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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.


Phoenix DUI Checkpoints for the 2010 Memorial Day Weekend

So far, we are aware of the following Phoenix DUI checkpoints for the 2010 Memorial Day weekend:

Phoenix police officers will have a DUI checkpoint in the West Valley along Castle Hot Springs Road near the Lake Pleasant entrance. The checkpoint is scheduled to run from 3 to 8 p.m. on May 31.

At the checkpoint, cars will be stopped and police will speak with the driver to check for any signs of impairment. Drivers who appear to be inebriated will face further questioning and investigation. Additional patrol officers will also police Arizona 74.

Please drive safely!

For updates regarding Phoenix DUI checkpoints, find DM Cantor on Facebook and Twitter!


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.


How an Arizona Sex Crimes Attorney Client Can Be Affected by the Adam Walsh Act

Ask any sex crimes attorney in Arizona. The Adam Walsh Act, enacted in 2006, is the most complex, progressive and punitive sex offender law ever enacted. It was done in response to the public outcry as well as political outcry over sexual offenders and the threat they present to society. The law was grounded in conception by several noteworthy child sexual homicides, and in fact, names a handful of these children. In essence, the statute enhances penalties for already existing sexual federal offenses as well as creates new federal sexual offenses that the client of a sex crimes attorney may be charged with.

Most importantly, the act establishes the Sexual Offender Registration and Notification Act, creating a national registry of sexual offenders that law enforcement officers may use to access information about sexual offenders in order to efficiently track them throughout the country. The law delineates risk levels for community registration and notification on a 3 tiered system that is offense based rather than risk based.

Essentially, the AWA requires stricter juvenile sexual offender notification elements that can conflict with the rehabilitative process of the client of a sex crimes attorney. The law also restricts the ability of a sex crimes attorney to access evidence regarding computer pornography crimes, which can affect their ability to prepare for trial.

AWA Sexual Offender Civil Commitment Statute

The AWA also created the Jimmy Ryce Civil Commitment Program that established civil commitment procedures for federal sexual offenders. This may be in fact the most castigating feature of the law, considering the reality of life commitment for some sexual offenders. The commitment clause had 2 primary objectives: assist funding for states that don’t have such legislation, and mandate the civil commitment of sexually dangerous federal offenders.

About 20 states entertain civil commitment statutes to confine sexually violent predators. Many states reject such legislation, primarily for funding reasons. The AWA provides grants for states to meet these financial needs.

AWA Limitations

The AWA managed to leave many areas unresolved, much to the frustration of many a sex crimes attorney in Arizona. It failed to establish a standard or burden of proof for risk to reoffend and does not permit a jury trial. The law does not conclude whether the respondent has the right to remain silent, nor does it compel him to participate in a court ordered examination. It also does not provide for a provision that compromises the possibility that disclosures about sex offending behaviors during treatment will not be used against the offender by the government to procure more commitment.

The AWA also fails to resolve discovery procedures related to the client of a sex crimes lawyer.

Most civil statutes include a “likely to reoffend” component. The AWA fails to have such a distinction. Instead, the law incorporates a volitional mandate. The definition only calls for a “serious difficulty restraining from sexually violent conduct or sexual molestation if released.”

The AWA is a harsh law that can impose significant confinements on the client of a sex crimes lawyer in Arizona. Most importantly, it presents roadblocks in the road to rehabilitation. Punishment becomes the solution while rehabilitation becomes an impossibility.

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 attorney, visit our site.


How a Good White Collar Lawyer in Arizona Can Leverage “Puffery”

The recent economic roller coaster face experienced by many corporations around the world has resulted in an unprecedented numbers of people in need of a white collar lawyer in Arizona. As the director of the FBI confirmed last fall, 24 large financial institutions have been investigated for some type of alleged fraud. Whether or not these investigations will result in a filing of charges, it is clear that the current financial crisis will bring about a wave of violations and civil suits alleging violations of the Security Exchange Act of 1934 based on purported material misstatements about a public company’s performance. These companies will soon become the clients of a white collar lawyer.

While these new cases may be bigger and have a higher profile than cases in the past, the legal issues are no different than those faced by any case involving a white collar lawyer. Most of the current cases center themselves around classic securities fraud. So while they may be bigger and more extensive, they involve the same basic issues as any other white collar crime.

A white collar defense lawyer in Arizona is likely to argue that the alleged statements were in fact not material, and therefore cannot form the basis of a legal liability. What counts as a material statement? Statements are considered material when there is a substantial likelihood that a reasonable shareholder would consider the matter relevant enough to affect his or her vote. (more…)


DUI Attorney Arizona Gets DUI Case Dismissed Due to a Miranda Rights Violation

According to court records, DUI Attorney Arizona David Michael Cantor’s office was able to convince a Globe Regional Justice Court judge to dismiss a DUI case due to the officer’s improper reading of the clients Miranda rights.

In the case of State v. Gaona (Globe Regional Justice Court Case No. TR2008002096) Gaona was arrested for an alleged DUI violation. Gaona’s original stop was due to his license plate light being burned out. He participated in only one field sobriety test, on which he performed well, and the officer administered an eye test, which he was not certified to administer. Gaona was arrested and was not told that he had the Constitutional right to speak to an attorney, which is standard in all Miranda rights readings.

At the hearing the officer never identified Gaona in court as the person who he had stopped. When the State was finished presenting their evidence, an associate of DUI Attorney Arizona David Michael Cantor made a Motion to Dismiss the case based on lack of identification and improper administration of Miranda rights. The judge agreed and the entire case was dismissed.

“This is why it is important to make sure that the prosecutors and the police officers check every single box when dealing with a defendant’s rights,” said Arizona DUI Attorney David Cantor. “In this case they failed to do so and as a result we were able to get Mr. Gaona’s case dismissed.”

DM Cantor enjoy an excellent reputation as DUI Attorneys in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about DM Cantor visit DUI Attorney Arizona.

About DM Cantor

DM Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated – the highest rating possible – and was voted a Top 100 trial lawyer. David Michael Cantor has been interviewed and has appeared on Inside Edition, the CBS Morning Show, Good Morning America, CNN Prime News, Hannitty and Combs, and every local news channel including Univision. In addition, his cases have been covered by CNN, MSNBC, and even Howard Stern.


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