General

Judge Resigns After Caught Texting Prosecutor During Trial

A Texas judge recently resigned after it was discovered that she had been texting a prosecutor during the trial. Not only was the judge texting the prosecutor, which constitutes ex parte communications, meaning communications without the defense side being present, but the content of the communications were intended to assist the prosecution’s case. The judge… view more

Underage Drinker Released After Winning Rock, Paper, Scissors

According to a Huffington Post article, a woman at a Texas music festival was not issued an Underage Drinking citation after she beat the officers at a game of Rock, Paper, Scissors. The event was apparently recorded and went viral. The officers are now in trouble and have been banned from working the same concert… 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