Jason S Dunkle’s Answers

Jason S Dunkle

State College Criminal Defense Attorney.

Contributor Level 12
  1. I got a citation for using an electronic device in new york and I'm on probation in PA. How will this effect my probation?

    Answered about 2 years ago.

    1. Jason S Dunkle
    2. Jon Martin Pettis
    2 lawyer answers

    I believe that appropriate answer is "it depends." Presuming you had a condition that prohibited you from leaving the state without permission, you clearly violated the terms of your probation. Issues you have: 1) will your probation officer discover the violation; 2) if so, will he/she ignore the violation or proceed with a probation revocation; 3) if there is a revocation, what is the probation department and/or DA going to recommend as far as a punishment for the revocation; 4) what is the...

    5 lawyers agreed with this answer

  2. How can I get a carry permit in pa

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. David Bradley
    3. Steven Ernest Kellis
    3 lawyer answers

    The prohibition is based upon the maximum sentence and not the sentence that was actually imposed. As your charge was an M1, the statutory maximum is 5 years. Under 18 U.S.C. 922 and 921, you are prohibited under Federal law from possessing a firearm. Jason S. Dunkle, Esquire D & H Law Group, P.C. State College, PA 16801

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  3. I am getting my 2nd underage drinking citation. Will i get my license suspened?

    Answered 13 days ago.

    1. Jason S Dunkle
    2. Lidia L. Alperovich
    3. Douglas Lee Dolfman
    3 lawyer answers

    If you are convicted of the Underage Drinking, the judge is required to complete and send a DL-21 form to PennDOT. PennDOT will then suspend your license for 1 year. You are not eligible to receive an Occupational Limited License (OLL) for a 2nd offense. The suspension cannot be reduced IF you are convicted because PennDOT does not negotiate on suspensions. The only way to avoid the suspension is to avoid the conviction of the Underage charge. You should contact an experienced Pittsburgh...

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  4. Charged with possession of paraphernalia. Worried about driver license

    Answered almost 2 years ago.

    1. David William Gross
    2. Jason S Dunkle
    3. Ellis B. Klein
    3 lawyer answers

    Under section 1532(c) of the Vehicle Code, PA driving privileges are suspended for offenses related to the possession and distribution of controlled substances. To date, PA courts have not interpreted the Possession of Paraphernalia charge, in violation of 35 P.S. 780-113(a)(32), to be related to the possession and distribution of drugs, so the answer is no. If convicted of Possession of Drug Paraphernalia, you should not be facing a suspension of PA driving privileges. Jason S. Dunkle,...

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  5. How do I recap fees paid to my attorney 2yrs ago for underage in Pa. He died without completing the expungement now that I am 21

    Answered over 1 year ago.

    1. Jason S Dunkle
    2. Robert C. Keller
    3. Zachary Cooper
    3 lawyer answers

    If you have a fee agreement that shows that you paid the attorney to handle the expungement, attorneys such as myself will take care of it. We will try to honor the agreements of our friends. Jason S. Dunkle, Esquire JD Law, P.C. State College, PA 16801 (814) 954-7622

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  6. Was charged with dui, resisting, restriction of beverages

    Answered about 2 years ago.

    1. Jason S Dunkle
    2. Donald John Ramsell
    2 lawyer answers

    There are limitations to the expungement. Regretfully, a court can only order the expungement of government records, but a court can not order private people or private companies to expunge. A newspaper has a First Amendment right to retain its publications. This is also arises with internet background search companies. Those companies are often purchasing information from a state records database, and, while the state database is later expunged, the internet background search company does...

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  7. What if you are on the ARD program for a dui and you get a citation unrelated to driving or Dui what can happen?

    Answered about 2 years ago.

    1. Jason S Dunkle
    2. Charles Laputka
    2 lawyer answers

    As with many things, the answer is it depends. If you beat the citation, then you have a very good chance that nothing will happen as you were found not guilty of the citation. However, if you had an ARD condition, such as not drinking, and the citation was for Public Drunkenness, the fact that you were found not guilty of the violation does not necessarily mean that you won't be revoked from ARD. If the probation department can still prove that you drank, then you could be violated. In...

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  8. Is it possible for a DUI charge to disappear from your record if you were underage ?

    Answered over 2 years ago.

    1. Jason S Dunkle
    2. Ellis B. Klein
    3. James C Forslund
    3 lawyer answers

    Since you were 17 when the DUI occurred, the charge would generally be on your juvenile record and not an adult record, which would also explain why the DUI charge was not listed on the AOPC web portal search. The website you accessed is generally accurate. With regard to your DUI case, it sounds as if you completed a consent decree, which is similar to ARD in adult court. While you could not access the juvenile record, it does not mean that the record of the offense does not exist. You may...

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  9. I received a non-traffic citation for public drunkenness. Will I go to jail for this?

    Answered 4 months ago.

    1. Zachary Cooper
    2. Ronald F. Saupe
    3. Jason S Dunkle
    4. Derek Alan Steenson
    5. Andrew Joseph Edelberg
    5 lawyer answers

    In some of these cases, the officer and judge are willing to enter into an agreement in which you are required to pay court costs and possibly clean up costs if the vomiting occurred within a building, and you are required to complete community service in exchange for a dismissal of the charge. A dismissed charge remains on your record, so your attorney then files an expungement petition with a higher jurisdiction court to have the records of the incident destroyed. I just worked out such an...

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  10. Will I be charged?

    Answered 5 months ago.

    1. Geoffrey David Hood
    2. Jason S Dunkle
    3. Robert Phillip Odle
    4. Michael Lawrence Doyle
    4 lawyer answers

    In Pennsylvania, it is illegal for a person to "possess" drugs or related paraphernalia. Possession is not ownership. Instead, a possession charge can be filed if the police believe that a person could have taken control over the illegal substance. In your scenario, the joint was on the ground near you, so the officer could charge you. The officer probably administered the eye test to see if he could determine whether or not you have actually been smoking marijuana. If the officer believed...

    4 lawyers agreed with this answer