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Case Results 2012
The client was indicted for Identity Fraud after posing as another to obtain money. After negotiating the matter with the State, Attorney Justin Shepherd convinced the prosecutor to reduce the matter to a misdemeanor level Theft, thus avoiding a felony conviction. December 17, 2012
The client was stopped for speeding. During the course of the stop the officer smelled alcohol coming from the interior of the clients vehicle. The Officer requested that the client perform a series of field sobriety tests. The client agreed to the testing and did quite well. In fact, the client did so well that half-way thru trial Attorney Mark Osborne made a Motion to Dismiss arguing that the officer did not have sufficient probable cause to arrest the client for DWI. The Judge agreed and the case was dismissed. December 17, 2012
FELONY DRUG POSSESSION
The client was arrested and charged with Felony Drug Possession. Attorney Osborne maintained that the manner by which the officer found the drugs was questionable. After talks with the prosecutor, the charge was reduced to a misdemeanor and the client avoided going to jail. December 17, 2012
SECOND DEGREE ASSAULT DROPPED
This case highlights the need for a good, thorough and diligent investigator. In a nutshell: Officers responded to a residence for a report of an assault. According to the "victim" he was sitting on his front step when he observed a male and female subject approach. After an exchange of unkind words, the "victim" claimed that he was attacked by both subjects who subsequently ran away. The local police arrived on scene and arrested Ms. Client charging her with Second Degree Assault. Attorney Shepherd immediately hired a private investigator to speak with a key witness whom the police failed to identify and/or locate. The investigator tracked down the key witness who explained in great detail to the investigator that she, and not the accused, committed the crime and fled prior to the arrival of the police. Attorney Shepherd had the investigator memorialize his findings and provided the exculpatory information to the State. After reviewing the information and learning that they had charged the wrong person with a serious crime the case was DROPPED. December 13, 2012
Mr. Client retained Attorney Osborne to represent him on a DWI. During the course of the trial Attorney Osborne made a Motion to Dismiss on the basis that the police had no probable cause to arrest the accused. The court agreed; the case was DISMISSED. November 28, 2012
Mr. client went to the local police department and filled out an application for a pistol permit. Mr. Client indicated on the application that he was a resident of the town. After reviewing the application, the police disagreed with Mr. Client's assertion, believing that Mr. Client was a resident of town " B" and not town "A". Accordingly, town "A" brought a criminal complaint against Mr. Client alleging unsworn falsification. Attorney Shepherd pointed out to the State the legal definition of "Residence" and that the client's parents lived in town "A" and that the client still had a bedroom at his parents' house thus indicating an intent to return to his parent's home. Further, the State was unable to produce any evidence tending to indicate that the client intended to make his residence in town "B" such as a signed lease agreement, library card or voter registration. Attorney Shepherd then provided the State legal documents proving that Mr. Client's address was Town "A". The State DROPPED the charge.
TRANSPORTATION OF A CONTROLLED DRUG
The client was pulled over for a motor vehicle infraction. Upon approaching the driver's side window the officer smelled the "distinct odor of marijuana." The client was cooperative and handed over the officer a baggie of marijuana. The client then called Attorney Justin Shepherd. Attorney Shepherd reached an agreement with the State whereby the Transportation of a Controlled Drug was continued for a period of time to be dismissed upon good behavior. This result saved the client from having a drug conviction, saved the client from losing his license and saved the clients student financial aid. October 31, 2012
The client was charged with Felony Burglary. After speaking with the prosecutor and pointing out several areas of weakness for the prosecution Attorney Shepherd was able to get the felony reduced to a misdemeanor criminal Trespassing. Needless to say, the client was happy to walk out of the front door of the court without a felony conviction or incarceration. October 31, 2012
Attorney Justin Shepherd was retained to represent a client before the New Hampshire Parole Board. The Parole Officer was seeking to lock the client up for a lengthy period of time due to a new criminal charge. Attorney Shepherd was able to point out all the positive things the client had done with his life and convince the parole board why a lengthy sentence was completely unwarranted. Following the hearing the parole board gave the client a minimal setback. October 19, 2012
A young client was charged with Felony Forgery for allegedly passing a stolen check. Prior to trial Attorney Shepherd was able to negotiate with the prosecutor and reach a result where the Felony was reduced to a misdemeanor Theft. The reduced charged obviously prevented the client from becoming a felon and suffering the consequences of a felony conviction. October 19, 2012
