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Fraud Attorney Gets 103 Felony Charges Reduced Down to Four Misdemeanors

Scottsdale, AZ. April 21, 2010Arizona Fraud Attorneys at David Michael Cantor’s Office was able to get 103 Felony counts, ranging from sale of unlicensed securities to fraud schemes and theft, reduced to 4 outright misdemeanors and earn their client unsupervised probation with a low level of restitution as opposed to jail time.

The legal team at DM Cantor were brought on torepresent Mr. R, a prominent estate planning attorney in Scottsdale, AZ, in the case of the State of Arizona v. Mr. R. Mr. R was an unwitting partner to a concert promoter who was selling investment contracts with a high rate of return. Rosepink invested his own money, his family’s money and assisted in many of his clients investing their money with the promoter. The promoter eventually stole $25,000,000 and absconded.

Fraud attorneys at DM Cantor were able to provide evidence that Mr. R was a victim and should not be treated as a co-conspirator due to the fact that he also lost a large sum of money.

“Mr. R was clearly the victim of this crime as opposed to a perpetrator,” said Fraud attorney David Michael Cantor. “Our firm was able to provide evidence that proved this to the judge and as a result we were able to get 103 felony charges reduced to four misdemeanors.”

Ultimately, Mr. R’s case was resolved with four counts of a Class 6 Open Felony for Solicitation of Sale of Unregistered Securities. On the day of sentencing the judge designated all four felony counts as outright misdemeanors. Mr. R was placed on unsupervised probation with a low level of restitution and was able to avoid serving any jail time.


Arizona Criminal Attorney Gets Breath Alcohol Readings Suppressed

Phoenix, AZ.  March 8, 2010Arizona DUI lawyers David Michael Cantor’s office was able to get the breath alcohol readings suppressed in the case of State v. Norton. The Downtown Justice Court suppressed Norton’s breath alcohol readings of .136 and .125.

Norton was arrested for an alleged DUI and asked to speak with an attorney in private. An associate for Arizona criminal attorney Cantor was able to provide evidence that when Norton was placed in a private phone room he nervously chewed on several fingernails. The officer, who placed Norton in the phone room, claimed he “watched Norton the entire time” in order to perform a “deprivation period” prior to the breath test. The “deprivation period” requires that the suspect does not ingest anything or regurgitate prior to a breath test. The State’s expert stated that anything—including fingers in the mouth – violates the required deprivation period.

“The officer failed to properly perform a ‘deprivation period’,” said Arizona criminal attorney David Michael Cantor. “Due to this fact, we were able to get the reading suppressed and a non-DUI plea for our client.”

As a result of the evidence provided by Arizona criminal attorney Cantor’s associate, the judge suppressed the readings and this resulted in a non-DUI plea being offered to Norton.


Arizona Not Guilty Verdict in Driving Under the Influence of Ambien Case

Scottsdale, AZ.  March 5, 2010 – David Michael Cantor’s office earned his client a not guilty verdict on the charges of driving under the influence of Ambien (i.e., DUI Drugs) in the case of State v. Niederer. A Scottsdale City Court jury found Niederer not guilty of the stated charges.

Cantor’s associate provided evidence that Niederer did well on field sobriety tests and that any mistakes observed were due to the effects of pain and fatigue Niederer was experiencing as a result of strep throat and not Ambien. The jury found that the Gas Chromatograph device utilized by the State to test Niederer’s blood was questionable and the State did not bring in any maintenance or calibration records on that particular device.

“We were able to provide evidence that Niederer did quite well on the field sobriety tests and any ill effects were not the cause of Ambien,” said David Michael Cantor. “As a result we were able to earn a not guilty verdict for our client.”

During cross examination of the State’s criminalist who analyzed the blood, an associate for Arizona criminal lawyer Cantor was able to get the criminalist to testify that she would perform poorly on a field sobriety test due to the fatigue and pain caused by a recent root canal. Another State’s expert admitted that although Niederer had Horizontal Gaze Nystagmus (an involuntary jerking of the eyes due to a neurological dysfunction). Ambien could cause this eye dysfunction without causing any driving impairment.

Due to the evidence provided by David Michael Cantor’s associate, the Scottsdale City Court jury returned a not guilty verdict on the charges of driving under the influence of drugs.


Arizona Criminal Attorney Earns a Verdict of Not Guilty of DUI and a Hung Verdict on the Charges of DWI

Scottsdale, AZ.  March 4, 2010Arizona Criminal Attorney David Michael Cantor’s office earned his client a verdict of not guilty of DUI and a hung verdict on the charges of DWI in the case of State v. Levitz. A Scottsdale City Court jury found that Levitz was not guilty of DUI (impaired to the slightest degree) and they hung on the issue of whether he had a blood alcohol content of .08 or higher (i.e., DWI).

According to a BAC test, Levitz blood alcohol content was a .120 but criminal attorney David Michael Cantor’s associate was able to provide concern of the fact that the test analyst for the City of Scottsdale used an alcohol based hand sanitizer prior to testing the blood sample. In addition, Cantor was able to show that the criminalist did not properly put on gloves prior to the testing.

