Legal Question in Criminal Law in Arizona

ADDENDUM TO PREVIOUSLY ASKED QUESTION BELOW*Does the prosecution really have a case if it stems pretty much solely from one man's accussation & without any property recovered or any other witnesses? Also, even though Scottsdale PD told me I couldn't press charges against the accuser for unlawful imprisonment or assault, should I still look into it? This happened in Scottsdale AZ and the charges are AGGREVATED ROBBERY AND BURGLARY 2ND DEGREE. Plea bargains have already been offered but I don't need nor do I deserve a felony on my record for something as ridiculous as this. I was offfered 6 yrs supervised probation but will still have a felony or a minimum of 3 yrs if I lose. My driver's offer is 1-3 yrs or if he doesn't accept, he's looking at a minimum of 11 yrs if he loses. I need to stress that the ONLY reason this man's door was kicked in and he was mased is because he was physically preventing me from leaving and I hollered for help when he started getting physical. We have two weeks to either accept the plea agreements or to take case to trial. It's so easy for someone to SAY they had their wallet stolen, even if they didn't. What, if any, options do we have to avoid ANY prison time? Thank you.

ORIGINAL ENTRY*This scenario involves more than one question & is a bit complicated. A man calls an escort off Craigslist to visit him at his home. She arrives @ the client's condo with her "driver(security)" waits by his car. NOTE: There is a 3rd person whom her driver is training. Escort receives cash fee from client then uses his restroom to "hide" the money. With client on couch, she proceeds with her routine,telling him the fee goes to an agency & pays for a brief "lingerie show". Advises client if he tips, she can stay a while longer to have more fun. Client is noticably aggitated as he stands up & starts moving toward escort(all the while, "eye-balling" her purse). He says he was expecting more & that she needs to give his money back. When she tells him it's nonrefundable, he responded, "You're not leaving here with my money". Escort tells him she doesn't want any problems but it's an agency fee & let's him know she's going to start towards the front door, asking him, "Are you going to let me leave? You can't keep me hostage." Client tells her there's gonna be problems and once again reminds her that she's not leaving with his money. At this point, he's physically preventing her from getting to the front door, which is only about five feet away. NOTE: Driver is listening the whole time via bluetooth earpiece. Once the driver hears the escalation, he knocks on the door, causing client to become even more agitated & forceful toward escort. She finally yells out, "Help!" The door gets kicked down & she quickly sprints outside, running and getting into the car, which was parked just downstairs. The question of who kicked the door down doesn't even cross her mind because @ this point, she still thinks the guy riding with them is just one of her driver's friends. Naturally, she assumed it was her driver doing the door kicking. Things happen so fast that it almost seems as if she's running out the door as it's being kicked down & apparently the client also got sprayed with mace. All done by the trainee, not her driver. Driver and trainee back @ car in less than a minute & they leave. Oh yes, there's more...

Shortly after escort is dropped off @ her house, they receive another call @ a motel. Unfortunately, this ends up being a set up.And an overdramatized one, at that. Surrounded by police & various firearms pretty much in their faces, escort & driver are forced to the ground in a not so gentle manner, police drive client by to id them & they both end up spending the night behind bars for aggravated robbery and burglary 2nd degree. NOTE: Only thing taken from clients home was the agency fee & no other items belonging to the client ever showed up.Also, trainee had already been dropped off and a friend of driver was riding along for this call.Apparently, client called the police stating he had just been assaulted and robbed of his wallet in his home. Of corse, he left out the part where he threatens,assaults & pretty much holds escort in his home against her will,which is what caused the whole mess in the first place. It gets even better...

Driver has been to DOC before so his bond was extremely high. Escort's wasn't too low either resulting in her spending 3 nights wearing stripes, sleeping on hard cots and eating slop. All stemming from one man's ACCUSATION! Cell phones were impounded as evidence and drivers car impounded for search. NOTE: Although escort informed cops of clients actions, no punishment was brought forward against him & when escort called police dept to press charges against client, she was told she couldn't because only one charge could be charged per incident?Since they didn't take this man's wallet, pleading guilty is just not something they want to do but if goes to trial, driver is looking at 11+ yrs, escort 3+ yrs. With there being so many elements to this incident, I can't think of anything to say other than PLEASE HELP!! And much thanks...


Asked on 6/12/10, 2:49 pm

1 Answer from Attorneys

Jason Lamm Jason D. Lamm Attorney at Law

The situation you pose is a fairly complex one, but one that can certainly be unraveled in preparation for trial. Too often the police believe only one side of the story and are not objective in their investigation. The result is the very situation you are dealing with. My approach is aggressive and comprehensive. I would work up the case thoroughly with my private investigator (retired detective with 25+ years experience in law enforcement) and really focus on the alleged victim. If you are looking to retain representation and have the resources to get "offensive" with the defense of your case, contact me at (six zero two) two two two - nine two three seven.

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Answered on 6/12/10, 7:11 pm


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