentally injury themselves (this happens every day).

Click here to learn more about possible defenses and/or punishment for a Child Abuse charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Defense Lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Lawyers are ex-Prosecutors, and all of our Phoenix Criminal Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Defense Lawyer David Michael Cantor.


What to Do if You’re Charged with Manufacture of a Dangerous Drug

If you have been charged with Manufacture of a Dangerous Drug, you’re going to require a skilled Arizona Criminal Law Attorney.

The key to defending Possessing Manufacturing Equipment is demonstrating that you did not “knowingly” possess the equipment (i.e., “Lack of Knowledge”). In other words, if you live in a household with multiple roommates and you were unaware that your roommates were engaging in this type of activity, then this can be a defense to the charge. It will need to be shown that your fingerprints are not on the chemicals or the manufacturing equipment itself. These defenses also apply to Manufacturing of Dangerous Drugs (not just possessing the equipment). Even if a Defendant has knowledge that his roommates are engaging in this type of activity, as long as they do not knowingly participate and facilitate the illegal enterprise, then they are not guilty of Manufacturing Dangerous Drugs, nor are they guilty of Possessing the Manufacturing Equipment. This of course assumes that the equipment is not in their actual bedroom and it was located out in a garage area or other separate location.

Click here to learn more about possible defenses and/or punishment for a Manufacture of a Dangerous Drug charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Arizona Drug Defense Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Arizona Criminal Law Attorneys are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Lawyers are ex-Prosecutors, and all of our Arizona Criminal Law Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Arizona Criminal Law Attorney David Michael Cantor.


Phoenix Criminal Law Attorney David Michael Cantor on What to Do if You’re Charged with Child Molestation

If you have been charged with Child Molestation, you’re going to require a skilled Phoenix Criminal Law Attorney.

Many times these Child Molestation charges arise during the pendency of a divorce proceeding. In other words, the Defendant’s soon to be ex-spouse, or an angry teenager who wants her father or step-father “out of the picture”, will make up these false allegations. It is important to challenge these charges immediately by reviewing how the report was initially received; obtaining any CPS reports which were prepared; questioning any forensic interviewers which may have talked to the child; obtain any divorce paperwork that may have previously been filed; and potentially obtain a polygraph of the Defendant in order to show that he is, in fact, innocent. All of these procedures must be done rapidly, because once a person is charged, they are “non-bondable” and will sit in jail until the case resolves. This means that if you have a million dollars in your pocket, you will still sit in jail until these charges finalize. This is why these allegations are so dangerous when they come in the context of a divorce proceeding.

Click here to learn more about possible defenses and/or punishment for a Child Molestation charge.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also, David Michael Cantor is a skilled Phoenix Criminal Law Attorney, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Phoenix Criminal Law Attorneys in Arizona are listed in the Bar Register of Preeminent Attorneys®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Criminal Law Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Phoenix Criminal Law Attorney David Michael Cantor.


Arizona Defense Attorney David Michael Cantor on What to Do if You’re Charged with Sexual Assault

If you have been charged with sexual assault, you’re going to require a skilled Arizona Defense Attorney.

Sexual Assault charges can be extremely dangerous in the context of college parties or bar situations. Numerous false claims have been filed by women who were intoxicated and then later regretted their decision (usually after being taunted by friends who used derogatory terms). The alleged “victim” is now left with either acknowledging to their taunting friends that they are a “slut”, or they can “save face” and claim that they were “taken advantage of”. It is important to insure that all medical evidence is reviewed immediately (if there is any); that all witnesses at the bar or party are contacted and interviewed immediately; that a polygraph be conducted on the accused; and that other individuals be interviewed to determine the alleged victim’s propensity for promiscuity and untruthfulness.

Click here to learn more about possible defenses and/or punishment for sexual assault.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Sexual Assault Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Sex Crime Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Defense Attorney David Michael Cantor.


What to Do if You’re Charged with Possession of Marijuana

If you have been charged with possession of marijuana or use of marijuana, you’re going to require a skilled Arizona Criminal Lawyer.

The key to defending any “possession” charge is showing that the person did not “knowingly” possess any drugs or paraphernalia (i.e., “Lack of Knowledge”). Many times we can demonstrate that what was found in a person’s vehicle or inside their house or apartment was left behind by somebody else (such as a roommate, or somebody who came over to the house at a much earlier time). As far as defending the use” of such items, we will need to challenge any claims by the Officer of signs and symptoms of drug impairment or whether he could “smell” any drugs in the air. It will be critical to determine not only what you actually said to the Officers, but also what the Officers are claiming you said.

Click here to learn more about possible defenses and/or punishment for possession of marijuana.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Marijuana Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Marijuana Lawyers know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Criminal Lawyer David Michael Cantor.


What to Do if You’re Charged with Criminal Fraud

If you have been charged with criminal fraud, theft, racketeering, money laundering, robbery, forgery, extortion, false reporting, shoplifting or other white collar crimes, you’re going to require a skilled Arizona criminal attorney.

Many times people are accused of Fraud by dishonest business partners or employers. Sometimes the Defendant has been told that they can pay personal expenses with company checks as a sort of “bonus” that the employer can then write off as a taxable event (i.e., “Lack of Knowledge” and “Lack of Intent”). When the relationship goes bad, the employer then simply accuses the employee of some sort of “Embezzlement”. Also, business deals may fall apart and an accuser can simply claim that they were misinformed or that key elements were omitted (i.e., “material omissions”) which caused them a loss. It is important to have all elements of the case analyzed thoroughly.

