Case Results 2013

THEFT

Client was charged with Conspiracy to Commit Theft for purportedly helping her son take property in exchange for a debt owed. Prior to trial Attorney Shepherd found several weaknesses with the State's case and advised the client to take the case to trial. The client was found NOT GUILTY after trial. November, 2013

 

DWI

Client drove off of the road while traveling at a high speed in her car. Her car rolled several times. Her car landed at the bottom of a canyon in between two major highways. Client's car landed upside down. Fortunately, Client was not seriously injured. Client was, however, shaken up and just happy to be alive.

Police officer arrived wearing a distinctive hat and a pine green jersey. Police officer spoke with Client. He decided it would be prudent for Client (i.e. accident victim) to perform field sobriety tests to make sure he/she was "ok to drive." Client's car, however, was in such a condition that Client was clearly not going to be driving anywhere for quite sometime. Client took the tests. Client reportedly failed the tests.

Attorney Osborne attempted to get Client a plea offer that would not include a DWI conviction. Such attempts were unsuccessful.

Attorney Osborne took case to trial. At trial Attorney Osborne was able to show the Court the severity of Client's accident and the impact the accident could have had on Client's ability to perform balancing tricks on the side of the road after landing on one's head in a roll over accident. Attorney Osborne also pointed out to Court that the State had failed to prove which highway Client had allegedly been driving on.

Client was found NOT GUILTY of DWI after trial. November, 2013

 

DWI

Client fell asleep at the wheel and struck a telephone pole. A police officer came along and spoke with client. He had client perform field sobriety tests. Police officer insisted that Client failed the sobriety tests (Walking a straight line, standing on one leg, and watching a pen in front of her face). Police officer arrested client.

Attorney Osborne attempted for months to get the prosecutor to drop charge down to a Reckless Driving or Negligent Driving. Prosecutor refused.

Attorney Osborne took the case to trial. Under oath, the arresting police officer testified that a head-on collision into a telephone pole could cause someone to fail field sobriety tests.

Client was found NOT GUILTY of DWI by the Court. November, 2013

 

RIOT

Client was charged with the felony offense of Riot. The client was playing basketball with his younger brother when his brother was attacked by a group of thugs. The police arrived on scene as the client was defending his brother. No good deed goes unpunished - the young client was charged with felony Riot for allegedly engaging in a fight with several people. Attorney Justin Shepherd spoke with the prosecutor well in advance of trial and explained the situation in its entirety. The State dropped the charge. November 14, 2013

 

Receiving Stolen Property

Client charged with 8 counts for Receiving Stolen Property. One night the local police department responded to a mini-mart for a reported robbery. Taken during the robbery were dozens of lottery scratch tickets. The client was alleged to have cashed the lottery tickets knowing that they were stolen. Prior to trial Attorney Shepherd advised the prosecutor that all of the State's witnesses, the co-defendant's responsible for the robbery, had potential 5th Amendment issues and therefore could not testify without the State seeking a grant of immunity. Having no evidence or witnesses to establish that the tickets were stolen, or that the client knew they were stolen, the State dropped the charges. October 25, 2013

 

Conduct After Accident

Client was charged with Conduct After an Accident for crashing a vehicle and walking away from the crash scene without giving his contact information to the vehicle's owner or to the local police. Prior to the commencement of Trial, Attorney Shepherd politely brought it to the prosecutor's attention that he was missing a key witness, specifically the owner of the vehicle in question and, as such, could not prove the case. Rather than seek a conviction the State agreed to simply continue the case for a short period of time with the understanding that it will be dismissed. The client avoided a criminal conviction, likely jail time and a costly hit to his motor vehicle record. October 24, 2013

 

Possession of Marijuana

A local police officer received a phone call from a confidential informant. The confidential informant told the officer that the client had been hanging out with a known narcotics dealer. Later that day, the client's vehicle drove by the officer. Based on a hunch that the client was up to no good, the officer pulled the client over and ordered the client from his vehicle. Thought the officer didn't see or smell any drugs, the officer nonetheless requested consent to search the vehicle. When the client said "no" the officer threatened to get a drug sniffing k-9. Feeling as though he had no options, the client "purportedly" consented to the search.

 

Prior to trial Attorney Shepherd filed a Motion to Suppress the evidence alleging numerous constitutional violations. Specifically, the Officer had no basis to pull the client over, no basis to ask the client to step from his car and no basis to request consent to search. Additionally, the consent to search was not freely given but only given after a threat of a K-9. The state DROPPED the case prior to argument on the suppression issues.

