General

Will Penn State Decriminalize Possession of a Small Amount Marijuana for Personal Use?

According to online news reports, the State College Borough is considering following the lead of Pittsburgh and Philadelphia and passing a local ordinance to decriminalize possession of small amounts of marijuana. This does not mean that marijuana is now legal in Pennsylvania. In Pennsylvania, a person that possesses less than 30 grams of marijuana for… view more

Defense Lawyers for PSU Administrators Claim Privilege Prohibits Testimony

THe criminal defense lawyers for former Penn State Administrators Tim Curley and Gary Schultz are trying to prohibit former General Counsel for Penn State, Attorney Cynthia Baldwin, from testifying against them in their upcoming preliminary hearings.  The criminal defense lawyers claim that Curley and Schultz believed that Baldwin was  representing them when they appeared before… view more

Failure To Mirandize In State College Drug Possession Case

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

Is “Flipping the Bird” Legal in Pennsylvania?

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

New DUI Investigation Tool On Horizon – Drug Breathalyzer

By Jason Dunkle on G+ In a standard alcohol-related DUI investigation, the police routinely use a portable or preliminary breath test, commonly called a PBT, but no such device has been created to assist in drug-DUI investigations. A routine State College DUI investigation involves a traffic stop for a Motor Vehicle Code violation, an officer… view more

School Bus Driver Drops Off Kids, Charged With DUI

By Jason Dunkle on G+ While people may not think that they could be charged with DUI for riding a bike or horse while intoxicated, most people would just be appalled to find out that some bus drivers are charged with driving under the influence while transporting children. A 42-year-old bus driver near Chicago dropped… view more