The client was charged with Simple Assault for allegedly punching her roommate several times. Prior to trial Attorney Shepherd brought it to the State's attention that the "victim" was actually the initial aggressor who had a history of assaultive behavior. Attorney Shepherd filed a notice of self-defense and interviewed numerous witnesses to the purported assault. The State DROPPED the case prior to trial. October 16, 2012
DRIVING WHILE INTOXICATED
The client was charged with DWI. Attorney Osborne cross-examined the arresting officer at a DMV hearing after which the case was dropped to Negligent Driving a few months later. October 3, 2012
Client was charged with Simple Assault for allegedly grabbing his wife's throat. Prior to trial Attorney Shepherd spoke with the "victim" who informed Attorney Shepherd that several areas and accusations in the police report were inaccurate. Attorney Shepherd kindly requested that the prosecutor speak with the "victim". Shortly thereafter the prosecutor informed Attorney Shepherd that the matter would be DROPPED. September 26, 2012
DRUG CASE DROPPED
MG was indicted for illegally possessing a quantity of Narcotic Drugs. The police were looking for a suspect who had an outstanding arrest warrant. The police saw an unknown person enter the passenger side of a car and, shortly thereafter, decided to pull the car over to see if one of the occupants was indeed the wanted person. However, the police did nothing to corroborate whether the individual in the car matched the description of the wanted subject. Attorney Justin Shepherd filed a Motion to Suppress all evidence resulting from the illegal seizure (stop) of the vehicle. The State dropped the charge. September 20, 2012
Client was arrested at a local department store for shoplifting. The client has a professional license in the health care field and any conviction would ruin the client's career. The client retained Attorney Justin Shepherd. Attorney Shepherd reached a result whereby the charge will be DISMISSED upon completion of community service, thus saving the clients professional license and future.
The client was charged with breaking into a truck and stealing $2,000. The State initially charged the Theft as a class A felony punishable by up to 7 ½ to 15 years in prison. After 6 months of negotiating with the State Attorney Osborne was able to secure a no jail misdemeanor resolution on the condition that restitution was paid.
The client was charged with Burglary for allegedly entering an abandoned building and stealing copper, a class B felony punishable by up to 3 ½ to 7 years in prison. After months of negotiations, Attorney Shepherd was able to secure a plea whereby the client plead guilty to a lesser-included Theft. Rather than going to prison, the client received a suspended jail sentence conditioned on "good behavior".
FIRST DEGREE ASSAULT/RECKLESS CONDUCT
Client was home on Military leave. One Friday night the client went to a bar and got into a bar fight. The client was charged with First Degree Assault and Reckless Conduct. After months of negotiations with the State, Attorney Osborne negotiated a deal whereby the First Degree Assault and Reckless Conduct felonies were DROPPED. The client plead to a lesser included misdemeanor offense of Simple Assault and received a sentence of 9 days in jail with credit for the 9 days served when the client first arrested. The client was ecstatic; any felony conviction or any sentence with jail hanging in the balance would have meant an end to the client's exemplary military career. This result saved the client's career.
The client was accused of having shouldered with force a police officer that was standing behind him. The State made a plea offer that was kindly declined. After a trial and cross-examination of two police officers by ATTORNEY OSBORNE the client was found NOT GUILTY.
Client was on the way home from work when pulled over for going 26MPH over the posted speed limit. Attorney Shepherd had his client immediately complete a safe driver course prior to coming to court. Rather than plead guilty, Attorney Shepherd negotiated a deal with the prosecutor whereby the Speeding violation will be dismissed after a short period of time. This result allowed the client to avoid the collateral consequences of a speeding conviction such as a paying a high fine, paying increased insurance rates and accumulating demerit points towards license suspension.
TRANSPORTATION OF A CONTROLLED DRUG
TRANSPORTATION OF A CONTROLLED DRUG/POSSESSION OF A CONTROLLED DRUG/POSSESSION OF ALCOHOL – All cases continued for a period of time to be dismissed upon completion of community service.
WITNESS TAMPERING DROPPED
RJ was tried and convicted of felony witness tampering. RJ was represented by a different law firm at trial. On appeal, RJ's conviction was vacated and the case sent back to the Superior Court for a new trial. Attorney Shepherd met with the prosecutor, reviewed the evidence and successfully convinced the prosecutor to drop the charge completely. –August 1st, 2012
OPERATING AFTER SUSPENSION – DISMISSED
Mr. Client was charged with Operating a Motor Vehicle while his license was under suspension. Attorney Justin Shepherd took a close look at Mr. Client's motor vehicle record and discovered that the DMV had a mistake on his driving record – his license never should have been suspended. The state promptly DISMISSED the charge.
