Category Archives: DUI Innocence Project
Not everyone who is charged with a DUI is guilty. In fact, many of our clients have been acquitted or have had the charges against them dismissed, even in high BAC cases, even with blood tests.
Inspired by the work of The Innocence Project, we think of our work At The McShane Firm as the DUI Innocence Project.
If you are looking for aggressive DUI defense by an attorney who believes in your innocence, call 1-866-MCSHANE.
March 10, 2017 by Justin McShane
Last but definitely not least, the single greatest contributing factor to wrongful convictions is eyewitness identification. A whopping 70% of wrongful convictions, who were later cleared by DNA testing, were due to a mis-identification of the criminal by the eyewitness, who is sometimes even the victim themselves. The table below illustrates this phenomenon. After […]
When it comes to the issue of forcing out a confession, has our criminal justice system evolved much from the days of the Salem Witch Trials, during which about 50 women were coerced into confessing to have performed witchcraft? Or are there still remnants of such methods of forced confessions in existence today? Or what […]
March 1, 2017 by Justin McShane
Welcome to part 4 of this series where we will discuss how people can become wrongfully convicted and sent to prison just because of the misconduct of police and state prosecutors. Sometimes an officer may hold back some evidence found at the scene of the crime. Sometimes forensic evidence is not sent to the lab for testing. […]
February 24, 2017 by Justin McShane
When forensic evidence is presented in the courtroom, there is a general assumption that “if it is scientific, then it must be true.” The reality is much different. Witnesses in white lab coats are much easier to believe than the defendant who has already been stigmatized simply by being charged. Most jurors are inclined to […]
February 22, 2017 by Justin McShane
Honestly, there should be lemon laws against lemon-like lawyers. It happens all too often. Bad lawyering or inadequate counsel accounts for at least 23% of innocent people ending up in prison or even on death row, for crimes they did not commit, according to the Innocence Project. Sloppy defense is a disgrace to an American […]
February 15, 2017 by Justin McShane
The criminal justice system is not infallible. Actually far from it. Innocent people do go to prison as a result of perjury, faulty eyewitness identification and prosecutorial misconduct. It is the ultimate miscarriage of justice — the taking away of the freedom of a factually innocent person while also allowing the guilty person to remain […]
October 24, 2016 by Justin McShane
The day you have been waiting for — the Trial. Understanding the Pennsylvania DUI court procedures can be complex, but with the right attorney, it can be managed to give you a better outcome. In this 6-part big series, we have outlined the legal process. Of course, having an experienced DUI attorney will not only […]
October 19, 2016 by Justin McShane
Have you recently been charged with driving under the influence? If so, you may be confused by the court process, as there are several steps that must be taken before a case actually goes to trial. An experienced DUI defense lawyer can assist you in navigating through the complicated court proceedings. Step 5. Omnibus Pretrial […]
October 14, 2016 by Justin McShane
The debate regarding civil asset forfeitures has risen to a new level with the recent introduction of portable electronic card readers by the Oklahoma Department of Public Safety. The Electronic Recovery and Access to Data (ERAD) machine enables police to scan prepaid debit cards and allows them to seize the money if the officer suspects […]
October 12, 2016 by Justin McShane
Welcome to part 4 of this six-part blog series, “Driving Through the DUI Process,” where we explain the Pennsylvania court process for DUI charges. Today we will explore the discovery phase. Step 4. The Discovery Phase Ironically, the name may depict a scene of a bunch lawyers and judges peering into some mystical crystal ball that holds your […]