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Jason S Dunkle

Jason Dunkle’s Answers

167 total


  • My Daughter used someone else id link to C/C to purchase some ice cream for $40.00 in PA. What can happen to her.

    Should i get a Legal Aid. Would she do time, never been in trouble before. She goes to Penn State.

    Jason’s Answer

    It is highly likely that your daughter will be charged with Access Device Fraud, which, regrettably, is likely to be a misdemeanor offense. If either the Penn State or State College police are the investigating agencies, they will contact the Penn State Office of Student Conduct. This means that your daughter will face punishment from both the criminal system and the school disciplinary system.

    That is the bad news. The next issue is what is going to happen. Most likely, with regard to the criminal charges, your daughter would be eligible to participate in a first time offender program known as ARD that would allow for the dismissal and expungement of the charges. I will attach links to my website that contain an FAQ for ARD. With regard to Student Conduct, it is highly unlikely that they will seek to suspend or remove your daughter from school. They will want to meet with her and hear her side of the story, and, based upon her statements, they will issue violations of the student code of conduct along with recommended sanctions. To summarize, I believe that your daughter will take some lumps through this, but she will be okay overall. As a PSU alum and attorney in this area for almost 10 years, I have handled a lot of cases similar to this.

    Give me a call to discuss.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

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  • What is the best course of action I could take to either have dismissed, or reduce the penalties of public intoxication charges?

    I am a 20 year old student at Penn State. I was riding the bus home when the driver made me get off. I was visibly intoxicated but I was not disrupting the peace or being disorderly. I'm assuming she called the cops before kicking me off the bus b...

    Jason’s Answer

    As a first time offender, the officer may be willing to negotiate a resolution that would result in the dismissal of both charges. For example, on the Public Drunkenness (PD) charge, the officer may agree to have the judge dismiss the charge if you complete community service and pay the court costs. If you are able to have the PD charge dismissed, then you become eligible to participate in the first time offender program for Underage Drinking, which is called the Youthful Offender Program. The ability to obtain such a resolution depends upon the facts and circumstances of your case. Also, you must first convince the officer to agree, and then you must convince the judge.

    The first thing that you must do is to enter a "not guilty" plea to BOTH citations. You will be required to post $50.00 in collateral on each case, and the court will then schedule a hearing. In my cases, I generally contact the officer prior to the hearing and try to get everything resolved in advance so that you know precisely what will happen at the hearing.

    Most State College criminal defense lawyers offer free consultations, so I recommend calling one.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

    See question 
  • My daughter got arrested for dui and under age drinking. she's 20, was drinking but sitting in her car waiting for the bus.

    the keys were in the ignition, as it was cold while she and her girlfriend waited for the bus. they were in a campus parking lot when this happened. the vehicle was not moving I know the keys should not have been in the ignition and she shouldn't...

    Jason’s Answer

    Most State College criminal defense lawyers offer free consultations. One of the best ways to review the case is to have an attorney review the Police Criminal Complaint that was filed by the officer as it shows the attorney precisely what the officer alleges happened.

    Jason S. Dunkle
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

    See question 
  • 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

    I am still a NJ resident but issued the underage in Pa. Participated in Alcoholawareness program and had licence revoked in pa for 6 months. Also paid fine. Case never heard in Maj. Charge dismissed when fine paid. How can I get record exp...

    Jason’s Answer

    • Selected as best answer

    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

    See question 
  • If I am convicted of a DUI with above .16 and with drugs in my system can I still be accepted into the ARD program?

    I was pulled over for speeding, 45 and a 25, I have no prior offenses and am currently a student with a 3.9 gpa and have been accepted into medical school starting in the fall. Will the fact that I have a clean record and prove that I am an excell...

    Jason’s Answer

    I have been a criminal defense lawyer in Centre County since 2004, so I have handled many cases similar to yours in this area. I would want to review your paperwork to see if any issues arise with regard to the possibility of having your case dismissed. Based upon the limited facts that you have presented, I believe that you would be an ideal candidate for ARD in this county. Over the years, I have represented many students that wanted to become professionals, be it lawyers, doctors, engineers.... If you have additional questions or concerns, feel free to contact me for a free consultation.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA
    (814) 954-7622

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  • I should be losing my license for a DUI but Penndot says differently?

    I recently went to my final ARD hearing for my DUI where i signed a paper stating i would complete my classes, community service, and be losing my license for 60 day suspension.. I got a letter a few weeks after my court hearing from Penndot sayin...

    Jason’s Answer

    License suspensions for participation in ARD are generally based upon the DUI charge that was filed, and the DUI charge is generally based upon your blood alcohol level. According to your initial post, you were told that you would incur a 60 day suspension. If you were charged with DUI, in violation of 3802(c), claiming that your blood alcohol level was above a .16%, then legally you should have a 60 day suspension. If the most severe DUI charge against you was a 3802(a)(2), which alleges that your blood alcohol level was less than a .10%, then you would not have any license suspension.