October 2013

 

Possession of Marijuana

Client was stopped for a broken headlight. The officer approached the vehicle and smelled marijuana. The Officer asked for consent to search the vehicle and discovered marijuana inside a backpack. Prior to trial the client retained Attorney Justin Shepherd. After speaking with the prosecutor, the State agreed to simply continue the matter in anticipation of dismissal upon completion of community service hours. This result saved the client from suffering a criminal conviction, possible loss of license and student financial aid. September 2013

 

CRIMINAL TRESPASS

Client was charged with Criminal Trespass. She allegedly went to boyfriend's apartment to discuss relationship difficulties. The conversation went south. Boyfriend claims to have ordered her to leave. Client apparently did not leave soon enough for boyfriend. Boyfriend punches client and drags the client out of the apartment. The client gets arrested for Criminal Trespass (welcome to New Hampshire)

Attorney Osborne took the client's case and raised obvious concerns. The State agreed to drop the case provided the client meet certain conditions. September 19, 2013

 

Transportation of Marijuana

Client was pulled over for speeding. Upon approaching the client's vehicle, the officer smelled marijuana. The client consented to a search of his vehicle and a quantity of marijuana discovered. Prior to trial Attorney Shepherd was able to successfully negotiate a result with the prosecutor whereby the case was DISMISSED upon completion of community service. September 17, 2013

 

DWI

Client was pulled over for crossing the fog line on two occasions. The officer approached the client and asked for the client's license and registration. The client was able to provide both documents with no difficulty. While speaking with the client the officer smelled alcohol and asked the client to exit the car so he could investigate further. After administering the Field Sobriety Tests the client was subsequently arrested for DWI.

 

Sale of a Controlled Drug

The client retained Attorney Mark Osborne. Attorney Osborne argued that, following the motor vehicle stop, the officer had no basis whatsoever to ask the client to exit the car. While the client admitted to consuming one drink this admission did not warrant the request to perform field sobriety tests as it is certainly not illegal to have a drink and drive. Attorney Osborne further illustrated that the client had no dexterity problems, did not have "glassy/bloodshot eyes" and didn't make any admissions to coming from a bar. After hearing arguments on the issue the court GRANTED the Motion to Suppress. The case was DISMISSED. August 13, 2013

 

Sale of a Controlled Drug

THEFT

Client was charged with Theft for misappropriating money from his employer. Attorney Shepherd reviewed the case and requested a trial. The State then dropped the charge. August 9, 2013

 

Sale of a Controlled Drug

Client was charged with selling a controlled drug to a confidential informant, a felony level offense. Attorney Shepherd was able to successfully resolve the case at the District Court level with a plea deal that involved no jail time and no probation. August 6, 2013

 

POSSESSION OF A CONTROLLED DRUG

Client was charged with Possession of Clonazepam. Attorney Shepherd was able to successfully get the case dismissed. July 30, 2013

 

Prostitution

Members of the police department received a call regarding the sound of gunshots coming from the woods. Police investigated and quickly determined that the call was unfounded. While driving out of the area, the police noticed Mr. Client seated in his car minding his own business. Curious, Officers walked up to Mr. Client and asked what he was doing and, not satisfied with the answer, proceeded to have Mr. Client exit his car. Mr. Client said that he had dropped off a friend at a nearby house and was waiting for the friend to return. Officers then began to search the neighborhood, house to house, looking for the friend. Finally, the friend was located and charged with prostitution. Mr. Client was arrested for transporting a person for the purpose of having them solicit money in return for sex. Prior to trial Attorney Shepherd filed a motion to suppress all the evidence as the police had no basis to conduct a motor vehicle stop and no basis to keep Mr. Client detained while they conducted a full blown investigation. Additionally, Attorney Shepherd explained to the State that it would be very difficult to establish that Mr. Client's sole purpose was to have the friend solicit money in return for sex. Just before the start of the trial the state dropped the charge. July 2013

 

DWI

Client charged with DWI. After exhaustive investigation Attorney Osborne pointed out several weaknesses in the State"s case to the prosecutor. The State Reduced the DWI to a Reckless Driving thus saving the client from enduring months without a license and attending costly alcohol programs. June 2013

 

Simple Assault and Resisting Arrest

Police went to an apartment building to investigate a noise complaint. When they arrived they encountered client and his girlfriend in the apartment. The girlfriend was nude and being loud. The police told her to quiet down and, if they had to return, they would arrest her for Disorderly Conduct. As the police left the building, they soon received another noise complaint regarding the apartment to which they had just left. Police returned to the apartment. They entered the apartment, presumably with the client's permission. The police handcuffed the loud girlfriend. She was still not wearing any cloths. Neighbors were standing in the hallway, hoping to get a glimpse of what was going on. As the girlfriend was led from the apartment, Clients wanted to cover up his girlfriend. Some officers testified that she had no cloths on, others testified that she had a sweatshirt on over her top. All witnesses agreed that she had no pants on and her legs bare.

