Defense Against Drug Offense Allegations
Attorney Shepherd has numerous years of experience handling all manner of drug crimes, both big and small. Drug crimes can range from something relatively minor, like possession of marijuana, to something much more complex and sophisticated, such as drug conspiracies.
We understand that drug addiction is a complex disease that fundamentally alters brain chemistry. We recognize and advocate that addiction is not a situation where someone lacks moral principles or willpower. It’s an illness with a long road to recovery.
Defending a Drug Case
Drug cases are fought on a number of fronts. An experienced lawyer will scrutinize the police reports and file what is called a motion to suppress, or "kick out," evidence if it was illegally obtained. For example, the police cannot randomly stop your vehicle. Assuming a valid reason existed for the stop (usually, it’s something trivial like a malfunctioning taillight), the police cannot expand the scope of the stop without basis.
Other times, police will conduct a motor vehicle stop and "ask" for your consent to conduct a search while simultaneously threatening to bring out the drug-sniffing K9s if you refuse. Thus, the validity and voluntariness of the consent to search may become an issue. Sometimes police will obtain a search warrant to search a house or car. We scrutinize the warrant to ensure it is supported by probable cause. If not, the evidence must be tossed.
Drug cases can be fought on the issue of one’s knowledge. Say, for instance, you are a passenger in a friend’s vehicle. The car is stopped for rolling through a stop sign. The police find drugs in the backseat. Unfortunately, both you and the driver find yourselves in cuffs and charged with a drug crime. The defense here is one of knowledge: you did not know the drugs were in the backseat.
Most drug sales occur when a person sells a minuscule amount of drugs to support their own habit. The drug sale is typically made to someone working with the police called a 'confidential informant'—always a shadowy character. A person becomes a confidential informant because they are "working off" their own criminal charges and, thus, have motive to fabricate. Attorney Shepherd employs his investigator to locate all possible information regarding the informant. At trial, Attorney Shepherd aggressively challenges the veracity and reliability of the informant.
The best defense occurs before trial by convincing the prosecutor and judge that a person suffers from an illness and needs treatment, not prison. We work hard to help our clients get into long-term drug rehabilitation programs or locate community-based outpatient services. If appropriate, we will help a client get into what is commonly known as "Drug Court."
We handle a variety of drug crimes, from possession of prescription drugs to the sale of heroin and fentanyl. Whatever the nature and circumstances of your drug charge, Attorney Shepherd has the skills and experience necessary to fight for the best possible outcome.