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Case Results 2015
Client was charged with Domestic Violence related Simple Assault. Prior to trial Attorney Justin Shepherd spoke with the prosecutor and was able to achieve a result whereby the case was continued for a period of time to be dismissed. The client was very happy to avoid jail, probation, fines and expensive counseling. December 10, 2015
1st Degree Assault with a Knife
Client was attack by a jealous and angry boyfriend. A scuffle ensued. After the scuffle ended the jealous and angry boyfriend had some scratches to his face. He claimed Client slashed him with a knife.
Client was arrested and charged with felony 1st Degree Assault with a Knife. Client was held on a high cash bail.
Attorney Osborne accepted this case. A probable cause hearing was held so as to determine the fate of this case.
During the probable cause hearing, Attorney Osborne criss-examined the State's lead investigator. During the hearing Attorney Osborne elicited testimony that the alleged victim had a felony conviction for homicide, and was presently charged with falsifying evidence. Attorney Osborne also established that the alleged victim was seen passing a knife off to an unidentified witness during his scuffle with Client.
Case was dismissed against Client. Client was released from jail immediately.
Members of the local police department responded to a report of a vehicle that had skidded off the roadway and came to a rest in the woods. The first officer to arrive noticed the client sitting on the guardrail suffering a bloody nose. The officer subsequently walked down the embankment, approached the vehicle and noticed several hypodermic needles and a large ball of aluminum foil in the center console. The officer, believing that the client was under the influence of drugs, returned to the client and administered the Horizonal Gaze Nystagmus field sobriety test. The client (inevitably) failed the test. The client was transported to the local hospital followed by the police officer. At the hospital the officer requested that the client provide a blood sample. The blood sample revealed elevated levels of certain controlled drugs.
The client retained Attorney Justin Shepherd. Attorney Shepherd filed several motions challenging the seizure of the client, the seizure of the client’s blood, the admissibility of the client’s statements and challenged the manner in which the Horizonal Gaze Nytagmus test was administered. Attorney Shepherd demanded that the lab analyst be present at trial and testify as to the difference between therapeutic levels and non-therapeutic levels of the controlled drugs found in the client’s system. Ultimately Attorney Shepherd reached a result whereby the DWI case was DISMISSED. The client was extremely happy. December 3, 2015
Possession of Marijuana/Alcohol
A young college student was charged with Possession of Marijuana and Possession of Alcohol following a motor vehicle stop. The client was facing the possibility of a criminal conviction as well as a potential loss of student financial aid. The client hired Attorney Shepherd. Attorney Shepherd spoke with the prosecutor and quickly achieved a result wherein the matter was continued for a period of time to be dismissed upon completion of community service. The client was extraordinarily happy to avoid a criminal conviction. December 2, 2015
Client, a college student, was charged with Possession of a Controlled Drug following a motor vehicle stop. Attorney Shepherd fought the case urging the client to proceed to trial rather than plead guilty. The State DISMISSED the charge on the morning of trial as the State did not have the necessary witnesses present to prove its case. The client was extremely happy to avoid any type of drug conviction and potential risk to her student financial aid. October 20, 2015
The clients former “friend” sought a restraining order arguing that the client had stolen money from her on a past occasion and called her bad names. The client retained Attorney Justin Shepherd. Attorney Shepherd aggressively cross-examined the petitioner and pointed out to the Judge that the petitioner failed to allege how much money was stolen, where the money was stolen from and when the money was taken. Attorney Shepherd argued to the court that the evidence and testimony presented failed to establish that his client presented any type of threat to the petitioner or her safety. The court agreed; and DISMISSED the restraining order matter. October 1, 2015
Transportation of a Controlled Drug
The client was charged with Possession of Marijuana – 2nd Offense and Transportation of Marijuana. Nashua Officers observed a vehicle make a quick and abrupt maneuver towards the right side of a road without using a turn signal. Officers, sitting in an unmarked police car, observed a male subject walking up to the passenger side of the car. The male noticed the officers and began to walk away.
