Criminal Law & Defense Blog » Press Releases

Death Penalty case Dismissed after Arizona Criminal Attorney gets evidence reviewed

David — Tue, 10 Aug 2010 00:06:58 +0000

Maricopa County has dropped its pursuit of Death Penalty in Child Abuse case after Arizona Criminal Attorney has forensic evidence reviewed by numerous experts.

AZ Criminal Attorney David Cantor with Lisa Randall after case dismissal

Phoenix, AZ 08/09/2010
Arizona Criminal Defense Attorney David Michael Cantor secured a Dismissal With Prejudice regarding Capital Murder Child Abuse charges against former daycare operator Lisa Randall. This dismissal marks the first such dismissal in Maricopa County in over 10 years. In the end the prosecution reviewed the evidence of the case, in particular the review of all forensic evidence per Arizona Criminal Attorney David Cantor’s requests, and found no basis for their Capital Murder Charge.

In April of 2007 while Lisa Randall operated her home daycare business of over 26 years, one of the many children in her care became unresponsive. Lisa immediately called 911 and the child was taken to hospital. He was unplugged from life support the next day and was subsequently pronounced dead. The Maricopa County Medical Examiner’s Office later concluded that the infant died of “blunt-force trauma of head and neck” and determined that the manner of death was a homicide.

Seven months later Lisa Randall was arrested on first degree murder charges and her three year legal battle began. The Maricopa County Prosecutors decided that they would pursue the Death Penalty as part of their Organizational leadership’s stance of looking tough on crime. Over the next three years the County’s case for Child Abuse was based on the medical evidence.

Ms. Randall’s family then hired Arizona Criminal Defense Attorney, David Cantor to handle the case. He subsequently had all of the forensic evidence reviewed by numerous experts, including Dr. Ralph Berberich (a Pediatric Oncologist) of Berkley, California who concluded, “It would appear most likely that this baby, in the recovery phase from a viral illness, had a SIDS-like event leading to apnea and cardiopulmonary arrest from which he was resuscitated. There followed the physical effects, laboratory anomalies, and organ failure associated with profound and prolonged apnea.” In addition, Forensic Anthropologist, Madeline Hinkes (also from California) reviewed three separate CAT scans and all other medical evidence and concluded that there was no skull fracture on this child as the State’s Medical Examiner had maintained. Eventually, the Maricopa County Attorney’s Office hired Dr. Cliff Nelson (a Medical Examiner with the State of Oregon) to review all the Defense reports and the State’s forensic findings. He concluded that he could not disagree with the defense experts’ analysis. He added, “I have had other cases thought [by pediatricians] to be deaths due to inflicted head trauma by which, after a complete death investigation, prove the result of a SIDS-like event.”

The State then moved to dismiss the case without prejudice (meaning the State could re-file the case in the future should any additional evidence be found). Although Judge Kemp originally dismissed the case on July 22, 2010 he took Mr. Cantor’s request to dismiss with prejudice under advisement until he could review the entire case history and recent legal precedent. On Thursday, August 4, 2010 he made the exceptionally rare move of granting the Defense’s Motion to Dismiss with Prejudice. This means the case can no longer be brought up in the future. In making his ruling, the judge stated “Under the unique circumstances of this case, the court has considered all of the competing interests and concludes that the defendant deserves closure.” Mr. Cantor stated “Today’s dismissal with prejudice allows Lisa to begin moving on with her life. That being said, we will be filing a civil lawsuit in the near future.”

About the Law Offices of David Michael Cantor
Arizona Criminal Attorney David Michael Cantor’s practice began in 1989 after receiving his JD from the University of Arizona. As Arizona’s premier defense lawyer, David Michael Cantor defends Arizona DUI/ DWI cases, vehicular crimes, homicide, drug and sex offenses, white collar and property crimes. David Michael Cantor is AV Rated by Martindale Hubbell – the highest rating possible – and was voted a Top 100 trial lawyer by the American Trial Lawyers
Association. 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.

