Case Results 2014

Reckless Operation

Client was charged with Reckless Operation of a Motor Vehicle.  The client was facing the prospect of high fines and a license loss.  The client retained Attorney Justin Shepherd prior to trial.  Attorney Shepherd spoke with the prosecutor and was able to convince the State to completely drop the charge.  December 19, 2014

 

POSSESSION OF A CONTROLLED DRUG

Client was stopped for a yellow line violation.  The officer approached the client’s window and immediately smelled marijuana.  The client then handed the officer a bag of marijuana.  The client was arrested.  During an inventory search of the client’s vehicle police discovered additional baggies of marijuana and narcotic pills.  The client retained Attorney Shepherd.

 

Attorney Shepherd negotiated a result with the prosecutor  wherein the Felony Possession of Controlled Drug Charges were dropped.  The Transportation of a Controlled Drug charge was also dropped.  The client entered a plea of guilty to one Possession of Marijuana charge and received a short fully suspended sentence.  The client was very happy to completely avoid felony charges and the possibility of prison, jail, probation and/or high fines.   December 10, 2014

 

DISOBEYING A POLICE OFFICER

Client was charged with Disobeying a Police Officer for failing to immediately stop her vehicle for a police officer.  The client retained Attorney Shepherd prior to trial.  Attorney Shepherd was able to successfully convince the prosecutor to simply continue the case for a period of time in contemplation of dismissal.  The client was very happy to avoid a criminal conviction.  December 4, 2014

 

Transportation of Marijuana

Mr. Client was driving a little too fast and was pulled over as a result.  The Trooper approached the vehicle and immediately smelled marijuana.  The Client then provided the trooper with a baggie of marijuana.  The client was arrested for Transportation of a Controlled Drug, Possession of a Controlled Drug and cited for Speeding.

 

Prior to Trial the client retained Attorney Justin Shepherd. Attorney Shepherd reached a result whereby the Transportation of Marijuana and Speeding charges were completely dropped.  The misdemeanor marijuana charge was reduced to a non-criminal violation level offense. The client was  extremely happy to avoid any jail, probation, loss of license and a criminal conviction. December 3, 2014

 

SIMPLE ASSAULT

Client was charged with Simple Assault.  Prior to trial the client retained Attorney Shepherd.  The State dropped the charge on the morning of trial.  December 3, 2014

 

POSSESSION OF HEROIN

Client was stopped for a minor vehicle infraction.  The officer discovered that the client’s license and registration were suspended and arrested the client.  During a search incident to the arrest the officer located a quantity of heroin.  The client was charged with Transportation of Drugs, Felony Possession of Heroin, Driving After Suspension, Driving with a Suspended Registration, and Drivers License Prohibitions for displaying a suspended license. 

 

Attorney Shepherd was able to convince the State to drop all the misdemeanor driving charges thus saving the client’s license.  The felony charge was reduced to a misdemeanor.  The client received a short suspended sentence and agreed to continue with drug counseling.  The client was very happy to avoid a possible felony conviction, jail time, high fines and probation.  December 1, 2014

 

THEFT

Client was charged with Felony theft based on a complaint alleging  two prior misdemeanor convictions.  The client retained Attorney Justin Shepherd.  Attorney Shepherd successfully obtained a result whereby the matter was continued for a period of time to be dismissed upon good behavior and counseling.  The client was ecstatic to avoid a felony conviction and likely incarceration.  November 19, 2014

 

TRANSPORTATION OF A CONTROLLED DRUG

Client, a college student,  was pulled over for speeding.  During the course of the stop the officer  smelled the odor of marijuana.  The client proceeded to hand the officer a quantity of marijuana.  Prior to trial the client retained Attorney Shepherd.  Attorney Shepherd reached a result whereby the matter was continued for a period of time to be dismissed.  The client was extremely happy not to be convicted of a drug offense and not to lose his federal financial aid.  November 18, 2014

 

POSSESSION OF A CONTROLLED DRUG

The local police department was monitoring a gas station parking lot for illegal drug activity.  An undercover detective observed a car back into a parking space.  The detective noticed that none of the passengers exited.  After 5 minutes the suspect vehicle left the gas station parking space and pulled into another space nearby donut shop.  Police now observed a second car pull beside the first car.  The police then saw the client exit car #1, approach car #2 and converse with the operator of car #2. The client then returned to car #1.

