Our Results

We report primarily litigated results in courts of record, and do not include numerous non-judicial resolutions, preindictment matters, non-prosecution agreements, juvenile matters, and diversion agreements which we have been fortunate enough to help in obtaining. Please remember that our past results are not necessarily predictive of successful resolution of any prospective case. Criminal litigation is by its nature fraught with uncertainty; we want our clients to have a healthy outlook and reasonable expectations.

Date	Case Number	Court	Charge	Case Description	Result
03/09/2014	CR-2014-1397	Pima County Superior Court	ARS § 13- 1201& 1202 Aggravated Assault on a Police Officer (Class 4 Felony)	College Student injured by police charged with felony aggravated assault of Police during physical arrest. Although Class 6 open offense offered, by negotiated plea, trial court was able to designate matter a misdemeanor at sentencing and did so. As part of plea state agreed to dismiss disorderly conduct charges as well.	All felony charges DISMISSED; misdemeanor disorderly conduct charges also dismissed.
02/09/2014	TR-13-122349	Tucson City Court	ARS § 28-1381(a)(1) & (2) DUI & over .08; ARS §28-751.2 Wide Left turn.	Career Military (USAF DM) stopped by police for “wide left turn” Euclid to Broadway. Passed 2 of 3 Field sobriety tests and subjected to search warrant for blood. We moved to Dismiss all charges for lack of probable cause to arrest. After hearing, trial judge granted our motion.	All charges DISMISSED.
20/08/2014	IC-PJ000428	Ariz. Dept. of Transportation Motor Vehicles Division (MVD) Administrative Court/Tucson	ARS § 28-1321 Implied Consent Suspension.	Professional athletic coach served with one year Ariz. driver’s license suspension for alleged refusal to submit to chemical testing as part of DUI investigation (warrant). At hearing, attended by police, we argued successfully that our client did not refuse. The Judge agreed.	One Year Mandatory Driver’s License Suspension VOIDED in full.
19/08/2014	CO14054229	Tucson City Court	Tucson City Code §16-32 Unruly Gathering-Red Tag.	Fraternity President charged with red tag for college party. We proceeded to hearing and argued on behalf of fraternity president.	All charges Dismissed.
14/08/2014	TR-13-043708	Pima County Consolidated Justice Courts	ARS § 28-1381(a)(1)&(2) [DUI and over .08]; ARS § 28-751.2 w[ide Left Turn]	Student stopped by University of Arizona Police for alleged “wide left turn.” According to police department published policies, police are supposed to make and preserve official videos of contact with students/public but failed to do so, or at least disclose the videos in this case. We moved for discovery sanctions, and the trial judge, after consideration dismissed all charges.	All charges Dismissed.
12/08/2014	CR-13-300563	Pima County Justice Court	ARS § 13-1402 Indecent Exposure.	Out of State Professional arrested at local casino for “indecent exposure” and “disorderly conduct.” We challenged arrest by moving to dismiss matter for lack of probable cause to arrest; the trial court granted our motion.	All charges DISMISSED.
12/06/2014	4:13-cv-00413-JGZ	United States District Court	8 USC §1421©	Federal Immigration Litigation: Fashioned nominally as a Civil Action, we filed a specific statutory petition and complaint for citizenship (and attorney’s fees) in District Court. After 14 years of applications and denials, the government claimed that our client, a legal permanent resident from the middle east who holds a Ph.D. and has six US Citizen children, engaged in dishonest or fraudulent activity on his naturalization applications, during N-400 interviews, and during his deportation proceedings. The US Dept. of Justice, Office of Immigration Litigation, Washington D.C. initially moved to dismiss our petition and complaint (12(b)(6)) and simultaneously moved for Summary Judgment, prior to any discovery. We responded, in part, with a detailed cross motion for Summary Judgment. After two requests for an extension, and over a year of litigation, the Government finally acceded , granting relief sought and agreeing to schedule our client’s swearing in as a US citizen.	Government Grants United States Citizenship.
08/06/2014	13606826	Tucson City Court	ARS §28-1381(a)(1) &(2) DUI BrAC .12	Police claim our client, a national security professional ,was speeding, smelled like alcohol, failed the field sobriety tests, exhibited other signs and symptoms of impairment, and was a .12 BrAC, according to a breath testing device, an Intoxylizer 8000 N. Scott Redmon, a new attorney in our office, and former prosecutor, took the matter to trial for us, strongly challenging the reliability of the breath testing device, and the jury acquitted. This was Scott’s first jury trial as an attorney in our office, and his first trial as a defense attorney.	NOT GUILTY all criminal charges Dismissed.