POSSESSION OF CONTROLLED DRUG CHARGE DROPPED
Mr. Client was arrested for a misdemeanor offense. Mr. Client was searched at the police station and a quantity of a prescription drug was found in Mr. Client's pants pocket. Mr. Client was charged with a felony drug offense. Mr. Client informed Attorney Shepherd that he had a valid prescription for the medication. Attorney Shepherd immediately obtained a copy of the valid prescription and presented the prescription to the prosecutor. The State dropped the Felony drug case.
MARIJUANA – State v. Client
Client was driving with a friend when they were pulled over for a motor vehicle infraction. The officer approached the car and immediately smelled marijuana. The driver consented to a search of the car and the officer located marijuana. The client was charged with possession of marijuana. The client was 18 years old, a high school student with good grades and headed into the military. ( A drug conviction would seriously jeopardize the client's future military career). Attorney Justin Shepherd immediately brought these facts to the prosecutor's attention along with the supporting documentation. The State agreed to continue the case for a period of time to be dismissed, thus saving the client's criminal record and future military career.
ATTEMPTED MURDER DROPPED
SK was facing the possibility of a life sentence after being indicted for Attempted Murder, First Degree Assault and Second Degree Assault for a stabbing. Attorneys Justin Shepherd and Mark Osborne vigorously investigated the case and developed information suggesting that SK was acting in self-defense. Attorney Shepherd filed a motion with the court (one of many motions) requesting permission to delve into the acrimonious past relationship between SK and the "victim" as a means of bolstering SK's self-defense claim at trial. After months of aggressively defending SK the State DROPPED the Attempted Murder Case and DROPPED the First Degree Assault Case. Ultimately SK, who was facing a life sentence, received a 2 year sentence with credit for time served.
State v. M.B.
MB was charged with Possession of Marijuana and Transportation of Marijuana. MB was riding his motorcycle with his sunglasses resting on his head and not his eyes. Apparently this is a violation. Concerned with the lack of eye protection, a local police officer pulled MB over. The officer asked MB for his license and registration. MB reached into his front pocket to obtain his while balancing his motorcycle with a passenger on the back. Concerned that MB was taking too long to obtain his license from his front pocket the officer grabbed MB's arm and "escorted" MB to the cruiser. The officer then "pat-frisked" MB, reached in MB's pocket and retrieved a small baggie of marijuana.
MB hired Attorney Justin Shepherd. Prior to trial Attorney Shepherd filed a Motion to Suppress the evidence arguing that the officer had no basis to conduct a "pat-frisk" as the officer had no basis to believe that MB was armed or presently dangerous. Further, sticking his hands into MB's pocket constituted a warrantless search that violated both the State and Federal constitutions. All of the evidence was suppressed following a suppression hearing. Though MB paid a small fine for the eyewear protection, he did not suffer a drug conviction or the mandatory 60 day loss of license for Transporting a Controlled Drug.
State v. M.M.
MM was charged with DWI and Transportation of an Alcoholic Beverage. Late one night MM was headed home from a friend's house traveling on a windy back country road when his tire purportedly crossed the white fog line. Unbeknownst to MM a police officer was following from some distance away. The officer pulled MM over, approached the vehicle and smelled the odor of alcohol coming from the vehicle's interior. The officer observed "red and glassy" eyes and, as a result, requested that MM perform a series of Field Sobriety Tests. MM declined the officer's invitation and was subsequently arrested for DWI.
Prior to trial MM hired Attorney Justin Shepherd. Attorney Shepherd spoke with the prosecutor and highlighted several problems with the State's case. For example, the officer didn't see the vehicle swerve, make improper turns, speed, or take any other action consistent with impairment. The "red and glassy" eyes could be attributed to numerous causes other than alcohol consumption, such as allergies, smoke, a blowing heater, fatigue, etc. Attorney Shepherd pointed out that it is not illegal to have an odor of alcohol on one's breath, nor is it illegal to have a drink and then drive.
Prior to trial the State completely DROPPED the DWI charge.
State v. Parked Client
On a quiet night, Mr. Parked client parked his car on the side of a residential street. It was around 2 am. He and his female passenger were sitting quietly and talking. Suddenly, a spotlight was shone in their faces. There was a knock at the window. A local police officer ordered Mr. Parked Client to step out of the car. The officer then began asking the female passenger for her i.d. He then asked her three or four times if everything was ok – to which she said everything was fine. The officer then began looking all around the inside of the car. To his merriment, he found a small baggie of marijuana. Mr. Parked client was arrested for two misdemeanor drug offenses. Mr. Client was also charged with Resisting Arrest.