 

Believing that a drug deal had taken place the police descended upon both cars like a pack of angry hornets leaving the nest. The police located a quantity of a controlled drug and a firearm inside car #1.  The defendant, sitting inside car #2 was immediately arrested and hauled off to the police station.

 

Attorney Shepherd filed a Motion to Suppress the evidence arguing that the police did not have a reasonable suspicion to believe that criminal activity was afoot.  The state DROPPED the felony drug charges prior to trial.  November 14, 2014

 

Sale of a Narcotic Drug

Client was arrested and indicted for selling a quantity of the controlled drug Oxycodone to an undercover detective.  Attorney Shepherd advocated relentlessly on the client’s behalf.  The State ultimately reduced the felony to a misdemeanor.  The client received a sentence wherein he did not serve any jail time.  Needless to say the client was very happy – September 23, 2014

 

Transportation of a Controlled Drug

Client was pulled over for speeding.  The officer detected a strong odor of marijuana coming from inside the car and requested that the driver step out.  The officer requested permission to search the car; the client declined.  The police then obtained a search warrant and located a small quantity of marijuana.

 

Attorney Shepherd negotiated a result whereby the Transportation of Marijuana charge was DROPPED.  This was a great result as Transportation of Marijuana is a criminal offense punishable by jail, fines and a loss of license.

 

INSURANCE FRAUD

The client was indicted for two counts of felony Insurance Fraud following a motor vehicle accident.  Prior to trial the client hired Attorney Shepherd.  Attorney Shepherd reached an agreement with the prosecutor wherein both charges were dismissed upon completion of community service.  September 11, 2014

 

unlawful search

Client was sitting in his car with some friends on a public road.  Nosey neighbors became alarmed that young people were sitting in a car.  Neighbors called the police to complain.  Police officers immediately went to the area where the “suspicious” car was parked.  Police did not see any evidence of a crime or drug use occurring.  Nonetheless, Officers seized the car’s occupants and pulled them out of the car.  Police interrogated the driver and passengers.  Police still saw no evidence of drug possession or impairment.  Officers then searched the car without a warrant.  Attorney Osborne filed two Motions to Suppress (throw out the evidence before trial) claiming that the search, the interrogation, and the seizure was improper.  Case was resolved without a criminal conviction.  August 26, 2014

 

Marijuana Possession

Client was charged with Possession and Transportation of a Controlled Drug Marijuana.  Facing a jail sentence and license loss the client retained Attorney Justin Shepherd.   Prior to trial Attorney Shepherd filed two Motions to Suppress or keep out the evidence based on the facts contained in the police reports.

 

The local police department received from an informant that the clients car was “all over the road” and smelled of “marijuana”.  Officer’s observed the client’s vehicle and pulled it over.  Officers approached the vehicle, did not note smelling anything, and told the driver to open the center console.  The officer discovered marijuana and arrested the client.

 

The Motions to Suppress challenged the legality of the motor vehicle stop and the subsequent scope of that stop.  The prosecutor agreed with Attorney Shepherd regarding the motions.  As such, the parties reached an agreement where the matter was simply continued for a period of time to be dismissed.  The client was extremely happy to avoid any jail, probation, fine or license loss.  August 20, 2014

 

DWI

The client was driving his motorcycle home when he failed to properly navigate a turn and crashed the bike.  An off duty police officer, on his way into work, stopped to help the client.  Shortly thereafter several offers were called to the scene.  The officers noted that the clients eyes were ‘red and glass’ and that his speech was slurred.  The client was transported to the hospital where a blood sample was obtained.  The blood sample revealed a blood alcohol concentration in excess of the legal limit.  The client was charged with DWI.

