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Posted in Constitutional Rights, General on January 2, 2017
Most people would not find a bicyclist flipping off a cop to be an interesting article, but, to a legal nerd like me, it is thought-provoking for a few reasons. First, the man’s name was David Smith. The Huntingdon County District Attorney is also named David Smith. While the idea that a local prosecutor would… view more
Posted in Constitutional Rights, General on January 12, 2015
A Centre County judge recently issued an opinion in a State College misdemeanor drug possession case in which the criminal defense lawyer sought suppression of statements made by the defendant because the officer did not advise the defendant of her Miranda warnings. The judge’s decision granted the suppression of some statements, but the judge also felt… view more
Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ During the halftime break of the Sunday night football game, Bob Costas read and put his support behind a newspaper editorial that basically blamed the recent murder-suicide tragedy in Kansas City on gun ownership and called for a ban on firearms. In case you didn’t read about the incident, it… view more
Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ I have read numerous reports that the police intend to treat criminal cases that occur on State Patty’s Day differently than the same criminal cases that occur on other weekends, such as Penn State football or Arts Fest weekends. Primarily,the police have stated that they will: 1) arrest all people… view more
Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ Two recent cases put the spotlight on giving a person “the bird”, or “flipping them off”, and whether such a gesture is protected by the First Amendment to the U.S. Constitution. In one case, a police officer was the target, but, in the other, the person had the audacity to… view more
Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ While many people “flip off” or give others the bird in public, I often wondered if it was actually legal. Oddly, while I have been a criminal defense lawyer since 2004, I didn’t actually know the answer to that question until recently. Just because many people do it doesn’t mean… view more
Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ I recently spent a Thursday evening watching taped oral arguments from lawyers before the Pennsylvania Supreme Court on the Pennsylvania Cable Network. In the case of Commonwealth v. Gary, the Court is considering whether or not it should adopt the Federal standard regarding the search of automobiles, generally referred to… view more
Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ A Pittsburgh criminal defense lawyer was in the middle of a trial before an Allegheny County judge in an Attempted Homicide, Aggravated Assault, and Reckless Endangerment case, when the defense attorney learned for the first time that his client and another witness had previously provided written statements to the police…. view more
Posted in Constitutional Rights, General on January 12, 2015
By Jason Dunkle on G+ While most people charged with a criminal offense have the constitutional right to proceed to a trial, the vast majority of cases are resolved through plea agreements that are reached between prosecutors and defense attorneys. The agreements require the client to plead guilty to certain offenses in exchange for a… view more
Posted in Constitutional Rights, General on January 12, 2015
A Pittsburgh area man recently learned the hard way that some judges expect Pennsylvania citizens to take their civic duty to serve on a jury very seriously. The man had reported to the local county courthouse to be considered as a possible juror on a homicide trial. According to a Pittsburgh Tribune article, the man… view more
