Justin James McShane

The McShane Firm, LLC

10+ Years of Experience

Attorney McShane is a trial attorney who specializes in using forensic science in defending citizens amongst us who have been accused of a crime by the Government. He is nationally known and well regarded for being a skilled and fierce litigator, but is also well known for his strong understanding and in-depth knowledge in all forms of forensic science. He earned the American Chemical Society-Chemistry and the Law Division (ACS-CHAL) designation as Forensic Lawyer Scientist (The first attorney in the United States to be designated as such). He has earned Board Certification both in DUI Defense Law by the National College for DUI Defense (NCDD) (the first and only Pennsylvania Lawyer to do so and also was the youngest person in the United States ever to be so certified) and as a Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

He has also earned certification in Forensic Sobriety Assessment, the first attorney to do so in the nation. He is a Sustaining Member, and was the State Delegate National Coordinator with the NCDD. He is the 2012 NCDD Dean’s Award recipient. He received the 2012 Pennsylvania Association for Drunk Driving Defense Attorneys (PADDDA) Outstanding Achievement Award. He is a charter member of DUI Defense Lawyers Association (DUIDLA). He was the Founding Treasurer of the Board of Trustees for the DUI Defense Lawyers Association Justice Foundation (DUIDLAJF). He was named to the faculty of the Indiana University Center for Studies of Law in Action Borkenstein Drug Course in 2014 until 2019. He has been accepted as a non-retained expert witness in federal court (the Middle District of Pennsylvania) as an expert in DUI investigation and defense as well as in the Standardized Field Sobriety Tests and chemical testing.

Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
DUI & DWI

Fees
  • Free Consultation
    Free 120 minute consultation with one of our expert DUI attorneys
  • Credit Cards Accepted
    We Gladly Accept Discover, Visa, MasterCard, and American Express
Pennsylvania
Since 2001
Placeholder image for jurisdictions.
Languages

  • English:
    Spoken, Written

Chairman/CEO
The McShane Firm, LLC
2003 –

Current

Assistant Attorney
County of Dauphin
2001 –

2003

Certified Legal Intern conducting trials
County of Dauphin
1999 –

2001

Dickinson School of Law
J.D. (2001) | Law

2001

Placeholder image for education.
Franklin & Marshall College
B.A. | Government and International Affairs

1998

Placeholder image for education.
University of Limerick Law Department
Semester Abroad | Law

1997

Placeholder image for education.
Georgetown Preparatory School
High School

1994

Placeholder image for education.
Avvo Rating 10.0
Avvo
2020
Pennsylvania Super Lawyers
Super Lawyers
2020
Avvo Rating 10.0
Avvo
2019
SuperLawyer in Criminal Defense/DUI
SuperLawyer
2019
Pennsylvania Super Lawyers
Super Lawyers
2019

Avvo Rating 10.0
Avvo
2018
Self-Defense: Theory and Practice
Kembativz’s Brand
2018
Kembativz Pistol
Kembativ’s Brand
2018
Tactical Emergency Casualty Care
Harrisburg Community College
2018
Pennsylvania Super Lawyers
Super Lawyers
2018
Avvo Rating 10.0
Avvo
2017
AV rated attorney by Martindale-Hubble
Martindale
2017
Pennsylvania Super Lawyers
Super Lawyers
2017
The National Trial Lawyers Top 100 List
The National Trial Lawyers
2016
Super Lawyer in Criminal Defense/DUI
Super Lawyers
2016
Named to NCDD Faculty
National College for DUI Defense
2016
(2013-2016)
Avvo Rating 10.0
Avvo
2016
Super Lawyer
Super Lawyers Magazine
2015
Avvo Rating 10.0
Avvo
2015
Super Lawyer
Super Lawyers Magazine
2014
State Delegate National Coordinator
National College for DUI Defense
2014
Avvo Rating 10.0
Avvo
2014
Avvo Rating 10.0
Avvo
2013
Lawyers on the Fast Track
The Legal Intelligencer
2013
Forensic Drug Analysis Course
American Chemical Society
2013
Super Lawyer
Super Lawyers Magazine
2013
Rising Star in Criminal Defense: DUI
Super Lawyers
2012
10.0 rated attorney
Avvo
2012
Dean’s Award
National College for DUI Defense
2012
NCDD Winter Session
National College for DUI Defense
2012
Outstanding Achievement Award
Pennsylvania Association for Drunk Driving Defense Attorneys
2012
Certificate of Recognition for Services Rendered in the Supreme Court of the United States victory of Bullcoming v. New Mexico
National College for DUI Defense
2011
AV rated attorney
Martindale-Hubble
2011
Rising Star in Criminal Defense: DUI
Super Lawyers
2011
10.0 rated attorney
Avvo
2011
Official Proclamation in recognition for volunteerism in teaching “countless” Texas lawyers and other lawyers about science and trial advocacy
Texas Criminal Defense Lawyers Association
2011
Region 3 Regional Coordinator
National College for DUI Defense
2010
(2010-2013)
10.0 rated attorney
Avvo
2010
Certification as Board Certified in DUI Defense Law-the first and only Pennsylvania Attorney so certified
National College for DUI Defense
2010
Earned Certification as Board Certified in DUI Defense Law, National College for DUI Defense (March 19, 2010 officially conferred at the NCDD Summer Session held at the Harvard School of Law-the first and only Pennsylvania Attorney so certified)
10.0 rated attorney
Avvo
2009