 

The client retained Attorney Shepherd.  Attorney Shepherd filed a motion to dismiss the case arguing that the arresting officer lacked probable cause to arrest the client.  Attorney Shepherd highlighted the fact to the prosecutor that no one observed any driving clues consistent with impairment, nor were field sobriety tests ever administered.  The State dropped the DWI charge; the matter was resolved with a lesser charge.  Needless to say, the client was happy to avoid a misdemeanor DWI conviction, costly insurance and mandatory attendance at DWI classes.  August 15, 2014

 

DWI 2ND OFFENSE

Client was charged with a DWI 2nd Offense.  The defendant left his apartment and headed out for some fast food.  The client was pulled over traveling 49 MPH in a 30 MPH zone.  The client properly pulled his car to the side of the road and spoke with the officer in a polite manner.  The client was asked to perform field sobriety tests and agreed.  While the client was performing the tests, a second officer arrived on scene and stood in the middle of the road directing traffic with a flashlight.   According to the officer administering the field sobriety tests the client failed each test.

 

The client retained Attorney Justin Shepherd.  Attorney Shepherd carefully reviewed the cruiser-camera video and dissected all of the client’s movements.  Attorney Shepherd urged the client to take the matter to a jury trial.   Attorney Shepherd pointed out everything the client did correctly to the jury, from pulling the car over to taking the correct number of steps on the Walk and Turn test.  The case was DISMISSED by the court before even reaching the Jury.  Needless to say, the client was ecstatic to avoid a 3 year license loss, a misdemeanor conviction, jail time and a costly rehabilitation program. 

July 21, 2014

 

BURGLARY

Client was charged with Burglary for entering a home and stealing property.  The client retained Attorney Justin Shepherd.  Attorney Shepherd investigated the facts and circumstances of the alleged Burglary and spoke with the prosecutor.  The case was quickly resolved as a misdemeanor with a suspended sentence.  The client was extremely happy to avoid a felony conviction, possible jail, probation and high fines. July 21, 2014

 

DWI

Client was charged with a DWI following a single vehicle crash. The client made admissions to consuming alcoholic beverages and failed the standard field sobriety tests. Attorney Osborne was able to achieve a result whereby the DWI was dropped. The client entered a plea to a lesser charge thus saving her from a prolonged license suspension, costly insurance and the necessity of attending a lengthy DWI education course. July 18, 2014

 

Transportation of Marijuana

Client was charged with Transportation of Marijuana.  Attorney Osborne successfully convinced the State to drop the matter to a non-criminal violation thereby saving the client’s driver’s license from a lengthy suspension and further preserving the client’s eligibility to receive student loans.  July 15, 2014

 

Possession of a Controlled Drug

The client was at a bar when he was observed by an undercover officer consuming a controlled drug.  To make matters worse, the client attempted to conceal the drug by throwing the contents into a trash barrel as the undercover officer approached to investigate. Ultimately the client was charged with Felony Possession of a Controlled Drug and Felony Falsifying Physical Evidence.

 

Prior to trial  Attorney Justin Shepherd was able to successfully convince the State to drop the felony level charges based on the client’s young age, lack of a record and participation in drug counseling.   The client plead guilty to a reduced misdemeanor charge and received a suspended sentence.  The client was very happy to avoid both felony conviction, jail time and probation.  June 18, 2014

 

INDECENT EXPOSURE

Client was facing charges of Indecent Exposure and Breach of Bail.  The client turned himself in to authorities after being on the run for many years.  After months of aggressive plea negotiations, Attorney Osborne reached a negotiated deal with the State whereby the client plead guilty to misdemeanor Disorderly Conduct and Contempt.  Attorney Osborne successfully prevented the client from being a convicted felon, going to prison and/or jail and being placed on the sex offender registry.  June 10, 2014

 

Theft

Client was arrested and charged with Theft for allegedly taking money from an acquaintance. The alleged victim and the client had polar opposite recollections of what transpired.   The client was adamant that she had done nothing wrong and the money was a loan.   Prior to trial Attorney Shepherd found several “holes” in the “victim’s” story and brought these credibility issues out to the prosecutor’s attention.  The prosecutor spoke with the alleged victim, walked into the court and proceeded to drop the charge.  Needless to say, the client was extremely happy and felt that justice was done. June 5, 2014

 

2nd DEGREE ASSAULT

The client and his neighbor got into an argument.  According to the neighbor, the client supposedly pistol whipped him.  It is interesting to note, however, that it was the client who first called the police.