Officers approached the client’s car and immediately smelled marijuana. The client stated that he would not consent to the police searching his vehicle . The police then began to ask the client why he made such an abrupt maneuver towards the side of the road without using his turn signal. The client stated that he was meeting a friend to play basketball. The police asked the client to step from the vehicle and again asked for consent to search. The client again denied the officer’s request. Rather than let the client leave, the police spoke with the client’s friend who initially approached the car and proceeded to have a discussion with the witness. The client was detained roadside for the entire time.
Attorney Shepherd filed a Motion to Suppress the evidence arguing that the police exceeded the scope of the stop by continuing to retain the defendant roadside. Prior to trial the State agreed to reduce the matter from a misdemeanor to a non-criminal violation. The client was very happy to avoid any potential jail time and loss of license. October 1, 2015
Attorney Osborne was hired to represent a female client charged with felony Burglary. Client was incarcerated as she was unable to make bail. Attorney Osborne reviewed the arrest affidavit (i.e. a police report essentially explaining basis for client’s arrest). He noticed that there were some contradictory witness statements.
Attorney Osborne approached prosecutor and asked if Client’s bail could be reduced. Attorney Osborne offered to waive Client’s probable cause hearing in district court and to send it directly to superior court to be litigated in exchange for a lower bail. Prosecutor said no. Attorney Osborne asked if the felony Burglary could be reduced to a misdemeanor Criminal Trespass given that Client had already spent several days in jail. Prosecutor said no.
Attorney Osborne had the probable cause hearing in district court, cross-examined the investigating officer, and pointed out flaws in case to the presiding judge.
At the close of the hearing, the case was DISMISSED. This case is a good lesson in that sometimes when you can’t get a good deal and have nothing to lose, it is better to just have a hearing or go to trial. September 22, 2015
Possession of Heroin
The Client was charged with Possession of Heroin after members of the local police department found heroin and cocaine inside the client’s hotel room. Attorney Shepherd was able to secure a result whereby the felony drug charges were reduced to misdemeanors. Rather than face years in jail Attorney Shepherd successfully convinced the prosecutor to let his client participate in a substance abuse rehabilitation program. September 21, 2015
Possession of Heroin
The client was pulled over for a minor motor vehicle infraction. The officer through felt the client was acting fidgety and requested permission to search the car. The officer discovered heroin in the center console. The client retained Attorney Justin Shepherd. Attorney Shepherd was able to successfully convince the State to drop the felony indictment and substitute it with a misdemeanor complaint. The client received a sentence wherein he must obtain drug treatment as opposed to being a convicted felon and serving a period of incarceration. Needless to say the client was very happy not to have a felony conviction and a state prison sentence. August 27, 2015
The client was charged with three counts Domestic Violence Simple Assault for knowingly causing physical contact to the "victim" by striking her in the face with his hand and striking the "victim" causing a bruised and swollen eye.
The police responded to a local address where the "victim" reported that she and her boyfriend had gotten into a verbal argument. The "victim" initially claimed that the client punched her in the face and subsequently fled the scene. Police noted that the "victim" had swelling above her eye consistent with being punched. The defendant was arrested and charged with 3 domestic violence complaints.
Prior to trial the client retained Attorney Justin Shepherd. Attorney Shepherd immediately hired an investigator to dig deeper into the "victim's" story. The investigator re-interviewed the "victim". The "victim" explained to the investigator that she was aggravated with the client and initiated the physical confrontation with the client. The "victim" admitted that the injuries observed by the police were self-inflicted and not caused by Attorney Shepherd's client. The "victim" completely recanted her earlier version of events.
Attorney Shepherd brought the investigator's detailed report to the attention of the court and prosecutor. The prosecutor DROPPED the charge in advance of trial. Needless to say, the client was extremely relieved to see justice served.