American Academy of Forensic Science (AAFS)-Jurisprudence Section

Member
Current
Placeholder image for professional associations.
National Shooting Sports Foundation

Individual Supporter
2016 –
Current
Placeholder image for professional associations.
National Shooting Sports Foundation

&nbsp# 103422

Individual Supporter
2016 –
Current
Placeholder image for professional associations.
National Rifle Association

&nbsp# 214778856

Life Member
2015 –
Current
Placeholder image for professional associations.
National Rifle Association Member

&nbsp# 214778856

Life Member
2015 –
Current
Placeholder image for professional associations.

DUI Defense Lawyers Association (DUIDLA)

Charter Member
2014 –
Current
Placeholder image for professional associations.
The National Trial Lawyers

Member
2013 –
Current
Placeholder image for professional associations.
Advisory Committee for the Evaluation of Controlled Substance Analogs (ACECSA)

Voting Member
2013 –
Current
Placeholder image for professional associations.
The National College for DUI Defense

Sustaining Member
2013 –
Current
Placeholder image for professional associations.
American Chemical Society, Chemistry and the Law Division

Co-chairman of the Forensic Science section
2011 –
Current
Placeholder image for professional associations.
Society for Analytical Chemists of Pittsburgh

Lifetime Member
2010 –
Current
Placeholder image for professional associations.
American Association for Clinical Chemistry

Member
2010 –
Current
Placeholder image for professional associations.
Association of Analytical Communities

Member
2010 –
Current
Placeholder image for professional associations.
American College of Forensic Examiners International

Member
2010 –
Current
Placeholder image for professional associations.
American Institute of Chemists

Fellow
2010 –
Current
Placeholder image for professional associations.
American Society for Testing and Materials

Member
2010 –
Current
Placeholder image for professional associations.
Chromatography Forum of Delaware Valley

Member
2010 –
Current
Placeholder image for professional associations.
Minnesota Society for Criminal Justice Source Code Coalition

Member
2010 –
Current
Placeholder image for professional associations.
American Society for Quality (ASQ): Measurement Quality and Statistics

&nbsp# 64116307

Member
2010 –
Current
Placeholder image for professional associations.
National Conference of Standards Laboratories International

Member
2010 –
Current
Placeholder image for professional associations.
National Fire Protection Association

Member
2010 –
Current
Placeholder image for professional associations.
Texas Criminal Defense Lawyers Association

Member
2010 –
Current
Placeholder image for professional associations.
Pennsylvania Association for Drunk Driving Defense Attorneys (PADDDA)

Founding Member/President
2010 –
Current
Placeholder image for professional associations.
Pennsylvania Innocence Project

Founding Member
2009 –
Current
Placeholder image for professional associations.
National Organization for the Reform of Marijuana Law (NORML)

Member
2009 –
Current
Placeholder image for professional associations.
Central PA Local Section of the American Chemical Society

Member
2009 –
Current
Placeholder image for professional associations.
American Chemical Society (ACS) Analytical Chemistry Division, Chemical Toxicology Division, Chemistry & the Law Division