Flickr:

Contact Info:
David Cantor
480-858-0808
d.cantor@dmcantor.com

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DUI Phoenix Attorney Earns Not Guilty Verdict and Hung Jury in .104 Blood Alcohol Content DUI Case

admin — Thu, 03 Jun 2010 22:24:26 +0000

(Vocus/PRWEB ) June 3, 2010 — DUI Phoenix Attorney from the Law Offices of David Michael Cantor was able to earn his defendant a not guilty verdict and a hung jury in a .104 blood alcohol content Driving Under the Influence case.

According to court documents, in the case of State v. Rockford (Scottsdale City Court Case No. TR2009034700) the defendant was pulled over for a minor traffic violation and accused of driving under the influence of a blood alcohol content of .104, which is above Arizona’s legal limit of .08.

An Associate DUI Phoenix Attorney from the Law Offices of David Michael Cantor was able to demonstrate that the rookie officer had committed the cardinal sin in report writing; he utilized the “cut and paste” technique. Which means that the officer took prior police reports and simply attempted to insert Mr. Rockford’s name in place of a previous defendant.

The problem was the officer referred to Rockford as a female several times throughout the report. In addition, he called him by two different first names that were completely dissimilar. This rookie officer initially denied utilizing the “cut and paste” technique, and then later had to admit that he had done so. In addition, he made numerous mistakes on administering the field sobriety tests, and had large memory gaps regarding whether they actually had taken place on the night of Rockford’s arrest.

“When an officer uses the cut and paste technique, and is not completely honest with juries, this can result in a Not Guilty and Hung verdicts,” said DUI Phoenix Attorney David Michael Cantor.

As a result of the April 23, 2010 Not Guilty verdict on the driving under the influence charge, the City of Scottsdale’s Prosecutor’s office decided not to retry the BAC above .08 charge. Instead, they offered a plea to a minor traffic infraction.

For more information about the DUI Phoenix Attorneys at the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

About the Law Offices of David Michael Cantor
The Law Offices of David Michael 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.

DUI Attorneys Get Individual’s Prior DUI Conviction Thrown Out

admin — Wed, 02 Jun 2010 04:35:14 +0000

(Vocus/PRWEB ) May 27, 2010 — DUI Attorneys from the Law Offices of David Michael Cantor were able to convince a judge to throw out a man’s prior DUI conviction for purpose of sentence enhancement.

According to court documents, in the case of State v. Siepmann (Case No: TR2008147127) the defendant had been convicted for a second off of Extreme DUI involving a .181 breath test. Due to his prior conviction, the defendant was facing 120 days in jail instead of the mandatory minimum 10 days in jail.

DUI attorneys from the Law Offices of David Michael Cantor were able to argue that the prosecutor did not disclose Siepmann’s motor vehicle from the DMV in a timely manner and as a result, evidence of his prior DUI conviction was suppressed.

Although the prior conviction had been suppressed, the judge was still allowed to enhance the mandatory minimum sentence based upon other evidence. Siepmann was sentenced to serve an additional 5 days by the judge.

“The rules regarding the disclosure of evidence is very specific because the State violated these rules they were unable to use that evidence,” said Phoenix DUI attorney David Michael Cantor. “Although we were unable to earn our client the lowest sentence possible. It still beat 120 days in jail.”

The Law Offices of David Michael Cantor enjoy an excellent reputation as DUI Attorneys in Phoenix, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

About the Law Offices of David Michael Cantor
The Law Offices of David Michael 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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Drunk Driving Attorneys Receive Hung Jury Verdict on a Blood Alcohol Content .264 DUI Case

admin — Thu, 20 May 2010 18:31:46 +0000

(Vocus/PRWEB ) May 21, 2010 — Drunk Driving Attorneys from the Law Offices of David Michael Cantor were able to earn their defendant a hung jury verdict in a DUI case containing a .264 blood alcohol content.

According to court documents, in the case of State v. Jacobs (Phoenix City Court Case No. 3964422) a jury could not reach a verdict regarding a charge of DUI, Driving with a BAC above .08, Extreme DUI (Driving with a BAC above .15), and a Super Extreme DUI (Driving with a BAC above .20).