August 12, 2015
The client was charged with the Class “A” misdemeanor offense of Criminal Threatening. The alleged “victim” told police that Mr. Client and another person chased him down the street with a metal pipe. The alleged “victim” told police that he took cover inside a barbershop. The client adamantly denied the charges and retained Attorney Shepherd. Attorney Shepherd brought the matter to trial. Prior to the commencement of trial the “victim” was nowhere to be found. The State DROPPED the charge. August 6, 2015
Domestic Violence Simple Assault
The Client was charged with two counts Domestic Violence related Simple Assault. The client retained Attorney Justin Shepherd. Attorney Shepherd urged the client to fight the case and take the matter to trial. The State ultimately DISMISSED the case on the eve of trial when a key witness failed to appear for court. The client was very happy that he stuck to his guns and pushed the matter to trial. July 22, 2015
A young client was pulled over for speeding. The Officer approached the car and immediately smelled marijuana. The client consented to a search of the car whereupon a quantity of marijuana was discovered. The client was charged with both possession and transportation of marijuana. Attorney Shepherd reached a result with the prosecutor whereby the charges were dismissed upon completion of community service. The client was extremely happy to avoid any type of criminal conviction, probation and/or paying a high fine. July 14, 2015
The Client was charged with Simple Assault for his alleged participation in a bar fight. The Manchester Police were called and observed a large scuffle to include the throwing of punches. Attorney Shepherd received the police reports and immediately determined that his client acted in self-defense. Attorney Shepherd and his client showed up ready for trial, only to be told by the prosecutor the charge was being dropped. July 8, 2015
The client was charged with Possession of Heroin and Transporting a Controlled Drug following a motor vehicle stop. Attorney Shepherd was able to successfully resolve this case as a misdemeanor in the District Court after pointing out several legal issues to the prosecutor. The client was extremely happy to avoid a felony conviction, jail and probation. July 1, 2015
Client was taking summer classes at a local high school. Over the lunch break a number of students walked to a field and purportedly smoked marijuana. Upon his return to the classroom the client was removed and brought to the office where he was interrogated by school staff. The assistant principal grabbed the client’s jacked and rummaged through the pockets without a warrant. A quantity of marijuana was discovered. The local police were called and the client arrested.
Attorney Shepherd filed a motion seeking to suppress, or kick out, the evidence on the basis that the search violated his client’s constitutional right to be free from unreasonable searches and seizures. The case was DISMISSED just prior to the Judge hearing Attorney Shepherd’s motion. Needless to say, the client was very happy to have the matter dropped. June 23, 2015
Client was charged with Reckless Operation after she fell asleep at the wheel and struck another vehicle. Attorney Shepherd successfully convinced the State to DROP the charge arguing that the evidence did not support the Reckless Operation charge. The client was very happy to avoid a license suspension. June 4, 2015
DWI: Case of the two reports
Client was arrested for DWI. Attorney Osborne requested the police reports. The first police report Attorney Osborne received did not cite sufficient grounds to have stopped Client. Attorney Osborne filed a request with the Court to throw out the case (also known as a motion to suppress). After Attorney Osborne filed the request with the court, he received a second police report. The report was for the same case for the same client for the from the same officer for the same case. Only the second police report contained several “facts” to justify stopping client that had not been in the first police report.
Attorney Osborne went to trial for Client. During trial, Attorney Osborne pointed out how well client drove down a narrow and curvy road. Attorney Osborne also asked the arresting officer (responsible for both reports) how it was that the first report had no justification to stop Client, but the second report contained many extra details that may have justified stopping the Client. Wouldn’t the first report always be most accurate? Officer testified that changes to the report were suggested by his supervisor after the supervisor read the first report. Client was found NOT GUILTY. June, 2015
Client was indicted by a Grand Jury for the felony offense of Second Degree Assault after punching another person in the face causing serious bodily injury. Attorney Shepherd argued to the jury that his client acted in self-defense when the punch was thrown. Attorney Shepherd’s client explained that he threw one punch to avoid being struck by a beer bottle. The client was ecstatic when the jury returned a NOT GUILTY verdict. May 9, 2015
Client was charged with Theft, Stalking, Breach of Bail and Criminal Mischief. Attorney Shepherd urged the client to proceed to trial. Attorney’s Shepherd’s Motion to Dismiss the Charges were granted where the State couldn’t produce the proper witnesses on the day of trial. May 1, 2015
Snow Stormed Client
Client was arrested for DWI. Officer thought Client was driving poorly. Client was most likely driving in an unfortunate manner given that a snow storm was occurring.
