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.

Permalink to Top 6 Causes for Wrongful Convictions (Part 6) — Eye Witness Misidentification

Top 6 Causes for Wrongful Convictions (Part 6) — Eye Witness Misidentification

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 […]

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Permalink to Top 6 Causes for Wrongful Convictions (Part 5) — False Confessions

Top 6 Causes for Wrongful Convictions (Part 5) — False Confessions

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 […]

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Permalink to Top 6 Causes for Wrongful Convictions (Part 4) — Police and Prosecutorial Misconduct

Top 6 Causes for Wrongful Convictions (Part 4) — Police and Prosecutorial Misconduct

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. […]

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Permalink to Top 6 Causes for Wrongful Convictions (Part 3) — Bad Forensics

Top 6 Causes for Wrongful Convictions (Part 3) — Bad Forensics

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 […]

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Permalink to Top 6 Causes for Wrongful Convictions (Part 2) — Bad Lawyers

Top 6 Causes for Wrongful Convictions (Part 2) — Bad Lawyers

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 […]

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Permalink to Top 6 Causes for Wrongful Convictions (Part 1) — Snitches

Top 6 Causes for Wrongful Convictions (Part 1) — Snitches

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 […]

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Permalink to DRIVING THROUGH THE DUI PROCESS  Part 6 of 6: The Trial

DRIVING THROUGH THE DUI PROCESS Part 6 of 6: The Trial

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 […]

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Permalink to DRIVING THROUGH THE DUI PROCESS  Part 5 of 6: Omnibus Pretrial Motion

DRIVING THROUGH THE DUI PROCESS Part 5 of 6: Omnibus Pretrial Motion

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 […]

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Permalink to POLICE WITH ELECTRONIC DEBIT CARD READERS —- MORE CONTROL FOR PATROL?

POLICE WITH ELECTRONIC DEBIT CARD READERS —- MORE CONTROL FOR PATROL?

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 […]

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Permalink to DRIVING THROUGH THE DUI PROCESS  Part 4 of 6: The Discovery Phase

DRIVING THROUGH THE DUI PROCESS Part 4 of 6: The Discovery Phase

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 […]

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