The April 29, 2010 Hung Jury verdict came as no surprise to the Drunk Driving Attorneys from the Law Offices of David Michael Cantor. Jacobs’ case involved four cops who each had a different story. The most shocking moment came when the arresting officer stated to the jury that after he was through with processing Jacobs, he then “went out hunting” for more DUIs.

“This clearly appeared to be an officer who was out making pretext stops in order to satisfy some type of DUI arrest quota,” said Arizona DUI Attorney David Michael Cantor “Whenever you have an officer who states he is ‘hunting’ for people to pull over, this strikes juries as inappropriate”.

In addition to the officer’s questionable statement to the jury, it became apparent that Jacobs’s signs and symptoms of alcohol impairment were not consistent with somebody who would be at an actual .264 blood alcohol content.

The officers also had offended the jury when they stated that they had been making fun of Jacobs’ “go-go boots” that she had been wearing on the night of the alleged offense. “It is never a good idea to make fun of a person who is being placed under arrest” said Cantor.

The Law Offices of David Michael Cantor enjoy an excellent reputation as Drunk Driving Attorneys in Arizona and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism.

For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

Defense Lawyer Gets DUI Case Dismissed Due to Officer Indiscretion

admin — Mon, 17 May 2010 18:27:49 +0000

(Vocus/PRWEB ) May 18, 2010 — A Defense Lawyer from the Law Offices of David Michael Cantor was able to get a DUI case dismissed because police denied the defendant the right to speak to a lawyer.

According to court documents, in the case of State v. Anderson (Scottsdale City Court Case No. TR2009023619) Anderson was pulled over for an alleged DUI violation and was then taken down to the Scottsdale City Jail. While in police custody, he requested to speak to an attorney and reached for the phone book, which was in the officer’s hands. The officer threw Anderson to the floor, placed him in restraints and put him into a cell for six to seven hours and never allowed him to contact a defense lawyer.

A Motion for Denial of Right to Counsel was filed by the Law Offices of David Michael Cantor and was argued in front of a Scottsdale City Court judge recently. Evidence of the videotape was presented by a defense lawyer from the Law Offices of David Michael Cantor.

In that video, it showed that Anderson was merely reaching towards the officer, and he never made any physical contact. The officer testified that Anderson had “lunged at him”, and he was worried that he would take pens out of the officer’s pocket and use them as a weapon. The judge found this to be an overreaction on the officer’s part and dismissed the entire case.

“Because of the officer’s overreaction, this resulted in a DUI case involving a .210 blood alcohol content of being dismissed completely,” said Defense Lawyer David Michael Cantor. “We have gotten many cases dismissed due to a police officer’s overreactive imaginations combined with their high testosterone levels.”

Thee Law Offices of David Michael Cantor enjoy an excellent reputation as defense lawyers in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit defense lawyer az.

About the Law Offices of David Michael Cantor
The Law Offices of David Michael Cantor feature criminal defense attorneys in Arizona who are ready to represent you. As Arizona’s premier defense lawyer, David Michael Cantor defends DUI and 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.

Arizona Criminal Lawyer Donates 7,000 Bottles of Water to the Boys & Girls Club

admin — Wed, 12 May 2010 18:24:49 +0000

(Vocus/PRWEB ) May 13, 2010 — Arizona Criminal Lawyer David Michael Cantor donated 7,000 bottles of water to the Greater Phoenix area Boys and Girls Club on April 11, 2010.

On April 11, 2010, the Greater Phoenix area Boys and Girls Club Executive Counsel sponsored their annual Taste Festival. This festival involves various foods and wines being debuted at the Kierland Outdoor Shopping Mall in Scottsdale, Arizona.

Approximately 6,000 people attended who all donated varying amounts of money to the Boys and Girls Club of Metropolitan Phoenix. Arizona Criminal Lawyer David Michael Cantor donated 7,000 bottles of water for the event, which took place between 6:00 and 9:00 at night.