Parked Client hired Attorney Osborne. Upon reviewing the officer's report, it was clear that the officer had violated Mr. Client's 4th Amendment right to be free of unreasonable searches and seizures in at least four different ways. Attorney Osborne filed a motion with the court asking that the marijuana be thrown out of evidence. But, even if the evidence was thrown out, Mr. Parked Client was still facing a possible jail sentence on the Resisting Arrest charge.
Accordingly, Attorney Osborne and the prosecutor worked out an agreement whereby Mr. Client paid a nominal fine on a violation (a non-criminal offense) and all of the misdemeanor charges (including the Resisting Arrest) were dropped.
State v. Mr. Client
Last summer, Mr. Client was charged with thirteen (13) charges of domestic violence (including two felonies, assault, and violating court orders). His accuser was his girlfriend of 9 months. She first accused him of trying to strangle her. The police came and arrested him. The next day, girlfriend told him that she could not live without him and that she was going to harm herself if he did not come back home. Mr. Client returned home. He and girlfriend had an argument. She called the police and had him arrested for being back home. She also accused him of hitting her (she admitted that she had hit him multiple times –but she was never charged). The police arrived and arrested Mr. Client for violating a no contact order. For the next two days, girlfriend calls him approximately 50 times and leaves him voicemails screaming about her drug use, other men, and how she loves him. Mr. Client, against his better judgment goes to girlfriend's house. A few hours later she calls the police and claims that he has assaulted her.
Mr. Client was offered a lengthy jail sentence in exchange for his plea of guilty. Mr. Client had a very high bail. He hired Attorney Osborne to represent him. Attorney Osborne was able to persuade the local court to reduce Mr. Client's bail over the prosecutor's objection. Attorney Osborne then reviewed all of the police reports and noticed that girlfriend's various stories to the police were substantially inconsistent. Attorney Osborne let it be known that every allegation was going to be a trial and that Mr. Client would not be pleading to any allegations of assault or physical violence.
Approximately one year later, and a halfway through a trial on the first set of allegations, all of the charges for assault were dismissed (including the felonies). Mr. Client did plead to having violated the no contact order on two occasion. There were many reasons for why this case ended this way, but suffice to say that no matter what you are charged with, good things can happen when your lawyer takes the time to do some digging and puts the necessary time into your case.
State v. G.D.
GD was charged with Operating Under the Influence of Alcohol and Operating Without a Valid License. GD retained Attorney Justin Shepherd to help with his case. Prior to trial the parties reached a result whereby the Operating Under the Influence of Alcohol and Operating Without a Valid License charges were dropped. GD entered a guilty plea to a lesser Negligent Operation charge and paid a small fine.
State v. S.P.
Mr. P had the misfortune of having a small amount of marijuana in his lap when the police stopped the car in which he was riding. He was arrested for a misdemeanor charge of Possession of a Controlled Drug. S.P. hired Attorney Osborne to represent him. After a productive discussion with the State, the drug charge was reduced to a violation and SP paid a fine. S.P. will be able to get this charge annulled in one year provided that he does not endure any future arrests.
State v. D.G.
D.G. was charged with Driving While Intoxicated. Apparently a motorist called in the description of the car that was thought to be D.G's. When the police arrived at D.G.'s apartment, they saw the car that had been reported. The police went upstairs to D.G.'s apartment. They spoke with D.G. for a few minutes. The police were convinced that D.G. was impaired, thus he was arrested for DWI.
At trial, Attorney Osborne argued that the State could not prove that D.G. actually drove the car given that none of the State's three witnesses actually saw him driving or sitting behind the wheel. Other evidence suggested that someone else may have driven D.G.'s car that day. D.G. was found Not Guilty of DWI.
State v. K.D.
Following a traffic stop KD was charged with Operating After Suspension – 2nd Offense, Driver’s License Prohibitions and running a red light. KD retained Attorney Shepherd to help with these matters. Attorney Shepherd carefully reviewed the police reports and pointed out several inaccuracies on the motor vehicle record to the prosecutor. The State dropped the misdemeanor driving offenses prior to the start of trial.
State v. S.T. (and Mrs. S.T.)
S.T.'s house was raided by local police because they suspected that a family member was selling drugs out of the home. When the police barged in they searched the house high and low. They found a moderate amount of marijuana in S.T's bedroom. S.T. was charged with Possession of a Controlled Drug With Intent to Sell/Dispense, a felony that carries a potential punishment of 3 ½ -7 years in prison and an ungodly high fine.
During the search of the home, the police decided to search Mrs. ST's purse. In it they found a very small quantity of marijuana. Mrs. ST was charged with Possession of a Controlled Drug, a misdemeanor that carries a punishment of p to 12 months in jail and a $2,000 fine.