“The test analyst did not properly follow the necessary procedures before conducting the blood alcohol content test and the field sobriety test showed that Levitz was not impaired,” said criminal attorney David Michael Cantor. “We were able to provide this evidence to the jury and they returned successful verdicts for our client.”

Criminal attorney David Michael Cantor’s associate was able to provide evidence that the field sobriety test showed that Levitz was not impaired. Levitz had only four cues on the Horizontal Gaze Nystagmus Test (i.e., the Eye Test) which the National Highway Traffic Safety Administration states is indicative of being a .05 BAC. Because the scientific community will testify that all people are impaired at a BAC of .08, but below that level many people are not impaired, the jury found Levitz not guilty of DUI.

Due to the fact that Levitz was found not guilty of being impaired to the slightest degree, it is unlikely that the State will retry the charge of DWI because the not guilty verdict necessarily indicates that Levitz’s BAC was not a .08 or higher.


Defense Attorney Provides Evidence to Get Extreme DUI Case Dismissed

Scottsdale, AZ.  March 3, 2010Arizona Criminal Defense attorney David Michael Cantor’s office was able to provide evidence to a Scottsdale City Court judge that got the case of State v. Norman dismissed. Norman was facing a charge of second offense of extreme DUI after failing a blood alcohol content test with a .164 BAC.

Defense attorney Cantor’s associate was able to provide evidence that Norman was taken into custody and requested to contact an attorney who was out of state. However, police officers did provide Norman with a telephone that allowed him to contact an out-of-state- attorney, stating that he could not allow Norman to use a cell phone because Norman could use that cell phone as a weapon.

“Norman was not properly offered the right to an attorney and that alone is cause to have an entire case dismissed,” said defense attorney David Michael Cantor.

During an Evidentiary Hearing in front of a judge, defense attorney Cantor’s associate was able to point out that Norman was not handcuffed, and could have used a belt or shoe, among other things, as a weapon. However, none of this concerned the officer. Therefore, the judge found that the officer was being disingenuous when he stated that he would not provide Norman’s cell phone because it could be “used as a weapon”.

The judge found that Norman’s right to counsel was violated and he ruled that under the U.S. Supreme Court case of U.S. v Gonzalez-Lopez (2006) that the entire case should be dismissed.

 

If you would like more information about hiring a Scottsdale DUI Lawyer, please call our offices at (602) 307-0808.

 


Defense Lawyer Earns a Hung Jury Verdict on Multiple Charges

Scottsdale, AZ. March 2, 2010Arizona criminal lawyer David Michael Cantor’s office earned his client a hung verdict on all three charges in the case of State v. Shinn. A Scottsdale City Court jury returned the hung verdict on charges of DUI, DWI and extreme DWI.

“At first look, the State appeared to have a very strong case against our client,” said defense lawyer David Michael Cantor. “After extensive examination and research, we were able to identify numerous flaws in the State’s case and earn our client a hung verdict as well as a significantly reduced plea offer.”

The state claimed that Shinn’s blood alcohol content was a .187, however, defense lawyer David Michael Cantor’s associate was able to provide evidence to the contrary. The defense lawyer was able to show that the field sobriety tests indicated that Shinn was not impaired, and he was able to show that the officer’s eye test was not admissible.

Defense lawyer David Michael Cantor’s associate was also able to provide evidence that the City of Scottsdale Police Department was using an old Gas Chromatograph machine that has been replaced by a more reliable machine. Also, the State did not present any maintenance or calibration records which would show that that the machine was working accurately and correctly.

The prosecution has now offered defense lawyer David Michael Cantor and his client a substantially reduced plea offer in order to prevent having to retry the case.

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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Phoenix Criminal Attorney Gets Judge to Over-Rule City Court’s Denial of Motion to Suppress

Phoenix, AZ.  March 1, 2010Arizona criminal attorney David Michael Cantor’s Law Office provided evidence that had a Maricopa County Superior Court Appellate Judge over-rule the Scottsdale City Court’s denial of Motion to Suppress a blood alcohol content test in the case of State v. Nokes. The Appellate Judge suppressed Nokes’ .215 blood alcohol content.

Nokes was arrested by the police for an extreme DWI (i.e., above .15 BAC) and requested to call an attorney prior to a blood test. The officer said (in a taped interview) that he could not recall if Nokes requested an attorney prior to the blood test or after providing blood. An associate for Phoenix criminal attorney Cantor filed a Denial of Right to Counsel Motion, and during the Evidentiary Hearing, the officer now stated that he had a specific recollection that Nokes’ requested an attorney after already providing blood. The officer was subsequently impeached on the stand when the taped interview showed that earlier he stated he had no recollection.

“The case of State v. Nokes should have been dismissed by the Scottsdale City Court judge,” said Phoenix criminal attorney David Michael Cantor. “However, we were forced to appeal to the Superior Court and ultimately got the BAC test suppressed for our client.”

The judge in the Scottsdale City Court denied the Motion even given all this information. Upon appeal, the Superior Court Judge found that the judge in Scottsdale City Court was completely unreasonable and had ignored evidence in order to rule for the State.


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