General
Change to Pennsylvania Agg Assault Law – Cable Employees Get Special Protection?Posted in General on January 12, 2015
By Jason Dunkle on G+ The Pennsylvania legislature is considering changing the Aggravated Assault law to change the definition of “public utility employee” to include employees of cable television, phone, and electrical companies or independent contractors working for such companies. This would generally mean that an assault involving such a person as a victim would… view more
Misdemeanor Charges Filed in Centre County Theft of Street Sign Case – Overcharging?Posted in General on January 12, 2015
By Jason Dunkle on G+ Two teens were recently charged by the Pennsylvania State Police with Attempted Theft, Conspiracy, and Possession of Instruments of Crime when they were caught in the wee hours of the morning trying to steal signs at the intersection of Sleepy Hollow Road and Ichabod Lane. Taking signs is illegal, but… view more
T-Ball Coach Assaults Opposing CoachPosted in General on January 12, 2015
By Jason Dunkle on G+ In another example of “what not to do” for children, a South Bend, Indiana T-ball coach recently physically assaulted the opposing coach. According to the online article, the umpire was able to keep the two coaches apart during the early evenings when the verbal sparring started. At some point later… view more
State College Woman Steals Police Cruiser After Being ArrestedPosted in General on January 12, 2015
By Jason Dunkle on G+ A Pennsylvania State Police trooper in Williamsport arrested a State College woman, handcuffed her, and put her in the front passenger seat of his police cruiser. While the trooper was driving down the road towards the Pennsylvania State Police barracks, the woman apparently attempted to open the passenger door and… view more
State College DUI Patrol Results in Five ArrestsPosted in Centre County DUI, General on January 12, 2015
By Jason Dunkle on G+ In order to enforce Pennsylvania DUI laws in Centre County more aggressively, members of the Ferguson, Patton, and Spring Township police departments recently conducted roving patrols that focused on enforcement of traffic violations. The increased effort led to the issuance of 32 traffic citations, 2 Underage Drinking non-traffic summary citations,… view more
Pennsylvania Judge Holds School Zone Mandatory Sentence for Drug Delivery UnconstitutionalPosted in General on January 12, 2015
By Jason Dunkle on G+ Pennsylvania criminal defense lawyers that handle felony drug cases like delivery or possession with intent to deliver charge should pay close attention to a decision recently issued by a judge in eastern Pennsylvania that held the “drug-free school zone” mandatory minimum sentence unconstitutional. The drug-free school zone requires a judge… view more
Assault with a Sexual Weapon – Daughter Hits Mother with VibratorPosted in Assault, General on January 12, 2015
I am sure that almost everyone has heard the phrase “assault with a deadly weapon,” but few, if any, of us have heard of someone being accused of assault with a sexual weapon. According to a Huffington Post story, a 35-year-old New Mexico woman was arrested for assault after her 60-year-old mother contacted the police… view more
Man Sentenced to In-Home Detention After Convicted of Raping WifePosted in General on January 12, 2015
A man in Indiana was recently convicted of rape after the jury or judge found that the man had drugged his wife and sexually assaulted her while she was unconscious. The victim told police that her husband had been doing this for over three years, and she only became aware after she saw three sex… view more
Pennsylvania Superior Court Rules Drug Mandatory Sentences Are UnconstitutionalPosted in Felony Drug Delivery / Possession with Intent to Deliver, General on January 12, 2015
I believe that it is undisputed that the current drug-related mandatory minimum sentences in Pennsylvania, like the “drug-free school zone” and “drug trafficking,” are unconstitutional. The laws as written do not require a prosecutor to actually charge a person with the mandatory, and prosecutors are not required to prove applicability of the drug mandatory sentences… view more
Pennsylvania District Attorneys Are Gatekeepers to First-Time Offender Program Called ARDPosted in ARD, General on January 12, 2015
A recent Dauphin County case has brought attention to who decides whether a person charged with a criminal offense is permitted to participate in a pretrial diversionary or first-time offender program known as Accelerated Rehabilitative Disposition, commonly called “ARD.” With the ARD program, a person pleads not guilty to the criminal charges, but the person… view more