Click to learn more about possible defenses and/or punishment for criminal fraud.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). David Michael Cantor is a Fraud Attorney in Arizona and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Criminal Attorney David Michael Cantor.


Arizona Criminal Defense Attorney Procedure in Detention and Preliminary Hearings

The client of a criminal defense attorney in Arizona is usually brought to federal criminal prosecution by indictment, although occasionally, law enforcement officers will initiate the process through a criminal complaint. For his/her initial appearance before a judge, the client and his criminal defense attorney must be brought before the US Magistrate Judge in the district where the offense is alleged to have occurred, or in the district where the defendant was found and arrested. This must be done without “unnecessary delay,” which is generally within 5 days or less. The magistrate informs the client of his rights and sets the case for bail hearing and preliminary hearing.

The Preliminary Hearing

When a complaint is filed, the client of a criminal defense attorney is granted the right to a preliminary hearing, which must be within 10 days if the defendant is under government custody. The detention hearing is often consolidated with the preliminary hearing, allowing the judge the judicial economy of hearing testimony regarding the weight of the evidence in a single hearing, rather than stretching it out between 2 hearings.

Frequently, a federal indictment will arise out of a case that originally started at the state level. In these cases, a preliminary hearing was already likely held at a state court. The testimonies of these hearings are of critical importance to the criminal defense attorney in defense of the federal indictment. Whenever a criminal complaint is filed at the federal level, defense counsel has a similarly excellent opportunity to gather information that may prove useful to the case.

Detention Hearings

The prosecution may request pretrial detention and a hearing for that purpose in the event of:

  • An alleged crime of violence;
  • An alleged drug offense carrying a potential of 10 or more years in prison;
  • An alleged felony if the defendant has prior violent or drug felonies carrying 10 or more years
  • An alleged crime with a punishment of life imprisonment or death;
  • Cause to consider the defendant a flight risk;
  • Or may obstruct justice.

If the government requests the defendant to remain in custody, it may seek up to a 3 day continuance of the detention hearing. A criminal defense attorney may also request continuance to obtain witnesses or to prepare for the detention hearing. If the prosecution seeks pretrial detention, the defendant is usually held in detention pending the bail hearing. A removal hearing may even precede the detention hearing if the defendant is an illegal alien.

A defense attorney appointed according to the Criminal Justice Act is frequently arranged immediately following the defendant’s appearance before the magistrate judge, with the detention hearing being only a few days away. This time will be spent with the criminal defense attorney speaking to the client and his or her family and discussing options in the steps of the legal process ahead of them.

The felony case stages of the legal process are scheduled according to a time line designed to be expedient while allowing the defense plenty of time to consider its case. Both prosecution and defense need to prepare to make their case. Time is of the essence, as an extensive trial can be considered cruel and unusual punishment.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona criminal defense attorney, visit our site.


Arizona Sex Crimes Lawyer and the Interstate Commerce Element of Child Pornography

A sex crimes lawyer in Arizona defending clients charged with receipt or possession of child pornography faces unique challenges. Aside from the mental health issues their clients may be facing, as well as the visceral reaction judges and juries have to these types of cases, many pornography charges are fraught with damaging admissions, forensic reports from government computer experts, as well as garner draconian penalties. However, a sex crimes lawyer can gain leverage by focusing on the frequently overlooked interstate commerce element of the receipt and possession statutes.

It is important to understand that the interstate commerce defense a sex crimes lawyer can make has nothing to do with the power of Congress under the Constitution interstate commerce clause to criminalize receipt or possession of pornography, as that authority cannot be easily disputed. Rather, the defense can make an argument based on the interstate jurisdictional elements in the statutes themselves.

For example, the prosecution must prove that the pornography crossed state lines. In the case of Internet pornography, proving that is open to debate. It is in this blurred area of distinction that a sex crimes lawyer can use to his advantage.

Congress’s narrow jurisdictional element
It is important to recognize that by requiring that elicit images were moved or transported across state lines, Congress enacted a relatively narrow jurisdictional element that is of interest to the sex crimes lawyer. If Congress was chiefly interested in extending federal authority to prosecute as far as possible, it would have adopted wording that merely required proof that the defendant used “an instrument of interstate commerce” while committing a receipt or possession offense. If this had been the wording, merely downloading the images on the Internet would have been enough to prove the interstate element.

Congress probably realized that most states already had child pornography statutes in place, and only sought to create legislation that covered pornography cases across a large region that involved a multitude of states and jurisdictions where interstate activity is clearly involved.

Nevertheless, regardless of Congress’s intentions, the court is required to interpret and construe judicial elements in a narrow light. When it comes to proving interstate activity, prosecutors often offer no proof that the visual depictions were transmitted onto the defendant’s computer from a different state or other location in the country.

For this very reason, a sex crimes lawyer should focus on the sufficiency of proof related to the interstate elements. Most interstate evidence, or lack of, that is offered by the government is typical. In more cases than not, the shaky evidence won’t stand up under scrutiny in court.

The challenges of a sex crime lawyer in Arizona are great. Often, there is little to work with as the evidence presented can be quite conclusive. In addition to the stigmatized nature of sex crimes, the client faces increased prejudice from the jury as well as the bench. It is only in the interstate commerce clause that an attorney gets much leverage to give his client any favor. By hiring a lawyer specialized in sex crimes and the unique issues involved, a client can get a better judgment from the court that results in a more desired outcome.

About the Author
David Michael Cantor is an AV rated (the highest possible rating) lawyer and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about an Arizona sex crimes lawyer, visit our site.


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