Member
2009 –
Current
Placeholder image for professional associations.
National College for DUI Defense

State Delegate/ Super Delegate for District 3/ Sustaining Member
2005 –
Current
Placeholder image for professional associations.
National Association of Criminal Defense Lawyers

Member
2003 –
Current
Placeholder image for professional associations.
American Trial Lawyer Association

Member
2003 –
Current
Placeholder image for professional associations.
American Association for Justice

Member
2003 –
Current
Placeholder image for professional associations.
Federal Bar Association

Member
2003 –
Current
Placeholder image for professional associations.
Pennsylvania Bar Association

Member
2001 –
Current
Placeholder image for professional associations.
Pennsylvania Association of Criminal Defense Lawyers, Rising Stars Section

Co-chair of Rising Stars (Young Lawyers) Division
2001 –
Current
Placeholder image for professional associations.
Pennsylvania Association of Criminal Defense Lawyers

Member
2001 –
Current
Placeholder image for professional associations.
Dauphin County Bar Association

Member
2001 –
Current
Placeholder image for professional associations.
American Bar Association

Member
2001 –
Current
Placeholder image for professional associations.
DUI Defense Lawyers Association Justice Foundation

Trustee
2014 –
2016
Placeholder image for professional associations.
National College for DUI Defense

State Delegate National Coordinator
2014 –
2014
Placeholder image for professional associations.

Articles & Publications
Pennsylvania Gun Law: Armed and Educated Stanley Marie, LLC
McShane, Justin J. and Giaramita, Michael, Pennsylvania Gun Law: Armed and Educated Stanley Marie, LLC (US Law Shield, Houston, TX 2016)
2016
Abstract: The Validity of Enzymatic Assay for Blood Al-cohol Content (BAC) Determinations
The American Academy of Forensic Sciences
2015
Abstract: The Constitutionality of the Cold Case CODIS Hit and an Offender not on Probation or Parole
The American Academy of Forensic Sciences
2014
Basic Introduction to Gas Chromatography
A Thomson-West
2014
CHAL Abstract: Linear Dynamic Range Challenges in Forensics
The American Chemical Society
2014