Officer admitted under Attorney Osborne's cross examination that the snow in the road was so thick that the lines and road markings were not visible.
Officer also admitted that in order for Client to perform sobriety testing (author's note - please don't ever do these) he had to clear the snow away in order to make the pavement visible.
Attorney Osborne pointed out to judge during trial that Client did well on the sobriety testing - despite the whether conditions.
Client found not guilty of DWI. . April, 2015
The client was charged with Simple Assault and Criminal Threatening following an altercation with his former girlfriend. On cross-examination the arresting officer admitted that he took photographs at the crime scene but failed to turn them over to the prosecutor. Attorney Shepherd made a motion to dismiss at the end of the State’s case arguing that the State’s failure to turn over the exculpatory evidence violated his client’s constitutional rights. CASE DISMISSED. April 23, 2015
Receiving Stolen Property
The client was accused of stealing a saw. The witnesses statements were inconsistent – one witness told police that she gave the saw to the client. Another witness said the saw was stolen. Attorney Osborne pushed the matter to trial. No witnesses showed up for court. CASE DISMISSED. April 16, 2015
Client was charged with Indecent Exposure for allegedly exposing himself to a group of children. Attorney Shepherd spoke with the witnesses and learned that the area kids and parents were harassing the client and that the incident simply didn’t occur as alleged by the State. Attorney Shepherd pushed the matter to trial. The State dismissed the case prior to the start of trial. April 7, 2015
Transporting Alcohol by a Minor
19 year-old client was pulled over for speeding. During the course of the stop the Trooper believed he smelled marijuana and requested that the client step from the vehicle. The Trooper then asked for, and received, consent to search the client’s motor vehicle. The Trooper found beer in the trunk.
The client retained Attorney Justin Shepherd. Attorney Shepherd successfully resolved the case whereby it was dismissed upon completion of community service. The client was extremely happy to avoid losing her license. March 19, 2015
4 snowboarders were charged with Criminal Trespass after climbing onto the roof of a local chain store during a blizzard and snowboarding off said roof. While Attorneys Shepherd and Osborne found the case hysterical, the local police department frowned upon such conduct. Attorney Justin Shepherd was able to convince the State to see the humor in the situation; the prosecutor DROPPED all charges against the snowboarders. March 17, 2015
SALE OF A CONTROLLED DRUG
A confidential informant explained to the police that he knew a person selling cocaine from his home. On two separate occasions the informant was sent into the client’s home and purportedly purchased cocaine directly from the client. The client was subsequently indicted for two counts Sale of a Narcotic Drug.
Prior to trial Attorney Shepherd aggressively challenged the credibility and reliability of the confidential informant. As a result the State agreed to drop the felony indictments to misdemeanors. The client was extremely happy to avoid a felony conviction and likely jail sentence. March 6, 2015
TRANSPORTATION OF A CONTROLLED DRUG
Client was pulled over for speeding. During the course of the stop the officer smelled marijuana. The client admitted to having marijuana in the car and handed it to the officer. The client retained Attorney Shepherd. Attorney Shepherd reached an agreement with the prosecutor whereby the case was continued for a period of time to be dismissed. The client was very happy to avoid any jail time, fines and loss of license. February 19, 2015
SECOND DEGREE ASSAULT
A young Client was charged with the felony offense of Second Degree Assault for causing a serious injury to a family member. Attorney Shepherd was able to successfully resolve the case early on, convincing the State to reduce the charge to a misdemeanor with no jail time. The client was very happy to avoid a potential felony conviction. February 19, 2015
Client was parked in a public parking lot early in the evening. He was reclined in the driver seat. One police cruiser drove up to the client’s car and shined a bright spotlight into the car. The client sat up. The police officer walked up to the client and asked what he was doing. The client said he was resting. Officer #1 was soon accompanied by officers #2 and #3, both of whom arrived in their own separate police cruisers. The client was asked to do field sobriety tests and to submit to a blood test. The client’s blood alcohol content was above the legal limit.