“We have donated to this cause every year for over a decade, and we are happy to see a bigger and better turnout as time goes on,” said Arizona Criminal Lawyer David Michael Cantor. “In addition to donating money, our office has also donated legal services to the Executive Counsel in the past.”

The Law Offices of David Michael Cantor enjoy an excellent reputation as Arizona Criminal Lawyers and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

Criminal Lawyer, David Michael Cantor, Guest Lectures at The Phoenix School of Law

admin — Tue, 11 May 2010 18:21:56 +0000

Phoenix, AZ (Vocus/PRWEB ) May 12, 2010 — Criminal Lawyer David Michael Cantor spoke to a group of law students at The Phoenix School of Law on Thursday, April 8, 2010. Cantor spoke to students about the case stages of a criminal defense case, which included Misdemeanor Adult Stages, Felony Adult Stages and Juvenile Case Stages.

Criminal Lawyer Cantor was asked to speak about the “nuts and bolts” of criminal procedure by Professor Keith Swisher. Swisher asked Cantor to speak to his student because of Cantor’s expertise in criminal defense and because he discovered that most criminal procedure text books have little or nothing to do with the actual ‘what happens next’ in a criminal case.

Cantor provided basic information regarding all stages of what occurs after a traffic stop, from the issuance of the ticket to being booked into jail, to the case’s final appellate stage. In addition, the differences between Juvenile Court and Adult Court were discussed in depth with the students.

“My goal was to prepare the law students to be ‘practice ready’ from the moment they pass the bar exam,” said criminal defense lawyer David Michael Cantor.

Cantor also discussed the DUI laws in Arizona, and what a person should do if they are stopped by the police. Cantor informed the students that this would probably be the most common questions asked of the young law students by friends, family and acquaintances upon leaving law school.

“The offense of DUI does not involve an evil heart, such as theft murder or other violent crimes,” Cantor said to the students. “But it is what is known as a threshold crime because it is legal to drink and drive, but it is illegal to drive impaired or above a .08.”

The Law Offices of David Michael Cantor enjoys an excellent reputation as Criminal Lawyers, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://dmcantor.com.

DWI Attorney Earns Not Guilty Verdict in .137 Blood Alcohol Content Blood Case

admin — Sat, 08 May 2010 18:19:38 +0000

Phoenix, AZ (Vocus/PRWEB ) May 9, 2010 — DWI Attorneys from the Law Offices of David Michael Cantor earned a not guilty verdict in a Jury Trial in Chandler City Court regarding a DUI blood case on Thursday, April 8, 2010.

According to court documents, In the case of State v. Rolfness (Chandler City Court Case No: 09-C-33312315) the defendant was accused of driving and having a blood alcohol content of .137, which is well above the Arizona legal limit 0f .08.

Arizona DWI attorneys from the Law Offices of David Michael Cantor were able to demonstrate that blood testing has many flaws, such as plus or minus ten percent deviation as well as potential “fermentation” issues. In addition, numerous field sobriety tests were given to the defendant in which the officers claimed some form of observed impairment. Cantor’s associate was able to systematically dismantle these claims by demonstrating the inherent unfairness of these tests.

“We were able to demonstrate that any observed mistakes were due to environmental conditions and some previous injuries suffered by the defendant,” said Arizona DUI attorney David Michael Cantor. “As a result we were able to earn our client a not guilty verdict.”

The Law Offices of David Michael Cantor enjoys an excellent reputation as DWI Attorneys in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information visit the Law Offices of David Michael Cantor.

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

admin — Fri, 07 May 2010 18:14:52 +0000

Phoenix, AZ (Vocus/PRWEB ) May 8, 2010 — 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 Michael Cantor. “In this case they failed to do so and as a result we were able to get Mr. Gaona’s case dismissed.”

The Law Offices of David Michael 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 the Law Offices of David Michael Cantor visit DUI Attorney Arizona.

DUI Lawyers Get Case Dismissed Due to Officer’s Lack of Memory

admin — Wed, 05 May 2010 16:22:27 +0000

Phoenix, AZ. April 27, 2010 – DUI Lawyers from the Law Offices of David Michael Cantor were able to get an Extreme DUI case dismissed due to the fact that the charging officer was unable to remember details that were pertinent to the case.

