Justin James McShane's Answers

In a capital murder case how much evidence is needed to constitute a guilty verdict when there is no weapons no witnesses

Stating the obvious, the defendant is simply accused of a crime. There is the presumption of innocence and the prosecution at all times has the unshifting burden to prove its case beyond a reasonable doubt. The individual doubts of the jurors may differ. They need not be unanimous as to the reason for the acquittal. Simply the Government failing to have enough competent, verified, credible and true evidence is enough to maintain a not guilty result. The presumption of innocence means that...

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What can happen? Can this be the parole officers fault?

No he does not have to plead to the possession charge. In fact it is probably something that should not be done unless it is the last option. The charge may be able to be reduced or withdrawn depending upon some factors. It is also crucial to know whether or not he is on state probation and parole or if this is county supervision. That factor can have a large impact on the ultimate outcome of the case. The State Board of Probation and Parole uses a "presumptive range" "back hit" that...

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Is misdemeanor shoplifting considered a conviction? (For job app)

If you were found guilty, plead guilty, entered a no contest plea, or "just paid the fine" (which is treated the exact same as pleading or being found guilty), then the answer would be "yes" that you have been convicted of a crime. If, however, the charges were dismissed or you were accepted into the ARD program, successfully completed the ARD program and your record was expunged, then the answer would be "no." If it was just a simple summary offense, then we could apply with the Court of...

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My son "shanked" someone in school today and is being charged with "disorderly conduct." Is this justifiable?

Per the statute (a) Offense defined.--A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he: (1) engages in fighting or threatening, or in violent or tumultuous behavior; (2) makes unreasonable noise; (3) uses obscene language, or makes an obscene gesture; or (4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the...

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If i receive a dui in the state of maryland will it effect my pa license and do i have to notify the state of pa

Short answer: no fear if nothing else but out-of-state first ever conviction **Please see the below for definition of offense and conviction** Non-Commercial Driver’s License holder: 1st offense out-of-state within 10 years and non-CDL=no sanctions 2nd or subsequent offense out-of-state within 10 years and non-CDL=12 m loss of license if reported to PennDOT (but see important notes below) Commercial Driver’s License holder (upon report of out-of-state offense): **Please see the...

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What to do?

The broader question doesn't necessarily evoke the issue of the initial contact, but rather whether or not with the facts presented that there is sufficient probable cause to arrest for a DUI. Probable cause is made up of the totality of the circumstances. The officer needs to have probable cause to arrest based upon the totality of the circumstances. Without sufficient proof driving or being in actual physical control of the vehicle, then there is a large issue in the probable cause to...

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DUI with serious bodily injury

For an Aggravated Assault by Vehicle while DUI, there is no mandatory minimum sentence. It is a Felony of the Second Degree. Homicide by Vehicle while DUi, there is a 3 year mandatory minimum for each offense to be run consecutively. If an Aggravated Assault by Vehicle while DUI is charged, then the Commonwealth must eventually prove beyond a reasonable doubt that the serious bodily injury, (which is defined as as bodily injury which creates a substantial risk of death or which causes...

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Asthma and "refusing" a breathalyzer test.

You need: (1) get an attorney that knows exactly what they are doing and understands the science in detail with respect to infrared breath test spectrometry (2) to go and get a Spirometry test to test the volume and capacity of your lungs (3) based upon the results of #2, file a statutory appeal within the 30 days as required of the mail dating of the notice of license suspension that PennDOT will send to you. You may very well have a very good defense to the "refusal".

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Could there be a warrant 33 years after not showing up for court on a prostitution charge

If you provide a name and what county you think this may be in, then we could like it up. Even if it is present in the system, it is likely that the case cannot be successfully prosecuted as witnesses may have moved, people have retired or passed away and other factors making it impossible to prove the case. Additionally, there is the large issue that the Commonwealth may have in satisfying due diligence requirements of Pennsylvania's Speedy trial requirements as encoded in Pennsylvania Rules...

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How does restitution work

Restitution is generally a sentencing matter. Sometime it can effect the grading or the seriousness of the charges. If the parties meaning the defendant and the Commonwealth do not agree as to the amount, then a restitution hearing is held where the burden of proof is on the Commonwealth to establish the loss, its fair market value worth at the time of the loss and the nexus or the connection to the crime.

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