05/06/2014	TR 13075147	Tucson City Court	ARS §28-1381(a)(1)&(2)DUI BrAC .156/.143 & 28-772 Failure to Yield to Emergency Vehicle.	Police stopped our client, a retiree, allegedly for failing to yield to emergency vehicles; claimed he smelled like alcohol, had slurred speech, failed all the field sobriety tests and had a high BrAC . Scott Redmon filed and argued a Motion to Suppress Evidence, asserting that the stop of his vehicle was illegal. The Court granted our motion and the state Dismissed all charges. This was Scott’s first contested hearing as an attorney in our office.	Motion to Suppress Granted; all charges DISMISSED.
03/05/2014	CR13-075713	Pima County Justice Court	ARS § 28-1381(a)(1)&(2)DUI BAC .093(Blood)	Police stopped our client, a commercial driver’s license (CDL) holder, allegedly for an “illegible” New Mexico license plate due to a tinted cover (ultimately arresting him for DUI, but not charging him for the illegible plate). We filed a Motion to Suppress all Evidence, arguing that the police violated our client’s Fourth Amendment Rights, stopping him for no valid reason. The Trial Court agreed and granted our motion. The State then dismissed all charges.	Motion to Suppress Granted; all criminal charges DISMISSED.
28/04/2014	CR2013-4836	Pima County Superior Court	ARS § 13-1602 (Criminal Damage, Class Four Felony); ARS § 28-1381(a)(1)&(2) DUI (misd.)	Our Client, a University of Arizona undergraduate Student, collided with and significantly damaged two parked cars and a covered parking structure. Total property damage was in excess of $10,000.00 and he was indicted for a felony. The State agreed to dismiss felony if all restitution paid at time of sentencing.	All Felony Charges DISMISSED.
31/03/2014	CR13-307486	Pima County Justice Court	ARS §13-3619 Imperiling a Minor (2 Counts) C1M	Licensed Health Professional charged with imperiling the safety of his children when he became dehydrated on a hike in Sabino Canyon Recreation Area, and had to be transported by ambulance to Tucson Medical Center. The children were fine. We filed a motion to dismiss the matter for no probable cause to arrest. The State agreed and dismissed. The Licensing Agency closed the investigation.	All charges DISMISSED.
26/02/2014	TR 13009313	Tucson City Court	ARS §28-1381(a)(1)&(2) DUI; ARS §28-708 Drag Racing.	Police claimed our client, a military professional, was racing, smelled like alcohol, had slurred speech, failed all the field sobriety tests and had a BrAC of .123. We filed a Motion to Supress Evidence, arguing that the police violated our client’s Fourth Amendment Rights, stopping for no good reason. The Court agreed and Granted our Motion. The State then Dismissed.	All Charges DISMISSED.
14/02/2014	CR20134567	Pima County Superior Court	ARS § 13-1204 Felony Aggravated Assault on a Police Officer	Police claimed that our client, an honored career military professional [E-7 15 years] assaulted police during an incident in which our client was tased repeatedly. We presented information to the prosecutor’s office concerning our client’s service and character. The State ultimately agreed to dismiss the felony charge in exchange for a plea to a misdemeanor. The Court imposed no jail or probation.	All felony charges dismissed.
10/01/2014	TR13-068964	Pima County Justice Court	ARS §28-1381(a)(1)&(2) DUI; ARS §28-729.1 (unsafe lane change)	Police claimed our client, a Ph.D. student, left the Union Pub (Campbell and River), made an usafe lane change, smelled like alcohol and did poorly on field sobriety tests. The State ultimately agreed to dismiss all charges in exchange for a plea to reckless driving (no jail or interlock device).	All DUI and other charges dismissed; reduced to Reckless Driving.
19/12/2013	CR20132613	Pima County Superior Court	Criminal Damage, A.R.S. 13-1602, Class 4 Felony; Possession of Drug Paraphernalia, A.R.S. 13-3415, Class 6 Felony; Driving While Impaired to the Slightest Degree, A.R.S. 28-1381, Class 1 misdemeanor; Driving with an Illegal Drug or Metabolite in Body, A.R.S. 28-1381, Class 1 misdemeanor.	Client charged with two felonies, having two prior felony convictions, was facing presumptive 10-year prison sentence. Following plea negotiations, Client pled guilty to class 6 designated felony and received the minimum sentence of six months.	Received minimum sentence of 6 months in prison.
17/12/2013	CR20132085	Pima County Superior Court	Operating an Illegal Enterprise, A.R.S. 13-2312, Class 3 Felony; Theft of Property, A.R.S. 13-1802, Class 3 felony, Attempted Trafficking in Stolen Property, A.R.S. 13-2307, Class 3 Felony.	Client charged with three Class 3 felonies, and, after we challenged grand jury proceedings, client pled guilty to a Class 6 open offense, which was immediately designated as a misdemeanor, for which client received a sentence of 40 hours of community service and probation.	All felony charges dismissed.
