David Shepherd West’s Answers

David Shepherd West

Marietta Criminal Defense Attorney.

Contributor Level 7
  1. 17 year old son, never in trouble, just pulled over. Officer asked about drugs (had a drug dog), my son admitted.

    Answered over 2 years ago.

    1. Elisa G. Massoth
    2. David Shepherd West
    3. Kathryn L. Hudson
    3 lawyer answers

    Sorry to hear that your son was stopped by police and searched. In many cases, police scare or intimidate younger offenders into letting them search their vehicles. Unfortunately, this tactic is allowed by the law and if you son consented then it is likely the marijuana and pipe will be used against him in court. However, a good criminal drug lawyer can look at all of the facts of this case, including the reason he was stopped to begin with and may be able to get these charges thrown out....

    1 person marked this answer as helpful

  2. Will I get deported if I travel to the UK for having a Felony in the USA, I have both UK and USA Passport's

    Answered over 2 years ago.

    1. David Shepherd West
    1 lawyer answer

    With a pending warrant for these charges you should be intercepted upon entry into any foreign country in which shared extradition with the United States exists. This is especially true if you enter on your United States passport which has undoubtedly been flagged. Even using your U passport it is highly likely that authorities will intecept you, detain you, and then notify US authorities to prepare to take custody of you for return to the United States. If you definately are facing a 99...

    1 person marked this answer as helpful

  3. How do I find out if I hava a warrant online?

    Answered over 2 years ago.

    1. David Shepherd West
    1 lawyer answer

    Every state and county have different rules on whether a member of the general public can view criminal warrants online. Many counties refuse to post this information because they believe if people know they have a warrant out for them then they will take off or hide - which is often true. However, many counties DO post their warrants online for people to view. In most counties that post warrants you will need to go to either the website for the Magistrate Court of the county you believe the...

  4. I was charged with a harrassment when I was 15yrs old. I was never notify about this. Now Im 21yrs old and just found out

    Answered over 3 years ago.

    1. Mariko Lisa Mulligan
    2. David Shepherd West
    2 lawyer answers

    I would check with the juvenile court where your case was handled when you were 15 years old. They should have a process to seal your juvenile record so no one else can see it in the future. You also should get clarification on exactly what is showing up on your record so you will know what to say if any other questions come up in the future. Good luck! David S. West Managing Partner David West & Associates Marietta, GA www.westdefense.com

  5. Perjury of prosecution witnesses

    Answered over 3 years ago.

    1. David Shepherd West
    1 lawyer answer

    If you know how to prepare it, you can file a motion for an appeal bond with the courts asking to be allowed to remain out of custody while your appeal is pending. While this is not routinely granted depending on the Circuit in which your case is handled, it is a possibility. You may want to consult with a lawyer who handles federal appellate practice to determine the appropriate form and process that you should follow. Good luck! David S. West Managing Partner David West & Associates...

  6. Shoplifting- no lawyer

    Answered over 3 years ago.

    1. Mark M Cheser
    2. Thomas Carroll Blauvelt
    3. David Shepherd West
    3 lawyer answers

    Representing yourself is always a challenge so be careful that you understand exactly what you are doing and agreeing to before you leave the court. As to getting your charge lowered, this can be done in one of three ways usually. First, if this municipal court has a prosecutor, you need to ask to speak with them and then discuss reducing the charge with them. They have the authority to lower your charge. If no prosecutor is present, the officers are usually present - talk to the officer...

  7. Got caught with marijuana. got handcuffed but not arrested or any type of ticket given to me

    Answered over 3 years ago.

    1. Patrick Michael Lewis
    2. Lucas James Nodine Esq
    3. David Shepherd West
    3 lawyer answers

    Unfortunately, the answer is not as clear as your friend thinks. It has become increasingly common for cops to bust young people with tiny amounts of weed and then tell them they won't charge them if they cooperate in giving info on other dealers or doing work for them in the future. If you then decide not to help them they threaten to arrest you. Technically speaking, they can actually choose to arrest you later if you don't follow through on your end of the bargain; however, it may be...

  8. My brother is in fedral prison and his release date is 8/4/2012 but he got a year early off and is ready for the halfway house

    Answered over 3 years ago.

    1. David Shepherd West
    1 lawyer answer

    Probably not. The federal system uses the halfway house as just that, a way to get people acclimated into regular life before releasing them to go home. I would say though that if your mother is in EXTREMELY grave health and the family needs him to assist with her care, it might be possible to get back in front of the sentencing judge and get him home instead - I have only seen this work though where the parent was terminally ill and no other family members were able to care for them. Good luck.

  9. If battered in 2002 can state attorney stil make a charge against the batterer ?

    Answered over 3 years ago.

    1. Owen David Greenberg
    2. Daniel G. Galivan
    3. David Shepherd West
    3 lawyer answers

    The answer is probably not. There is a statute of limitations on all crimes and in most states the government only has two years to prosecute misdemeanors or they are prevented from doing so; however, if the defendant was charged and simply ran away so he didn't have to face the case, that two year limit goes away and as soon as he is picked up on the warrant they can still prosecute him. The bigger question really is why would they if that much time has gone by and the victim doesn't want to...