In Arizona, with sex crimes, there's what's known as DCAC, that stands for Dangerous Crimes Against Children. And that's an allegation that's filed, normally, if there is an alleged victim who is 14 years of age or younger. Also, they can file it if the victim's under 18, but the person is a schoolteacher, a doctor, an officer, a priest, things of that nature where there's a position of trust. Step parents, things such as that. If a DCAC is filed and a person is charged with sexual misconduct with a minor, the minimum amount of time on each individual count is 13 years in prison, 20 is the presumptive, 27 is the max. In Arizona, it's day for day prison.  If there are two charges, by law, they must be stacked on top of each other. So 13 plus 13, 26 years now becomes the minimum, and it goes up from there. And each count stems from each individual act. For example, if they say there was oral sexual contact and intercourse, that's two separate violations. If oral sexual contact is both ways, that's three violations. That's now 39 years in prison, minimum day for day. We call these life vendors. Second-degree murder, the most you can possibly do is 22 years. On our average, dangerous crimes against children in the case, people are facing a minimum of 100 years plus. So you need to have a lawyer who knows what they're doing. Now the defenses to these are numerous. Sexual misconduct with minor and child molestation are the two most commonly made false allegations in the United States. Normally it happens in child custody battles. It'll happen with disgruntled teenagers, usually step-teenagers who want to get out of the house or get rid of step-father. Or it can happen simply because a daycare provider doesn't understand what a three-year-old is telling them. Basically what you need to look at is whether you can conduct a polygraph or lie detector on the accused individual. And that's the number one way we step in at the beginning of the case and show the police that these are false allegations. They will use what's known as a voice stress analysis that's judging you on your truthfulness depending on how you answer questions in your voice inflection. And we know how to prepare people to take one of their tests. The other thing we look for is what's known as confrontation calls. This is where the government police officer will get the alleged victim who confront the accused on a telephone. Now obviously the defendant doesn't know they're on the phone. And they'll say things such as, hey, I'm really worried that I might be pregnant and I'm worried because you didn't use a condom. And what will happen is people will say, what are you talking about? Or they'll say, no, the condom was just fine, which obviously presents a problem. But you need to make sure there's not some type of disconnect where they say, hey, I'm worried I might be pregnant. And a boyfriend or somebody else, a step-parent, is thinking that their step-child, step-daughter is talking about their relationship with a different boyfriend. Who says, well, we'll have to take care of this then, we'll go see a doctor, we'll see what's going on. Because it sounds like that person is responsible for the pregnancy. So confrontation calls are very difficult and you need to look at them. Also that they can be suppressed if they come from out of state into Arizona, depending on which state. And a top-notch lawyer will know which state applies and which ones don't. Lastly, in regards to LimeWire, LimeWire is an internet service provider where people will swap or file, share. And what will happen is you sign a contract that you are allowed to accept any downloads that people provide, even if you're not home, and they can read or accept any of your files. The problem that happens is if you type in the word dog, there is so much child pornography that will pop up and then be shipped over to your computer without your knowledge. The FBI will then show up one to two days later, arrest you, take you away, and you now have to prove that you did not open those computer files. And that's what we bring in our forensic computer expert to go through your files to prove that you may have received files but you didn't actually open and view these files. Or if you did open and view it, many people will simply realize what it is and hit the delete button. Unfortunately, it's not really deleted, but it shows that you have the state of mind to say, hey, I don't want to watch this. I'm deleting it. I didn't ask for this. I don't want this. The problem with DCAC crimes, sex crimes in Arizona, is they're non-bondable. So that means once you're arrested, even if you have a million dollars in your pocket, you cannot get out of jail until the case is over. It doesn't matter. There's one exception. If we can walk in and show that proof is not evident and the presumption of guilt is not great, that is called the Simpson hearing. If we can show that, then we can get you released either on bond or third party released or what they call home arrest.   At the law offices of David Michael Cantor, I am a certified criminal law specialist and all of my lawyers are either on their way to certification or they are certified. You get a free initial consultation when you come in, so it doesn't cost you a dime, but it will eat up at least 30 minutes of your time. We'll be more than happy to answer all of your questions and explain all of your defenses. So even if you don't hire us, we will give you the information you need to proceed forward whether you use a different attorney or you use a public defender. But the thing you need to do is make sure that you do contact us and do speak with us because honestly, I don't believe there's anybody out there who knows more than we do, but I believe there's many attorneys who know far less than we do.


The COVID-19 vaccine and flu vaccine are different and it's safe to get both vaccines at the same time. So don't hesitate. Vaccinate. The Pike County Health Department reminds you that the strongest defense is vaccination against flu and COVID. One local family seeking justice after one substitute teacher from Pikeville Independent made racial comments towards a student. I don't care what race you're from or what country you're from. You understand me? Stop screaming that. Stop screaming that. Get yourself up here. I'm going to stagger a danger. Kind of felt shocked. I didn't know that was going to happen that day or anything. And just shocked really. During the incident, Deontay Stevens says the altercation escalated after the substitute asked where a student was, but couldn't hear the response. The mother, Stacey DeMarcus, says she's shocked. I got a call from a friend that had talked to a kid at the school that had the videos that sent it to her and she sent it to me. I was shocked and hurt, mad. In the days following the incident, the substitute teacher has resigned. However, Kelly believes there should be more severe consequences. I'm not satisfied with him resigning. I feel like there should have been some consequences. He should be in trouble. The stuff that he said to him wasn't just something, oh, accidental. As a parent, when we send our kids to school, we're trusting these teachers to guide them, to protect them. And what he did was none of that. In response to the incident, Pikeville Independent Superintendent David Trimble says their goal is to provide a safe and nurturing environment for their students. Whether a resignation or termination or anything other than that, they're the same. There is no difference between resigning or being terminated. We would have completed the investigation, addressed it accordingly. The most important thing is that we have a great passion for taking care of our kids and assuring that all of our kids learn in a safe, nurturing and inclusive environment. That's really always our focus. Anytime we have a situation that's reported to us, we're going to address it immediately. Couldn't have addressed this one any more quickly or efficiently than we did. I commend our high school administration. They contacted me immediately. We addressed it immediately and made sure that we made decisions that were in the best interest of our students and that we always do right by our students. Afterward, we spoke with Stevens about what he thinks should be done about the substitute. I think it was a one-time thing because all the other teachers are great. I love the other teachers. They should not let them work again, like, ever teach again. So anything like that. For Mountain Time News, I'm Joel Korjol.