The McShane Firm, LLC - Law Offices : DUI/Criminal

DUI/Criminal

Below is a conversation with Attorney Justin J. McShane, Esquire in which he answers questions commonly asked by his clients. . .

Q: Do you fight for your clients?

A: If you want a go-along-to-get-along defense attorney, then don't retain me. If you want someone who is going to charge you a ridiculous sum of money and not even have a preliminary hearing or at least get some of the charges dropped, then don't retain me. If you want someone who is afraid to go to trial and fight, then go elsewhere. The only way I know how to practice law is to be professionally aggressive in the representation of your DUI, criminal or traffic matter. I don't promise results, but I do promise satisfaction in my representation. Unlike most defense attorneys, I have never, not once, prosecuted a single person. Why would you want someone who was on the other side? Pick someone who has always been on your side. I treat every case with the same care and attention to detail no matter the grading of the crime. I treat a speeding ticket with the same intensity as I do a triple homicide capital murder case. Why? Because I know that the case is the most important event in your life at the time and carries with it the most grave of consequences for you.
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Q: What hours can I set up an appointment?

A: Just call me at 1-866-MCSHANE. I can set up early morning appointments, after work and even weekend appointments. Over the phone immediate phone conferences are available upon demand regardless of the hour.
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Q: Do you accept time payments?

A: Yes, I do under certain circumstances. I do accept checks and all major credit cards as well as debit cards, checks by phone, credit cards by phone, debit cards by phone, Western Union wire transfers, checks over the internet, debit cards over the internet and credit cards over the internet.
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Q: What sort of experience do you have?

A: I am a graduate of the Pennsylvania State University Dickinson School of Law. All I have ever practiced is DUI and criminal law. I practiced for three and a half years as a Public Defender in Dauphin County. I have literally represented thousands of clients in every stage of the criminal process. I have tried several high profile cases and negotiated several others to a mutually acceptable resolution. I have represented clients on small cases to capital homicide (i.e. death penalty). I have represented seven homicide cases including the Middletown Christmas Eve Triple Homicide case. I was an attorney of record in a capital homicide case in Dauphin County that went to trial. I have tried many jury trials. I have argued successfully before the Superior Court and have argued before the Pennsylvania Supreme Court. I have handled several federal drug cases. I am admitted to the United States District Court-Middle District, the Third Circuit Court of Appeals and the United States Supreme Court.
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Q: What do I do if I am arrested or my friend or family member is?

A: Call 1-866-MCSHANE right away. It's toll free. There is a 24-hour answering service. We are available 24 hours a day and standing by right now no matter what the hour to immediately respond to your crises. I will work with you to obtain bail through appearing before the Judge for preliminary arraignment and help in organizing the posting of property, cash percentage or a bail bondsman. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you or your friend or family member.
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Q: What do I do if I am arrested and released for a Driving Under the Influence charge?

A: Call 1-866-MCSHANE right away. It's toll free. Don't panic. There are many options. You need me to examine and possibly challenge:

the reasonable and articulable suspicion for the vehicle stop
the questioning of you at the roadside or afterwards
the Pre-Arrest Breath Test
the Standard Field Sobriety Tests
the probable cause for the arrest
the result itself [In the case of a Breath test, to challenge the maintainance, the calibration and the use of the Intoxilizer 5000 or BAC Datamaster and to otherwise argue against the admission of the result into evidence; or in the case of a Blood Test, to look for possible 4th Amendment violations in the officer's or trooper's securing of your blood sample and to challenge the collection and subsequent analysis of the blood specimen; or in the case of a "Refusal" to support your basis for refusing]
the possible PennDOT suspension of your license

Q: What do I do if I am charged with a crime by way of summons (i.e., through the mail)?