S.T. and Mrs. ST hired Attorney Osborne to represent them court. Attorney Osborne read the police reports and went to work. First, Attorney Osborne filed a motion to throw out Mrs. ST's drug charge. He argued that Ms. ST was not named a s a person to be searched in the search warrant. He argued that Mrs. ST was not a suspect and that the police officer had NO reason to go digging through her purse. The police officer tried to argue that there could have been a weapon in the purse. Attorney Osborne, on cross-examination, got the officer to admit that he did not see any machine guns, knives, hand grenades, or rabid animals protruding from the purse. The court agreed with Attorney Osborne and agreed that the search of Mrs. ST's purse was improper. Thus her case was dismissed.
As for ST, his case was a little more tricky. The marijuana was found in the house, which was named in the search warrant, thus it was properly and lawfully discovered. However, the evidence and circumstances strongly suggested that the marijuana was intended for ST's personal use rather than for sale or disbursement. After working on this case for several months, Attorney Osborne was able to get ST a plea offer whereby the felony was dropped to a misdemeanor. The case is now closed.
State v. J.W.
JW was indicted for Criminal Liability to Armed Robbery. JW was in the downtown area with an acquaintance when the acquaintance removed what appeared to be a gun from his waistband and demanded a pedestrians wallet. Seeing what was transpiring, JW quickly fled the scene and was apprehended a short time later by police. The police immediately put the victim into the backseat of a police car and had the victim identify JW as a participant. At the time of the identification JW stood on the sidewalk surrounded by police and illuminated by a spotlight. Prior to trial Attorney Shepherd filed a Motion to Suppress the identification of JW. Specifically, Attorney Shepherd argued that the identification of JW was overly suggestive and thus tainted. The prosecutor agreed with Attorney Shepherd's analysis of the case, that JW did not have the intent to facilitate a robbery. The State dropped the entire case prior to trial.
State v. A.C.
AC was indicted for allegedly committing a residential Burglary. Shortly before trial Attorney Justin Shepherd pointed out all the weaknesses in the case to the prosecutor. After a brief conversation the State elected to DROP the Burglary charge.
State v. J.C.
J.C. was charged with Possession of Marijuana, Transportation of Marijuana and a motor vehicle violation for neglecting to stop for a traffic light. After negotiating the matter with the State Attorney, Justin Shepherd was able to secure a result whereby the State dropped the Possession of Marijuana and Transportation of Marijuana charges. Thus, JC was able to keep JC's license, did not obtain a criminal conviction and did not need to worry about any adverse consequences to JC's college financial aid.
State v. L.P.
L.P. was accused of Operating a Motor Vehicle After Suspension and Driving Without Proof of Financial Responsibility. While on routine patrol an officer noticed a van parked next to a closed market late at night. The officer noticed that several individuals were inside the van and acting in a "suspicious" manner. The officer made contact with LP and asked for LP's license. The officer had LP exit her car and began to interrogate LP as to why LP was parked next to a closed business at this time of night. Not satisfied with LP's answers, the officer rummaged around LP's vehicle (and finding nothing) the officer arrested LP for the above-driving offenses.
State v. R.G.
R.G. was charged with Operating After Suspension – 2nd Offense. Attorney Shepherd was able to successfully negotiate this complaint down to failure to use a turn signal. Rather than face an almost certain stint in the local jail RG paid a small fine.
State v. N.W.
N.W. was charged with Felony Theft for purportedly misappropriating a friends social security checks. The Court entered a finding of No Probable Cause and dismissed the case after it came to light on cross-examination that the State had not secured any banking records, had no statement from N.W. and had absolutely no corroborating evidence of the complaining witnesses' claim of misappropriating the funds. N.W. was driven to court in a paddy wagon and walked out the front door of the court with Attorney Shepherd.
State v. J.A.
J.A. was pulled over after a check of his license revealed that he was previously certified Habitual Offender. J.A. was arrested and subsequently indicted for Operating a Motor Vehicle after Certification as a Habitual Offender. A conviction for this offense would mean a minimum mandatory 1-5 years in prison. J.A. retained Attorney Justin Shepherd. After negotiating the matter with the State, the Habitual Offender indictment was dropped. The State brought forward a lesser included misdemeanor of Operating a Motor Vehicle After Suspension of License, to which J.A. plead guilty. J.A. received a suspended sentence, a fine and community service. Needless to say, J.A. was exceedingly happy with the result – no jail meant that J.A. could keep J.A.'s job and continue to support J.A.'s family.
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