In the case of State v. Buford (San Marcos Justice Court No: TR 2008118094) the Justice of the Peace at the San Marcos Justice Court suppressed all evidence after the officer’s traffic stop due to his faulty memory, which resulted in a dismissal of all charges against Buford.

Buford was stopped for an alleged traffic infraction and was ultimately cited for an Extreme DUI after he provided a .154 breath test. Buford claimed that he had made no such driving errors, and he was stopped as a result of a “pretext stop”. In other words, the police were merely pulling people over at two in the morning who were leaving bars in order to check them for DUI on a “hunch.”

“The officer was honest and testified he could not recall any of the specifics of Mr. Buford’s driving,” said Arizona DUI lawyer David Michael Cantor. “Due to this fact, we were able to get all evidence suppressed and the case ultimately dismissed”.

During the hearing, the officer stated that he had no specific recollection of any of Buford’s driving behaviors. DUI Lawyers from the Law Offices of David Michael Cantor argued that Buford’s specific recollection versus the officer’s lack of recollection required Buford’s testimony to be automatically taken as fact under the case precedent of State v. McFall. The judge agreed and suppressed all evidence garnered after the original stop as a result the State chose not to appeal and dismissed all remaining charges against Buford.

The Law Offices of David Michael Cantor enjoys an excellent reputation as DUI lawyers in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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DWI Lawyers Get Blood Test Suppressed Due to The Coercive Tactics of the Police Officer

admin — Wed, 05 May 2010 16:19:55 +0000

Phoenix, AZ. April 27, 2010 – DWI Lawyers from the Law Offices of David Michael Cantor were able to get a blood test suppressed in a case involving a DUI with a prior due to the coercive tactics of the arresting officer.

In the case of State v. Creek (City of Phoenix Court Case No. 3884018) a City of Phoenix judge suppressed the readings of a .136 blood test in a DUI case due to the coercive nature of obtaining the blood.

In the Creek case the defendant was from Texas and was told that he would be booked into jail overnight unless he completely complied with the blood draw, all questions and field sobriety tests. While in the DUI van with two police officers, the defendant stated “I don’t’ want to be any trouble, but I should speak with a lawyer.” The officers gave Creek the “evil eye” and looked at each other. Creek then stated “Never mind, I’ll do what you want.” After the blood was drawn and he answered questions Creed was allowed to take a taxi back to his hotel.

The judge found that the officers clearly infringed on Creek’s 5th Amendment Constitutional right to speak to counsel before answering questions or agreeing to provide a blood sample. Due to the fact that this was a DUI with a prior conviction, Creek was facing a minimum of 120 days in jail, but because of the officers’ improper actions he received zero days in jail and no second conviction.

“The police cannot threaten you with incarceration in order to get you to answer questions and provide blood samples” said Phoenix DWI Lawyer David Michael Cantor. “ Creek’s Constitutional rights were not awarded to him and as a result his case was dismissed.”

The Law Offices of David Michael Cantor enjoys an excellent reputation as DWI lawyers in Phoenix, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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Criminal Attorney to Speak at the National Child Abuse Defense and Resource Center Conference

admin — Mon, 03 May 2010 16:22:26 +0000

Phoenix, AZ. April 27, 2010 – Criminal attorney David Michael Cantor will be speaking at the bi-annual National Child Abuse Defense and Resource Center Conference in Las Vegas.

The National Child Abuse Defense and Resource Center will be hosting their bi-annual international conference August 26 through August 28, 2010. The international conference will focus on defending false allegations of child abuse and child homicide.

“I am very excited to be speaking at this years’ international seminar,” said Criminal attorney David Michael Cantor. “I am also grateful to be given the opportunity to pass along defense techniques designed to counteract the unethical actions of some unscrupulous prosecutors.”

The conference is designed for criminal defense lawyers, public defenders, legal aid and family court lawyers, private investigators, and other concerned professionals dealing with cases involving allegations of child abuse.