 

What actually occurred on the day in question may never be known.  The neighbor had his story. The client had his own. The police arrived and declared the neighbor the victim and the client the villain.  Client was arrested and charged with a felony assault with a firearm.

 

A few days later a probable cause hearing was held in court.  Rather than simply waiving the hearing and hoping for mercy, Attorney Osborne dug deep.  He cross-examined the State’s witnesses on the credibility and flaws with the neighbor’s story.  After Attorney Osborne’s cross-examination was complete, the felony was DISMISSED.   May 28, 2014

 

Simple Assault

Client was charged with three counts simple assault, one count theft and one count obstructing the report of a crime.  All charges were dismissed prior to trial when the State could not locate the necessary witnesses to proceed to trial.  May 27, 2014

 

THEFT

Client was charged with Felony Theft for purportedly taking a computer during a Burglary.  Upon investigating the matter and speaking with key witnesses it was quickly determined that the client did not participate in the Burglary or Theft in any fashion.  The State DROPPED the charges shortly before trial.  Needless to say the client was extremely happy to avoid a Felony case.  May 23, 2014

 

POSSESSION OF A NARCOTIC DRUG

Client was arrested for shoplifting.  During an inventory search the local police department discovered several pills containing a narcotic drug.  The client hired Attorney Shepherd prior to trial.  Attorney Shepherd spoke with the prosecutor and negotiated a deal whereby the felony was reduced to a misdemeanor.  Rather than prison or probation the client received a sentence of suspended jail time and community service.  The client was very happy to avoid a felony conviction and a jail sentence.  May 9th, 2014

 

Simple Assault

The client was charged with two counts Simple Assault following a dispute with her significant other.  The client hired Attorney Justin Shepherd.  Prior to trial Attorney Shepherd challenged the State’s evidence and brought it to the court’s (and prosecutor’s)  attention that the so called “victim” was the initial aggressor.  The state DROPPED the charges prior to the start of trial.   April 30, 2014

 

SALE OF A CONTROLLED DRUG

The client stood accused of Sale of a Controlled Drug. Attorney Shepherd appeared on the client's behalf and demanded a probable cause hearing. The State dropped the complaint in response to Attorney Shepherd's request. Needless to say, the client was very happy. April 23, 2014

 

Accomplice to Burglary

Client was indicted by a Grand Jury for the felony offense of Accomplice to Burglary. The police were dispatched to a vacant residence after a neighbor reported seeing a suspicious vehicle travel down the driveway and not return. Police responded, drove down the driveway, and noticed an empty Jeep parked against the house with its rear hatch door open. As the officer examined the empty Jeep he heard a door slam and someone run into the woods behind the home. A K-9 was summonsed and the client was discovered hiding in the woods alongside a friend.

 

Police entered the home and discovered that copper pipe was missing from the basement. The client was subsequently arrested.

 

Attorney Shepherd attacked the State’s case, arguing that there was not one scintilla of evidence that the client actually entered the house as alleged. Attorney Shepherd highlighted the fact that no fingerprints nor DNA evidence was located inside the home, nor was there any evidence that the client did anything to further or assist with the Burglary. The client was found NOT GUILTY.  April 18, 2014

Possession of Heroin

Client was charged with felony Possession and Transportation of Heroin following a traffic stop.  Attorney Shepherd was able to convince the prosecutor to reduce the felony Possession of Heroin allegation to a misdemeanor.  Further, as part of the plea agreement, the State agreed to drop the Transportation of a Controlled Drug charge, thus saving the client’s driver’s license.  The client was not sentenced to jail, nor was the client placed on probation.  The client was extremely happy not to be facing a felony charge and the likelihood of a jail sentence.  April 9, 2014

Operating After Suspension

Client,  under the age of 21,  was charged with Operating a motor vehicle after his license was suspended by the New Hampshire Department of Motor Vehicles and for violating Youth Operators Restrictions.  Operating After Suspension is a “major” motor vehicle  for Habitual Offender purposes and carries demerit points that can lead to licenses suspension.  Further, because of the client’s age, he faced a possible license suspension with the DMV.  Loss of license would have been extremely detrimental to the client as he commutes to college.   

