Centre County PCRA Granted After State College Criminal Defense Lawyer Argued “Attorney Abandonment”Posted in Appeal, General on January 12, 2015
By Jason Dunkle on G+ I represented a Centre County client in a Post Conviction Relief Act (PCRA) in which two prior defense attorneys had failed to file documents in a timely manner and thereby prevented the courts from considering the client’s appellate arguments. When filing a PCRA petition, the defense lawyer generally claims that… view more
Centre County Inmate Escapes from Trustee Program at PrisonPosted in General on January 12, 2015
By Jason Dunkle on G+ I expect that all of our parents have told us to forgo judging another person until you have walked the proverbial mile in his shoes. I have tried to apply that philosophy in my field as a criminal defense lawyer and do not judge clients. While I try to refrain… view more
Investigative Detention or Custody – Why Does it Matter?Posted in General on January 12, 2015
By Jason Dunkle on G+ In a prior blog, I discussed interactions between police and citizens, noted the distinction between a mere encounter and an investigative detention, and used typical Penn State Underage Drinking investigations at a Penn State tailgate as examples of both. There is a third type of police-citizen encounter that occurs when… view more
New Drinking Method – Alcohol Enema or “Butt Chugging”Posted in General on January 12, 2015
By Jason Dunkle on G+ Earlier this week, a young man at the University of Tennessee was transported to the hospital for alcohol poisoning with a blood alcohol level that exceeded .40% after having consumed wine at a fraternity. This would seem to be a relatively routine phenomenon at a local university, meaning an Underage… view more
$1,000.00 Fine for Underage Drinking in the Future? Possible Change in the WorksPosted in General, Underage Drinking on January 12, 2015
Perceived Underage Drinking Problem in State College On September 12, 2012, the Pennsylvania House Judiciary Committee held a public meeting session in State College, and part of the agenda was discussion of a proposed amendment to the Underage Drinking and Public Drunkenness laws that were sponsored by Centre County Senator Jake Corman. The proposed amendments… view more
State College DUI Case – Virginia DUI Not a “Prior Offense”Posted in Centre County DUI on January 12, 2015
DUI charges are treated as very serious offenses in Pennsylvania as evidenced by the mandatory minimum penalties that must be imposed for convictions. The mandatory minimum penalties often include mandatory periods of incarceration, license suspensions, and fines. The DUI signs that one routinely sees along Pennsylvania roadways that state “DUI – You Can’t Afford It”… view more
When approached by a police officer, does a person have to stop and answer questions?Posted in General on January 12, 2015
Mere Encounter or Detention People often question whether or not they are required to stop and talk to a police officer if they are approached on the street. As with almost everything, the answer is “it depends.” There is a distinction in the law between a “mere encounter” with a police officer and an “investigative… view more
Will Higher Fines Reduce Underage Drinking in State College?Posted in General on January 12, 2015
Penn State Underage Drinking Problem Centre County Senator Jake Corman has proposed amendments to Pennsylvania law that would increase the maximum fine for Underage Drinking and Public Drunkenness to $1,000.00. I believe that it is safe to presume that Senator Corman’s proposal was not intended to garner votes amongst the 40,000 Penn State students at… view more
Back in the News – OJ Simpson Granted Hearing on AppealPosted in General on January 12, 2015
By Jason Dunkle on G+ I read an article today stating that a Clark County District Court Judge agreed to schedule a hearing for OJ Simpson’s pending appeal. The article advised that OJ is alleging that his criminal defense attorney at trial was ineffective. Such proceedings are called “collateral appeals.” A “direct appeal” is the… view more
Centre County Driving – Should We Join The Texas Speedway At 85 Miles Per Hour?Posted in General on January 12, 2015
By Jason Dunkle on G+ According to a recent news story, the statement that “Everything is bigger in Texas” continues to ring true. Governor Rick Perry cut the ribbon to open the 41-mile of road between Austin and San Antonio, which now claims the highest speed limit in the nation – 85 mph. Keeping in… view more