Client charged through 4-5 officers, reportedly knocking them down, so as to get to his girlfriend, who was still shouting and being loud. The police arrested client and charged him with Assault on a Police Officer (x5 counts) and Resisting Arrest (x2 counts) and Hindering Apprehension. The case went to trial. Attorney Osborne argued that the Client did not deliberately touch the officers, rather he was just trying to get his nude girlfriend amongst the commotion. Client was found NOT GUILTY on all the Assault Charges. The client was convicted on the Resisting Arrest charge. The client received a suspended sentence. The trial was relatively strait forward and calm. All parties left the courtroom with cloths on and handcuffs off. June 2013

 

Escape

Client charged with Felony Escape for failing to return home on a timely basis while on administrative release. After speaking with the prosecutor the State completely dropped the case. June 2013

 

DWI

The client was arrested for Conduct After an Accident and DWI. The client performed field sobriety tests. The client then submitted to a breath test and blew well over the legal limit. The arresting officer mishandled the breath tubes, hence the breath test was likely to be suppressed. The timing of the field sobriety tests appeared to have been done improperly in order of sequence and timing of the stop. Attorney Osborne negotiated with the State. The DWI and Conduct After were both dropped. Client plead to a Reckless Operation. Client avoided all misdemeanor convictions. June 2013

 

SPEED – DROPPED

Client cited for traveling 60MPH in a 30 MPH zone. After negotiations with the prosecutor the case was dropped. May 24, 2013

 

DWI

One night, a local officer decided to follow Mr. Client after observing the client's car stop in the middle of the roadway for approximately 10 seconds. While following the client, the officer observed Mr. Client's vehicle drift within its own lane of travel. Based on these observations the officer decided to stop the client. Upon speaking with the client the officer detected an odor of an alcoholic beverage. The Officer administered a series of standardized field sobriety tests and, in the officer's opinion, the client failed the tests. Back at the station the client took a breath test with a reading over the legal limit of .08. The client hired Attorney Shepherd. Prior to Trial Attorney Shepherd sent the second breath sample to a laboratory for an independent analysis. The laboratory was unable to conduct an independent analysis as the officer who administered the breath test failed to properly label the second sample with the client's name, date of birth and date that the sample was collected. Attorney Shepherd brought this information to the State's attention. The State agreed to reduce the DWI to a Negligent Driving and further agreed not to pursue any license loss with the Department of Motor Vehicles. Needless to say, the client was extremely happy with the result. May 20, 2013

 

POSSESSION OF A NARCOTIC DRUG

The Client was stopped for no basis and ordered to exit her car. Once outside her car the officer decided to conduct a "pat-frisk" despite having any reason to believe that the client was armed and/or dangerous. During the pat-frisk the officer located a small object and removed the object from the client's pocket without a warrant. Attorney Shepherd filed a Motion to Suppress all the evidence obtained as the seizure violated the client's constitutional rights to be free from such conduct. The prosecutor looked at the motion, grabbed the court's file and dismissed the case without the necessity of a hearing. May 8st, 2013

 

Possession of Cocaine

The client was pulled over for a motor vehicle infraction and subsequently charged with possessing cocaine. Attorney Shepherd was able to reach a negotiated result whereby the Felony complaint was dropped and a misdemeanor complaint filed in its place. Though the client ultimately plead guilty to a reduced complaint alleging a misdemeanor, the client was very happy to avoid a felony conviction and its associated consequences. May 1st, 2013

 

Robbery

Client was charged with Robbery for taking a person's wallet during a struggle. Attorney Shepherd was able to illustrate many redeeming qualities about the client, such as the client's honorable military service and an otherwise spotless criminal history. After months of negotiations, the State dropped the felony Robbery to a misdemeanor. The client received a sentence that did not include jail or probation. Needless to say, the client was very happy with the result. April 24, 2013

 

DWI – NOT GUILTY

The client was arrested and charged with DWI. An experienced patrol officer witnessed the client parked alongside the road and engaged in a heated argument with a passenger. The officer believed the client was impaired.

 

Attorney Mark Osborne took the case to trial. Attorney Osborne showed the Judge that the Client performed will on the field sobriety tests. The Judge found the client NOT GUILTY. April 2013

 

Possession of Marijuana

Client was pulled over for speeding. Upon approaching the client's car the officer could smell marijuana smoke. The client consented to a search of the car whereupon the Officer located a quantity of Marijuana. The client was charged with two class A misdemeanors, Possession of Marijuana and Transportation of Marijuana. Attorney Justin Shepherd successfully convinced the prosecutor to continue both cases for a period of time to be dismissed. The client was extraordinarily happy; the client did not suffer a criminal conviction, did not suffer a license loss and did not pay costly fines. March 2013

 