 

The client hired Attorney Shepherd.  Attorney Shepherd was able to secure a result whereby the motor vehicle charges were dropped.  The client plead guilty to a non-criminal violation offense and paid a small fine.  The client was extremely happy not to lose his license or accumulate convictions against his motor vehicle records. 

March 20, 2014

 

Receiving Stolen Property

Client was charged with Receiving Stolen Property for being in possession of clothing that didn’t belong to her. Attorney Shepherd pushed the matter to trial. The matter was then dismissed prior to trial as the State did not have the necessary witnesses available to prove its case. March 13, 2014

 

DWI

Client was charged with DWI. Officers responded to a fender-bender and made contact with the client. The Client admitted to having a drink and rear-ending the car in front of her. The client was asked to perform the standardized field sobriety tests and, according to the officer, failed the tests. The Client hired Attorney Justin Shepherd. Attorney Shepherd pointed out all the weaknesses in the State's case, to include that the client was shaken up from the accident and suffered from a lifelong history of back injuries thus compromising the field sobriety testing. The State dropped the DWI prior to trial. March 6, 2014

 

Possession of Marijuana

Officer on routine patrol observed a vehicle traveling down the street with what the officer deemed "young occupants." The Officer followed the vehicle for a distance and pulled in next to the vehicle at a convenience store. The officer approached the group of young people and asked for identification as the young people were not wearing seatbelts. While speaking with the group the officer detected an odor of marijuana and observed a jar of marijuana on the rear passenger seat.

 

The officer asked the client if the client had "anything illegal" in the vehicle. The client said "no" and asked that the officer hand over the client's backpack which was sitting on the rear seat. The officer requested consent to search the backpack prior to handing it back to the client. The client said "no". A second officer proceeded to rummage thru the client's backpack under the guise of conducting an "inventory search". The second officer discovered a quantity of marijuana.

 

Prior to trial the client hired Attorney Justin Shepherd. Attorney Shepherd filed a motion to suppress the illegally obtained evidence as the officer had no basis to rummage around the client's backpack without a warrant. The case was DROPPED on the morning of trial. February 26, 2014

 

Simple Assault

Client was charged with domestic violence related simple assault after getting into an physical altercation with client's significant other. Client hired Attorney Shepherd. Attorney Shepherd spoke with all parties involved and quickly learned that the victim spouse did not wish to proceed with the matter. The matter was resolved quickly and efficiently in court - all parties were happy to simply get on with their respective lives. February 21, 2014

 

Robbery

Client was indicted on two indictments alleging Robbery with a potential penalty of 3 ½ to 7 years at the State Prison for each offense. Prior to trial Attorney Shepherd was able to successfully point out all the weaknesses with the case to the prosecutor. The State agreed to reduce the felony level robbery to misdemeanor Simple Assault. A plea was reached whereby the client did not serve any jail time and, of equal importance, avoided the stigma of being labeled a felon. January, 2014

 

DWI (DRUGS)

Client was charged with DWI for allegedly operating while under the influence of drugs. While on routine patrol a State Trooper observed the client's vehicle swerve within her lane from the left to the right on several occasions while simultaneously tailgating the vehicle in front of her. The Trooper followed the client's vehicle for a good distance before stopping the vehicle, all the while observing numerous moving violations. Upon approaching the vehicle the client immediately told the Trooper that she had taken several prescription medications. The Trooper proceeded to administer the HGN test and the client failed. Due to the client's erratic behavior, the trooper placed the client under arrest without performing the remaining standardized field sobriety tests. Prior to trial the client hired Attorney Shepherd. Attorney Shepherd successfully convinced the prosecutor to drop the DWI charge and substitute the complaint with complaint alleging Reckless Operation. Needless to say, the client was happy not to be convicted of the DWI and all its attendant penalties. January 16, 2014

 

Sexual Assault

Client, a college student, was charged with sexual assault. The client was facing not only a potential misdemeanor conviction, but also a requirement that the client register as a sexual offender. Further, the college was seeking to discipline the client based on the frivolous allegation. After looking into the matter it was evident that the evidence completely failed to demonstrate that the encounter as anything but consensual. Attorney Shepherd was able to successfully get the State to completely drop the case prior to trial. January 11, 2014

 

 

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