Skip to main content
Justin James McShane
Avvo
Pro

Justin McShane’s Legal Cases

76 total


  • Commonwealth v. Paul Kaylor

    Practice Area:
    DUI & DWI
    Date:
    Feb 10, 2009
    Outcome:
    Not Guilty Bench Trial in 2009 (Dauphin County)
    Description:
    Bench trial in 2009 before the Honorable Scott A. Evans of the Dauphin County Court of Common Pleas. Charges were DUI-General Impairment, DUI-High Rate. It was a first offense. Mr. Kaylor was a CDL license holder. After a two day trial using both Anthony Palacios and Dr. Alfred Staubus as defense experts, the Defendant was acquitted of those charges.
  • Commonwealth v. Jones

    Practice Area:
    DUI & DWI
    Date:
    Apr 21, 2004
    Outcome:
    Superior Court affirmed suppression
    Description:
    Attorney McShane successfully argued to substantially change Pennsylvania law with respect to anonymous tipsters and vehicle stops to the benefit of all motorists.
  • Commonwealth v. Justin Chad Tobery

    Practice Area:
    DUI & DWI
    Outcome:
    Aggravated Assault by Vehicle While DUI dismissed
    Description:
    Originally, Mr. Tobery was charged with Aggravated Assault by Vehicle While DUI as well as DUI-High Rate (Blood Alcohol Content between 0.10 and 0.16) and DUI-incapable of safe driving. This is a serious felony of the second degree charge where the other impacted party was grievously injured. After a contested preliminary hearing, use of experts and a hotly contested suppression hearing, the trial court agreed with Attorney McShane that there was no probable cause to arrest Mr. Tobery and the chemical sample of the blood for determining the BAC was improper. As a result, all charges were dismissed. To read the trial court opinion please read the below: <a href="http://www.themcshanefirm.com/file_download/479/2009_04_24_17_04_03.pdf">Trial Court opinion</a>
  • Four Counts including Felony Drug Charges and Trespassing, Found Not Guilty by Jury Trial

    Practice Area:
    Criminal Defense
    Date:
    Feb 13, 2002
    Outcome:
    Not Guilty on all counts
    Description:
    Mr. W. was charged with four counts, including two felonies, relating to drug distribution (sales) and trespassing. Attorney Justin McShane successfully argued before the Jury resulting in a “Not Guilty” verdict on all charges.
  • Criminal Homicide and Criminal Conspiracy dropped by the DA

    Practice Area:
    Violent Crime
    Date:
    Jun 09, 2009
    Outcome:
    Prosecutor dropped charges
    Description:
    Mr. B was arrested in connection with a shooting death in 2008. Attorney Justin McShane secured a voluntary dropping of the case entirely by the DA. This is especially rare in a Criminal Homicide case.
  • Furnishing Alcohol to Minors, Case Dismissed

    Practice Area:
    Criminal Defense
    Outcome:
    Case Dismissed
    Description:
    Mr. C was charged with two misdemeanor counts including furnishing alcohol to minors. After successfully motioning to suppress key evidence and actually litigating it, Attorney Justin McShane won a full dismissal from the court.
  • High Rate DUI Dismissed at Preliminary Hearing

    Practice Area:
    DUI & DWI
    Date:
    Sep 09, 2008
    Outcome:
    Dismissed at Preliminary Hearing
    Description:
    Mr. P was arrested and charged with three counts including DUI of a High Rate (.10 to .16) as well as making an illegal turn. If convicted, Mr. P was facing a possible six month prison sentence and up to $5000 in fines. Attorney McShane won a full dismissal at the preliminary hearing.
  • DUI and Speeding Charges Dismissed

    Practice Area:
    DUI & DWI
    Date:
    Sep 12, 2008
    Outcome:
    DUI and Speeding Charges Dismissed
    Description:
    Mr. M was charged with three counts including DUI with a high BAC (.10-.16) and exceeding the posted speed limit by over 14mph. Attorney McShane successfully defended the case resulting in the Judge dismissing the prosecution's case.
  • Property Theft, Charges Withdrawn

    Practice Area:
    Criminal Defense
    Date:
    May 08, 2009
    Outcome:
    Charges Withdrawn
    Description:
    Ms. M was charged with a single charge of property theft. Attorney McShane challenged the case which resulted in the case being withdrawn.
  • Sexual Misconduct with Minors, Hung Jury, then Prosecution Withdraws its Case

    Practice Area:
    Criminal Defense
    Date:
    Jan 29, 2008
    Outcome:
    Nolle Prossed
    Description:
    Mr. D was charged with four counts of sexual abuse including Indecent Assault on a Minor. Attorney Justin McShane defended the case, the Jury was hung on the first trial and after almost one and a half years of hearings, the prosecution decided to withdraw its case immediately prior to the second trial.