At trial Attorney Osborne challenged the seizure of Mr. Client; argued the legality of the blood results and argued that the car was never said or seen to be running. The client was found NOT GUILTY. – February 11, 2015
Police responded to a domestic disturbance. Police entered the residence and observed that a large mirror had been smashed and a bag of rice scattered across the living room floor. The victim stated that the defendant had thrown the bag of rice and broke the mirror. The client admitted to throwing the bag of rice and breaking the mirror but claimed it was an accident. The client was placed under arrest for Criminal Mischief.
Attorney Shepherd took the matter to trial arguing that the evidence was insufficient to prove that the client purposely broke the mirror. The court issued a NOT GUILTY verdict following a bench trial. February 6, 2015
POSSESSION OF A CONTROLLED DRUG/CONDUCT AFTER ACCIDENT
The client was driving down the street when his vehicle slid on a patch of ice and crashed into a telephone pole. The client, a newly licensed driver, panicked and drove away. A neighbor witnessed the crash and called police. The police quickly caught up with the client and arrested the client for Conduct After an Accident. Marijuana was also located in the client’s backpack.
Attorney Shepherd negotiated a result whereby both charges were simply continued for a period of time to be dismissed. The client was very happy to avoid a criminal conviction, fines and a possible jail sentence. February 5, 2015
Client was charged with Harassment for a series of calls placed to her neighbor. The State sought to continue the case on the morning of trial. Attorney Shepherd scanned the courtroom but didn’t see the “alleged” victim in attendance. Attorney Shepherd promptly made the prosecutor aware of this issue. The prosecutor DROPPED the charge. February 3, 2015
ENDANGERING A CHILD
The client was residing with a heroin user. Client had two small children. The police conducted a raid on the client’s home and found heroin inside a safe. There was no evidence to indicate that the children knew the heroin was in the home or had ever been exposed to it. Attorney Osborne took the case to trial and argued that there was not sufficient evidence to prove child endangerment simply because children were in the home where harmful items were stored (in a safe no less!) Attorney Osborne also suggested that under the broad theory of the prosecution’s case – anyone with guns in a safe, knives in a kitchen drawer, or household cleaners under a sink is a criminal the instant a child walks into the home. CASE WAS DISMISSED. January 21, 2015
Client was charged with Criminal Trespass. The client was a passenger in a vehicle that broke down on Government property. The client was asked to leave the property and didn't do so quickly enough to satisfy the demands of the local police department. The client was arrested. Attorney Shepherd reached a result whereby the case was continued for a period of time to be dismissed. The client was very happy to avoid any criminal conviction, jail time, probation and/or fines. January, 2015
CONDUCT AFTER AN ACCIDENT
The client was charged with Conduct After an Accident for driving a vehicle into a gas pump and failing to immediately stop the vehicle and report the accident to the police. Conduct After an Accident is a Class “A” misdemeanor punishable by up to 1 year in jail and a $2,000 fine. Attorney Shepherd was able to reach a result with the State whereby the charge was simply continued for a period of 12 months to be dismissed. The client was extremely happy to avoid a criminal conviction and maintain a clean driving record. January 7, 2015
POSSESSION OF CONTROLLED DRUG
The local police responded to a parking lot for a reported robbery. Believing that the client participated in the robber the police apprehended the client and requested that she empty her pockets. The police quickly discovered that the client had a quantity of pills in her possession. The client was charged with several felony level offenses based on the possession of these different pills. Attorney Shepherd challenged the search of his clients pocket and the discovery of the pills. The State agreed to drop the multiple felony charges and replaced them with one single misdemeanor. The client was very happy that the felony complaints were dropped and that she avoided a potential jail sentence and high fines. January 2, 2015
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