    Regardless of what the judge says, the clerk of courts completes a DL-21 form that is sent to PennDOT to facilitate the suspension. PennDOT is not privy to what the judge told you and does not actively investigate your case. Instead, PennDOT bases its suspension upon the DL-21 form that is received. If the form is not completed properly, then PennDOT may not impose the appropriate suspension. If the error harmed you, then we contact the court, have the DL-21 fixed, and PennDOT fixes the problem. Attorney Jones was directly on point when he stated that PennDOT is solely responsible for imposing the suspension, and they will not contact the court to make sure that they did it right. The court will also not follow up with PennDOT. If the error is in your favor, as it is here, you let sleeping dogs lie and do not discuss the issue with anyone. What PennDOT and the court doesn't know won't hurt you.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA
    (814) 954-7622

    See question 
  • I got a DUI in upstate NY (.13). I'm wondering what will happen to my PA license? This is my first offense and I have no record

    There was no accident or injury and I was extremely cooperative . What I've researched about the interstate compact says PA does not recognize the first DUI in another state . We're appealing for a reduction in NY but does anyone know what the c...

    Jason’s Answer

    With regard to the suspension of PA driving privileges, check out 75 Pa.C.S. 3804(e)(2)(iv), which provides that PennDOT treats out-of-state DUIs that are substantially similar as a PA DUI as if the person had been convicted of 3802(a)(2). This means that a person with no "prior offense" of DUI, meaning a DUI conviction within 10 years of the date of the offensive conduct on the new DUI, would NOT have a suspension. If you have a "prior offense" of DUI, then a 3802(a)(2) conviction would result in a 1 year suspension. The summary Q & A that you posted is in accordance with 3804(e).

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

    See question 
  • Can I get a public urination citation expunged?

    Hello, I'm a 19 year old student attending Penn State University. A couple weekends ago I had too much to drink and while I was in an apartment building, I decided to urinate in the stairwell and in the laundry room and it was all documented on vi...

    Jason’s Answer

    Only Underage Drinking charges, in violation of 18 Pa.C.S. 6308, are eligible for expungement when you turn 21. Other summary offenses, like Disorderly Conduct or the Public Urination ordinance violation, can be expunged if you remain free of arrest and prosecution for 5 years.

    While you believe that the case is a dead loser, I recommend contacting a defense attorney to see if any agreement can be reached with the arresting officer, which is probably Officer White from the State College Police Department. If an agreement is reached that results in the dismissal of the charge, the dismissed charged can then be expunged from your record.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

    See question 
  • Pa Underage drinking license suspension

    I got an underage while at a house drinking and now my license is going to be suspended for 90 days, I'm paying the fine each week and this is my first offense for anything, is there a reason why I could appeal the license suspension I drive all t...

    Jason’s Answer

    If you are paying a fine, it sounds as if you pleaded guilty to the Underage Drinking charge, which would also explain why your license is being suspended for 90 days. If so, filing a license suspension appeal would not help you at all. An appeal is handled by PennDOT, and PennDOT does NOT plea bargain or negotiate. If you pleaded guilty or were convicted of Underage, the 90 day suspension is mandatory, so you have no chance of winning a license suspension appeal. I have even seen judges apologize to people because they need their license to drive to work, but the judge also informs the person that the judge doesn't have a choice because the suspension is mandatory.

    You can and should consider applying for an Occupation Limited License. Such a license may allow you to drive to/from work, school, and school-related activities. As a first time Underage offender, you are generally eligible AS LONG AS you do not have other disqualifying factors. I discuss the OLL in a little more detail on the FAQ page on my website at the link listed below. The OLL application and related info is found on the PennDOT website at http://www.dmv.state.pa.us/pdotforms/dl_forms/dl-15.pdf.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

    See question 
  • Do I have a case?

    The cops showed up to my on campus dorm room while I was not there. My roommate called me and I came. They had already confiscated paraphernalia and a small amount of marijuana from my roommate. I arrived and was told that the officer would sta...

    Jason’s Answer

    Depending upon where the marijuana was found on your side of the room, you may have an argument that the police/DA cannot prove constructive possession. A key factor that you must consider is also whether or not you have been in trouble before. If you are a first time offender, the Centre County DA has certain rules that must be followed in order to be considered for admission in the first time offender program. If you were a first time offender and eligible for ARD, I would only recommend that you fight the case and thereby give up ARD if you have a very very strong case to win. If you are a repeat offender and thereby not eligible for ARD, then you have nothing to lose by fighting the case.

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

    See question