A: You should call 1-866-MCSHANE (toll free) right away. If you are charged with any offense in the traffic or crimes code or in the Drug Device and Cosmetics Act (i.e., drug offenses), you cannot represent yourself effectively before a Magisterial District Judge or in the Court of Common Pleas due to a lack of knowledge. The law is very complicated and unintended consequences can result if you act in haste and without counsel. For example, upon conviction of any sort of possessory drug offense, no matter the amount or the type (so even residue in a pipe) in Pennsylvania will result in an automatic driver's license suspension. Did you know that? Can you name the section or the section title in the Vehicle Code that a speeding ticket can be amended so that not only no points are assessed to your driver's license, but also it is not automatic reported to your insurance company? Those are just very small examples of how a very small matter can turn into a very large mistake. If you don't know everything there is to know about your offense and the collateral consequences, you need me. Can you name the traffic code sections that upon a plea or finding of guilt result in the automatic loss of license? If you don't, you need me. Do you know what ARD stands for and for what crimes that is appropriate? If you don't, you need me.
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Q: Why is it important to have an attorney at a preliminary hearing when all I want to do is go to trial?

A: You should call 1-866-MCSHANE (toll free) right away. A preliminary hearing is where a lot of charge bargaining (i.e., reduction or amendment or the withdrawal of charges occurs). While a preliminary hearing is technically about whether or not the Commonwealth can meet its burden of prima facia before a Magisterial District Judge, in practice, the true purpose of this hearing is three fold. First, present the case in such a way that all, or some, of the charges are dismissed because there is a lack of competent evidence (i.e., they just don't have enough) to sustain the Commonwealth's burden. Second, it 'locks' the testifying witnesses into their stories so that if they change their stories later on, they can be impeached with their prior inconsistent statement (i.e., call them a liar). Third, it establishes and develops potential suppression issues or allows you to explore, in a limited manner, the type and quality of evidence against you. Therefore, it is important to have an attorney present at your preliminary hearing to achieve those goals. If you simply go in and waive your right to a hearing with no benefit, then you have just made it easier for them to convict you. Even if you feel that you are guilty, an attorney can still get some sort of benefit for you for giving up your right to a preliminary hearing. You don't want to go to jail or lose your driver's license, right? So, why help them potentially put you in jail or lose your driver's license?
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Q: What should I do, if the police or government agency contacts me and wants to set up an interview concerning some matter?

A: STOP RIGHT THERE. You should call 1-866-MCSHANE (toll free) right away. The Police or government agency isn't calling to give you a great Christmas present or to wish you a Happy Birthday. They are calling or contacting you because they either think you have information that they want and will do anything that they can to get it or believe that you are some how involved with or in fact violated the law. Don't be fooled by their claims to the contrary. They will flat out not tell you the truth and will do anything to get you to "come voluntarily down to the station". However, the larger question is once you come down, will you be coming out? Even the most seemly innocent thing such as admitting to knowing someone or even saying that you can't remember the exact place you were on some night three years, eight weeks and two days ago can put you into the jackpot or jackpots. There are many things that I can do to protect your rights and to insure that you do not give them a statement that will ultimately connect you to or convict you of some crime. Usually, in this type of scenario, the agency or police department is looking at you as a possible target of a criminal investigation. It has been my near universal experience that even people, who 'have nothing to hide,' always talk themselves into trouble. I have never met someone who successfully talked his or her way out of trouble. The bottom line is that 'If you don't squawk, you might walk.' It's the Commonwealth's burden to prove you guilty beyond a reasonable doubt, not yours to prove yourself innocent. Before they even want to talk to you, they have made up their mind as to whether or not to charge you. They just want to see if you are dumb enough to hang yourself with your own words and therefore solve the case for them. Again, nine times out of ten, at this stage of the investigation, they have already made the decision as to whether or not to charge you with a crime. Do not give them any more ammunition than that what they already have. If you did nothing or know nothing saying that to them will not make them go away. But learning that they may have a fight on their hands because you have the best attorney may.
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Q: What should I do if I am subpoenaed by a Grand Jury?

A: You should call 1-866-MCSHANE (toll free) right away. You may be a target of an investigation or even possibly a tangentially connected conspirator in a crime. Unless you are in federal court, in the state of Pennsylvania, the Grand Jury only has investigative and subpoena powers. It cannot indict or charge. Therefore, although it is true that a District Attorney of a particular county cannot convene a grand jury to charge someone with a crime, any statements that you make can and will be used against you in further proceedings.
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PROUD MEMBERS OF

The American Bar Association

The Federal Bar Association

The National College for DUI Defense

The Pennsylvania Bar Association

Association of Trial Lawyers of America

The National Association of Criminal Defense Lawyers

The Pennsylvania Association of Criminal Defense Lawyers