Arizona child assault defense attorney Cantor will be speaking on the topic of ethical violations committed by prosecutors at the Grand Jury phase of their prosecutions. In addition to Cantor, a number of medical professionals as well as two lawyers will be speaking at this years’ seminar including renowned defense attorney Barry Scheck who is most well known as a member of O.J. Simpson’s Defense Dream Team.

The Law Offices of David Michael Cantor enjoys an excellent reputation as criminal attorneys in Arizona, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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DUI Arizona Lawyers Gets DUI Case Dismissed Due to Lack of Probable Cause For Arrest

admin — Sat, 01 May 2010 16:22:29 +0000

Phoenix, AZ. April 27, 2010 –DUI Arizona Lawyers from the Law Office of David Michael Cantor were able to get an entire DUI case dismissed due to lack of probable cause for arrest.

In the case of State v. Hoting (Moon Valley Justice Court Case No: TR2007178414) a judge at the Moon Valley Justice Court heard evidence regarding Hoting’s case involving a .155 breath alcohol content.

Hoting was pulled over by an officer and was not administered any field sobriety tests or a preliminary breath test before being arrested. Hoting was arrested based solely for the reasons that there was an odor of alcohol and because he refused additional field sobriety tests.

“You cannot merely arrest somebody because they smell of alcohol, and because they won’t comply with your every request,” said Phoenix DUI Arizona Lawyer David Michael Cantor.

The Moon Valley Justice Court Judge found that basing the arrest of an individual merely upon the odor of alcohol and refusal to participate in field sobriety tests was not proper. As a result of the fact that there was no additional evidence, such as slurred speech, unsteadiness on one’s feet or other indicators of actual impairment the judge dismissed the case.

The Law Offices of David Michael Cantor enjoys an excellent reputation as DUI Arizona lawyers, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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DUI Lawyers in AZ Earn Not Guilty Verdict in Reckless Driving Case

admin — Fri, 30 Apr 2010 16:22:32 +0000

Phoenix, AZ. April 27, 2010 – DUI Lawyers in AZ from the law offices of David Michael Cantor obtained a verdict of not guilty in the case of State v. Stokes, (City of Scottsdale Court Case No. TR2008028574) a reckless driving case.

In Stokes case, the defendant was leaving a school parking lot in which a security guard was directing traffic. As the guard was directing traffic, he stepped in front of Stokes’ vehicle as was bumped by the defendant’s car which was traveling a mere 3 mph. As a result the security guard contacted the police, and due to the fact that Stokes had multiple prior driving violations on his record the officer decided to file a criminal charge.

At trial the judge properly found that there was no heightened risk of substantial physical injury or death as required by statute as a result the judge found that the police had overreacted and that Stokes was not guilty of reckless driving.

“The judge could see that the only reason Stokes was cited for reckless driving was due to his prior traffic violations, and not due to the facts of what occurred in the parking lot,” said DUI Lawyer in AZ David Michael Cantor.

The Law Offices of David Michael Cantor enjoys an excellent reputation as DUI lawyers in AZ, and throughout the Legal Community because of their aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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Theft Attorney David Michael Cantor’s Office Earns Sentence of Probation for Client Facing Over 200 Years in Prison

admin — Fri, 23 Apr 2010 21:14:40 +0000

Scottsdale, AZ. April 21, 2010 –Theft Attorney David Michael Cantor’s Office was able to earn a sentence of simple probation for a client who was facing ten Felony charges of Fraudulent Schemes, Theft and Embezzlement and a maximum penalty of over 200 years in prison.

Theft Attorney Cantor’s associate was representing Ms. Cohen, a bookkeeper for a sanitation company that was accused of embezzling $84,000, in the case of the State of Arizona v. Cohen.

After Cohen contacted The Law Offices of David Michael Cantor, it was discovered that Cohen had been indicted and a warrant had been issued for her arrest. Theft Attorney Cantor’s associate was able to get Cohen released on her own recognizance after a few hours at the courthouse.