15/11/2013	CR20130208	Pima County Superior Court	Aggravated DUI, Driving on Suspended License, A.R.S. 28-1383, Class 4 Felony (2 counts); Aggravated DUI, DUI with two Prior DUI Offenses, A.R.S. 28-1383, Class 4 Felony (2 counts); Possession of Drug Paraphernalia, A.R.S. 13- 3415, Class 6 Felony, and Criminal Damage, 13- 1602, Class 1 misdemeanor	Client, facing four felony charges with two prior felonies, and a presumptive 4.5 year prison term, had special medical circumstances which contributed to the charges against her. Through investigative efforts, we uncovered and presented material to challenge the arrest.	All charges dismissed.
13/11/2013	TR13052423	Tucson City Court	Extreme DUI, A.R.S. § 28-1382, Class 1 misdemeanor (BAC .162/.164)	Client detained by police after being found in car that was parked and turned off. We filed a motion to dismiss all charges based on insufficient evidence to arrest.	All charges dismissed.
23/10/2013	CR12218593	Pima County Justice Court	Criminal Trespass, 1st Degree, A.R.S. 13-1504, Class 1 Misdemeanor	Career professional charged with criminal trespass. We filed a motion to dismiss all charges based on insufficient evidence to arrest.	All charges dismissed.
10/10/2013	TR12060818	Tucson City Court	DUI, A.R.S. 28-1381, Class 1 misdemeanor (BAC .122/.118)	Client stopped by police for an improper turn at 9th and Euclid. We filed a motion to suppress evidence based on an unconstitutional stop. At a hearing, we presented evidence from a retired TPD detective who testified that the client’s driving was reasonable under the circumstances.	All charges dismissed.
18/09/2013	TR12057388	Pima County Justice Court	Reckless Driving, 28-693, Class 2 misdemeanor	Retired professional stopped by police for alleged reckless driving. We filed a motion to dismiss all charges based on an illegal arrest.	All criminal charges dismissed.
07/06/2013	TR12031445	Pima County Justice Court	Super Extreme DUI, A.R.S. § 28-1382, Class 1 misdemeanor (BAC .222)	Client was found standing outside his vehicle, in his driveway. Vehicle was locked and turned off. We filed a motion to dismiss all charges based on insufficient evidence to arrest.	All charges dismissed.
20/05/2013	TR12060807	Tucson City Court	Extreme DUI A.R.S. § 28-1382 (BAC .174/.179)	Career professional with security clearance detained by police for allegedly “stopping in roadway for no apparent reason” at the intersection of Broadway and 6th Ave. in downtown Tucson. According to police she also smelled like alcohol, dropped her keys, had poor balance and failed all three field sobriety tests. We challenged the stop in our Motion to Suppress Evidence, claiming that the stop violated the US Const. Amend. IV. At hearing we presented expert testimony from a retired TPD Detective that the intersection was under construction and that our client’s driving was reasonable. The Motion was GRANTED	All charges dismissed.
24/04/2013	CR20132282	Pima County Superior Court	Aggravated Assault on a Police Officer, A.R.S. 13-1204, Class 2 Felony	University student accused of kicking police officer in face.	All felony charges dismissed.
16/04/2013	CR4323	Pima County Superior Court	Felony Endangerment ARS § 13-1201	University Student arrested and indicted for two counts of felony endangerment, for pointing a laser (class 3 device) at a police helicopter flying in mid-town Tucson just south of campus at approximately 500 feet. The FAA began a parallel investigation. After negotiations and client cooperation, a resolution was reached dropping all felony charges in exchange for a plea to misdemeanor criminal nuisance ARS § 13-2908, (class 3 misdemeanor) and a commitment to public service and education including a televised public service segment. Our client was sentenced to 100 hours of community service. The FAA closed its investigation.	All felony charges dismissed
09/04/2013	TR 12-031445	Pima County Justice Court	Super Extreme DUI ARS § 28-1382	Our client called 911 to report an assault. Police responded to his Foothills home and saw him standing in his driveway; they arrested him for DUI. BAC .222. We filed a motion, alleging that the State could not prove he was driving.	All DUI charges dismissed
27/03/2013	TR 11083851	Tucson City Court	DUI ARS §28-1381(a)(1)&(2); ARS §28-729.1	Police claimed an Emergency Medical Services professional was weaving, driving on a lane divider, smelled like alcohol, failed the field sobriety tests and admitted to drinking half a liter of wine as well as beer. A jury trial ensued where he was acquitted of all charges	Not guilty all charges
15/03/2013	CR 122111837	Pima County Justice Court	Domestic Violence Assault ARS §13-1201& 3601	Pima County Sheriff’s Deputies charged R.N. (ICU nurse) with assaulting romantic partner during domestic dispute at residence.	All charges dismissed
01/10/2012	TR 12011093	Tucson City Court	ARS §§ 28-1381(A)(1);(A)(3) (DUI)	Police claimed that client was passed out in roadway,and admitted to smoking ?designer drug? that police alleged was 100x more potent than marijuana.	All charges dismissed