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Posted in General, Invasion of Privacy on January 12, 2015
Many people are now aware of the recent passage of “revenge porn” statutes across the country, but many people do not even know what the phrase “revenge porn” means. Generally speaking, it often arises in the context of one person posting naked or nude photos of an ex-paramour or spouse on social media sites such… view more
Posted in General, Penn State Marijuana Possession on January 12, 2015
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
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
Posted in General on January 12, 2015
While some Penn State students took advantage of afternoon classes being canceled due to Hurricane Sandy by purchasing 40 ounce bottles of Hurricane malt liquor, there were no news reports of any increased criminal activity. Regrettably, news reports have stated that some people in South Brooklyn were involved in looting and fights. Stressful situations sometimes… view more
Posted in General on January 12, 2015
By Jason Dunkle on G+ I recently saw a question posted online inquiring whether or not the death penalty was still legal in the U.S. Not only is the death penalty legal, Pennsylvania was prepared to execute its first inmate 13 in years before a stay was issued by a Pennsylvania court. I find… 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+ 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 General on January 12, 2015
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
Posted in General on January 12, 2015
By Jason Dunkle on G+ The Pennsylvania Superior Court recently held that a judge had imposed an illegal sentence in a second offense driving under the influence case in which the DUI defendant had refused to submit to a chemical test to determine his alcohol level. In Pennsylvania, a person that refuses a chemical test… view more
Posted in Assault, General on January 12, 2015
By Jason Dunkle on G+ As a criminal defense lawyer located next to Penn State, I represent a lot of Penn State students and alumni that get into trouble for the first time. In many of the cases, alcohol is involved, which explains why the people did something that they normally would not do. I… view more