THEFT

Client was charged with Theft for removing merchandize from a clothing store. The matter was charged as a Class A misdemeanor, meaning that the client faced the risk of jail and a criminal conviction. The client hired Attorney Justin Shepherd. Attorney Shepherd was able to reach a deal with the State whereby the matter was continued for a period of time to be dismissed provided the client complete community service and remain away from the store. Needless to say, the client was very happy to avoid a criminal conviction. March 13, 2013

 

Aggravated DWI

Client was charged with Aggravated DWI. Prior to trial Attorney Shepherd pointed out several legal issues to the State regarding the admissibility of the field sobriety testing. As a result, the matter was reduced to a Reckless Operation violation thus saving the client months of license loss and costly fees. February 27, 2013

 

HABITUAL OFFENDER

The client was charged with Operating a Motor Vehicle after being certified as a Habitual Offender. The police received information from an anonymous tipster that the defendant and his wife were driving a motorcycle. In response to the tip, the police witnessed a motorcycle pull into a driveway and subsequently arrested the client. The client hired Attorney Shepherd. Attorney Shepherd filed a Motion to Suppress the evidence arguing to the court that the anonymous tip was not sufficiently reliable to warrant police intrusion. Specifically, the tipster did not provide sufficient information to the police justifying the stop. The tipster did not provide the vehicles make, model number, license plate number, location and bearing and similar details so that the police could be certain that the vehicle stopped is the one the tipster identified. After the hearing the court granted Attorney Shepherd's motion – all evidence resulting from the illegal motor vehicle stop was thrown out. February 15, 2013

 

State v. Client

Client was accused of having marijuana in his car by a State Trooper. Client hired Lawyer A to represent him. Lawyer B told him to go ahead and plea to the charge. Client then hired Attorney Osborne. Attorney Osborne took the case to trial. During the trial Attorney Osborne proved that someone else had been in the car and that the State could not prove that the marijuana belonged to Client. Client was found NOT GUILTY. February 2013

 

State v. Client

Client was stopped and arrested for DWI. Client hired Attorney Osborne. Attorney Osborne pointed out to the prosecutor that Client performed exceptionally well on the sobriety tests and that the officer may not have had reason to get Client out of the car in the first place. The prosecutor kindly considered these points. DWI was dropped and client pled to a violation offense for Reckless Driving. February 2013

 

Robbery

Client was charged with Robbery for allegedly entering an apartment with several friends, committing an assault and stealing money in the process. After carefully reviewing the police reports, Attorney Shepherd brought it to the court's attention that the alleged victim gave several inconsistent statements to police, essentially amounting to a False Report to Law Enforcement. Further, the alleged victim could not identify Mr. Client in a photo line-up and had trouble recalling the events surrounding the purported Robbery. The state DROPPED the case completely. February 5, 2013

 

State v. Client

Client was arrested and charged with a DWI. A plea deal could not be reached with the State. Went to trial. DWI charge dismissed after five minutes into the trial. Attorney Osborne pointed out to the Court that the complaints were improperly written and thus violated his client's right to due process. Court agreed. February 2013

 

DWI

The client was charged with DWI and Operating to Endanger in Massachusetts. Attorney Shepherd carefully reviewed the evidence and was able to get the case continued without a finding thus avoiding a DWI conviction. January 2013

 

POSSESION OF MARIJUANA

The local police department received a report of a ground of young people being rowdy in the parking lot of a local business. The police responded and made contact with the group who were entering a motor vehicle. The police made contact with the driver and located a baggie of marijuana on the ground outside the vehicle. The driver was arrested. Based on this discovery, the police sought and obtained consent to search the vehicle from the driver. During the course of the search police located additional marijuana in the vehicle's console and in relatively close proximity to where Ms. Client was sitting. The client was arrested for Possession of Marijuana. Prior to trial the state agreed to drop the charge, acknowledging that there was a lack of evidence tying the marijuana found inside the car to the client. January 24, 2013

 

Possession of a Controlled Drug

Mr. Client was traveling down a road when he was pulled over for speeding. Upon asking for license and registration the officer thought that the clients eyes appeared dilated and asked the client to step from his car. The officer performed a HGN test which the client passed. However, rather than let the client be on his way, the officer then began to interrogate the client as to the location of his drugs. After haranguing the client for some time the officer purportedly obtained consent to search the car and located marijuana. The client was charged with Transportation of a Controlled Drug and Possession of a Controlled Drug. The client hired Attorney Shepherd. Attorney Shepherd reviewed the police reports and kindly pointed out to the prosecutor that the officer exceeded the scope of the motor vehicle stop by his constant questioning of the client regarding drugs. The Transportation of a Controlled Drug was dropped entirely. The Possession of a Controlled Drug charge was continued for a period of time to be dismissed in the future upon good behavior. Everyone was happy as the client completely avoided a criminal conviction and avoided any loss of license. January 2013

 

 

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