“At The Law Offices of David Michael Cantor, our ultimate goal is provide our client with the best criminal defense possible,” said Theft Attorney David Michael Cantor. “In the case of Ms. Cohen, we were able to keep a defendant, who was facing over 200 years in prison, from serving any jail time and earned her a reasonable restitution settlement.”

The case was ultimately resolved with Cohen sentenced to probation, no actual jail time and restitution to the sanitation company involving monthly payments of $300 per month.

The Law Offices of David Michael Cantor enjoys an excellent reputation as a Theft Attorney in Arizona, and throughout the Legal Community because of our aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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Fraud Lawyer David Michael Cantor’s Office Gets 61 Felony Charges Reduced to One Felony Charge

admin — Fri, 23 Apr 2010 21:12:36 +0000

Scottsdale, AZ. April 21, 2010 – Fraud Lawyer David Michael Cantor’s Office was able to get 61 felony charges, ranging from Fraud Schemes to Participation in a Criminal Syndicate, reduced to a plea of a simple charge of Class 6 Undesignated Felony of Possession of a Forgery Device.

Fraud Lawyer Cantor’s associate was representing Ms. Dye, who was employed at a tax return preparation business which her step father owned, in the case of the State of Arizona v. Dye. Dye had been directed by her stepfather to prepare numerous tax returns and to sign the documents with his name and a social security number that did not belong to either her or her stepfather. This resulted in over $1,000,000 of tax losses to the State and Federal Government. Dye was ultimately charged with 61 felony counts and was potentially exposed to over 200 years in prison.

“The Law Offices of David Michael Cantor worked hard to provide evidence to the Assistant Attorney General that Ms. Dye was unwittingly dragged into this scheme,” said Fraud Lawyer David Michael Cantor. “As a result our office was able to get 61 felony charges reduced to just one and we were able to keep Ms. Dye from being sentenced to any jail time.”

Fraud Lawyer Cantor’s associate presented evidence to the Arizona Assistant Attorney General that Dye was unwittingly pulled into the scheme, and ultimately resolved the case with a plea of a Class 6 Undesignated Felony of Possession of a Forgery Device. Dye received six months of supervised probation, with the charge being designated as a Misdemeanor upon completion of probation, and was able to avoid serving any jail time.

The Law Offices of David Michael Cantor enjoys an excellent reputation as a Fraud Lawyer in Arizona, and throughout the Legal Community because of our aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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Fraud Attorney David Michael Cantor’s Office Gets 103 Felony Charges Reduced to Four Misdemeanors

admin — Thu, 22 Apr 2010 21:12:50 +0000

Scottsdale, AZ. April 21, 2010 – Fraud Attorney 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.

Fraud attorney Cantor’s associate was representing Mr. Rosepink, a prominent estate planning attorney in Scottsdale, AZ, in the case of the State of Arizona V. Rosepink. Rosepink 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 $250,000,000 and absconded.

Fraud attorney Cantor’sassociate was able to provide evidence that Rosepink 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. Rosepink 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, Rosepink’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. Rosepink was placed on unsupervised probation with a low level of restitution and was able to avoid serving any jail time.

The Law Offices of David Michael Cantor enjoys an excellent reputation as a Fraud Attorney in Arizona, and throughout the Legal Community because of our aggressiveness, integrity, honesty, and professionalism. For more information about the Law Offices of David Michael Cantor visit http://www.dmcantor.com.

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Arizona Criminal Attorney Gets Breath Alcohol Readings Suppressed

admin — Tue, 09 Mar 2010 03:26:51 +0000

Phoenix, AZ. March 8, 2010 – Arizona criminal attorney 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.

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

admin — Sat, 06 Mar 2010 03:24:19 +0000

Scottsdale, AZ. March 5, 2010 – Arizona criminal lawyer 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.

Arizona criminal lawyer 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 Arizona criminal lawyer 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 Arizona criminal lawyer 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.

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

admin — Fri, 05 Mar 2010 03:22:35 +0000

Scottsdale, AZ. March 4, 2010 – 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

admin — Thu, 04 Mar 2010 03:19:49 +0000

Scottsdale, AZ. March 3, 2010 – 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, amongst other things, as 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.

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