Attorney David Lish of MayesTelles PLLC represented an individual who had been charged with five separate class 2 felony sex offenses, including:
- 2 Counts of Sexual Conduct with a Minor
- 3 Counts of Molestation of a Child
These charges amount to multiple life sentences if convicted. The state originally charged our client many years prior but never informed him of the charges or sought his arrest. In 2014, police finally made a move and arrested him.
Lish was able to get the entire case dismissed as a result of a successful Motion to Dismiss for Post-Indictment Delay based on the significant delay between the original charges and the arrest. The motion outlined the state’s failures in diligently prosecuting its case against the client. Following oral argument, the court ordered that all of our client’s charges be dismissed with prejudice. Our client was immediately released from custody and can never be prosecuted for these alleged offenses again. The case was State of Arizona v. Mr. C and handled in Maricopa County Superior Court.
Every individual is entitled to due process under the law, despite how heinous their alleged offense or offenses may sound. Our justice system maintains that every individual is presumed innocent until guilt is proven, something we firmly believe in.
Grounds for dismissal vary from case to case and can include factors such as procedural defects or lack of jurisdiction, but in any case, successfully arguing a Motion to Dismiss requires intensive research and legal analysis. We are proud to have been able to successfully argue a Motion to Dismiss in our client’s case. If you or someone you know has been charged with a sex offense, we invite you to contact MayesTelles PLLC today for a free review of your case to learn your legal rights and options.
*Results depend upon factors unique to each case and results in one case do not predict similar results in others.