Guilty until Proven Innocent: Best Practices for Cal-ibration of Pipettes
A Thomson-West
2014
Inside the Minds: Understanding DUI Scientific Evidence
A Thomson-West
2014
JustIn Science: Why the Number Doesn’t Tell the Whole Story
NCDD
2014
The Lack of Legal and Forensic Suitability of En-zymatic Assay for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers
A Thomson-West
2014
Synthetic Drug Prosecution & Defense
The Voice for the Defense
October, 2014
PBTs for Drugs: Oral Fluid Collection Devices
The Voice for the Defense
April, 2014
How does a GC-MS Machine Know that There’s a Drug in the Blood?
February, 2014
Abstract: EPA, GLP, and USP vs. Forensic Science: Where is the Commutability? Why Are There no Standardized Methods Across All of Forensic Science?
The American Academy of Forensic Sciences
2013
Abstract: Scientific Workshop #14: Melendez-Diaz, Bullcoming, and Williams: Scientific Evidence and the Right to Confrontation
The American Academy of Forensic Sciences
2013
CHAL 26 Abstract: Traditional landscape of measurement science in the courtroom: Qualitative measurement uncertainty, the myth of infinite precision and total accuracy
The American Chemical Society
2013
The Always Get the Data! The Fukushima of Forensics: Annie Dookhan
The Tennessee Association of Criminal Defense Lawyer’s
2013
Abstract: State Crime Laboratories — Open or Closed to Criminal Defense Attorneys?
2012
CHAL 13 Abstract: State of forensic science in America today: Is it scientific at all? Is there a path forward?
The American Chemical Society
2012
CHAL 26 Abstract: Burning the Accused at the Stake? Is arson/explosive investigations scientific or modern day witchcraft?
The American Chemical Society.
2012
Chapter 1: The Science of Search and Seizure in DUI Defense
A Thompson Reuters business
2012
Chapter 3: Applied Epistemology or Subconsciously Bending the Truth: The Human Frailties of the Mind that Manifest in Bias of the Officer at the Roadside. The Drug Recognition Expert Program Serves as a Case Study for an Epistemology-Based Defense
A Thompson Reuters business
2012
Chapter 4: Consciousness of Guilt or Reasonable Confusion: How Applied Epistemology Can Negate the Burden Shifting Game in a DUI Refusal Case
A Thompson Reuters business
2012
Chapter 4: Navigating the Complexities of a DUI Vehicular Homicide Defense
A Thompson Reuters business
2012
Chapter 5: How to write an Expert Report
A Thompson Reuters business
2012
Chapter 6: The Inabailty to Quantify BrAC measures
A Thompson Reuters business
2012
Chapter 7: A Scientific Examination of the Validity of Evidentiary Breath Testing as Applied to DUI Prosecution in the United States Today
A Thompson Reuters business
2012
Considering Justice Alito’s Williams Plurality and What, If Anything, It Means
2012
How to Obtain Scientific Data (Discovery) Through the Court: How Does a Criminal Defense Lawyer Confront an Expert Witness
2012
Why I Don’t Stipulate to Forensic Test Results
2012
Electro-Chemical Based Portable Breath Testing: A Potentially Dangerous Non-Specific and Non-Selective Measure at Roadside
September, 2012
A Post-Bullcoming World: Does Justice Sotomayor’s Concurrence Undermine The Majority Opinion?
2011
Abstract E 23: Limitations of the Assay: Gastroesophageal Reflux and BrAC Measurements
2011
CHAL Abstract: Call for meaningful validation of the Drug Recognition “Expert” protocol in driving under the influence of drugs prosecution
The American Chemical Society
2011
Chapter 3: The Top Ten Points in Establishing a Viable and Scientifically Based GER/GERD Defense to Evidentiary Breath Testing Cases
A Thompson Reuters business
2011
Chapter 57: ISO 17025
A Thompson Reuters business
2011
Chapter 6: Headspace Gas Chromatography with Flame Ionization Detector: What It Is and How to Cross-Examine an Expert on It
A Thompson Reuters business
2011
Comprehensive Blood Discovery and the Reasons For It
James Publishing
2011
Glossary of Important Analytical Chemistry Terms
2011
Glossary of Important Analytical Chemistry Terms in Paul Burglin, Barry Simons and Ed Kuwach, ed., California Drunk Driving Law
Costa Mesa, CA: James Publishing
2011
Iconoclastic Thinking: Smashing the Paradigm of Effective Cross-Examination of Opposing Party Expert Witnesses. How Being Nice, Acting Like A Curious 5-Year Old, and Using the Social Convention of the Dating Ritual to Win
2011
Keeping Accuracy/Calibration Records Out
2011
Am I Going to Lose My License?
CDSD Publishing
2010
CHAL Abstract: The Lack of Legal and Forensic Suitability of Enzymatic Assaying for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers: Enzymatic assaying-The Indirect Measurement that is Non-specific to Ethanol that is Being Misapplied
The American Chemical Society
2010
Chapter 6: The Changing Face of DUI Practice: A Time to Think Ahead
A Thompson Reuters business
2010
Driving After Imbibing Manual-The Authoritative Guide to Defending Motorists Accused of Alcohol/Drug Impaired Driving In Pennsylvania
CDSD Publishing
2010
Pennsylvania Vehicle Code and the ‘New’ Driving After Imbibing Law
2010
Preliminary Hearing: A Primer for the Inexperienced
CDSD Publishing
2010
Traffic Law Practices in Pennsylvania
Lorman Education Services
2006

Websites & Blogs

Website
Website
Blog
Pennsylvania DUI Blog
Blog
The Truth About Forensic Science
Blog
Pennsylvania Law Abiding Gun Owner

The McShane Firm, LLC
Unit 2

Unit 2

3601 Vartan Way
Unit 2
Harrisburg, PA 17110
US
Telephone: (717) 657-3900
Fax: (717) 657-2060
Monday: 8 AM – 4:30 PM
Tuesday: 8 AM – 4:30 PM
Wednesday: 8 AM – 4:30 PM
Thursday: 8 AM – 4:30 PM (Today)
Friday: 8 AM – 4:30 PM
Saturday: Closed
Sunday: Closed