October 20, 2015

What is LSD and how Manchester and Associates defends against LSD charges in state and Federal Court

By Brian Manchester

LSD is the abbreviation for the chemical compound lysergic acid diethylamide, originally known as LSD-25 and sold under the brand Delysid in the 1940’s through the 1960’s. LSD was synthesized from ergotamine, which is a derivative of ergot, a grain fungus that grows on rye. LSD is usually ingested orally so it is found in many different forms, including blotter paper, sugar cubes or gelatins. This type of evidence is sensitive to light, heat, oxygen and chlorine so it needs to be packaged correctly. LSD is potent in very small amounts (micrograms), so the LSD is only a very small part of the weight of the evidence. The remaining weight is the oral carrier. When one of these items suspected to contain LSD is seized as evidence, it is sent to a crime lab for a forensic drug analysi...

Posted in: LSD Charges

October 18, 2015

Levels of Detention

By Brian Manchester

In an earlier blog I discussed the misconceptions of Maranda warnings and talked about the different levels of police interaction/control. In this article I will discuss these levels in more detail and your rights as a citizen during each level. In Pennsylvania there are three main levels of interactions with police. They are the “mere encounter”, then the “investigative detention”, and finally the “custodial detention”. These levels are extremely important when dealing with search and seizure issues with the 4th Amendment in the US Constitution and PA’s Article 1 section 8 Constitution. These levels offer different rights during each level of interaction and limits on police. Let’s start with the less intrusive and work our way up. Mere Encounter. The police can approach...

Posted in: Miranda Rights

October 16, 2015

Interesting facts about the U.S. and Pennsylvania Constitution

By Brian Manchester

While reading the American Bar Association journal today I came across an interesting article on misconceptions about our US Constitution. This got me thinking about our US Constitution and our PA Constitution and other general misconceptions with the law. The article discussed some general misconceptions like, that fact that most of our rights do not come from the Constitution but from the Bill of Rights which was passed several years after the current US Constitution. The article also touches on the fact that the Bill of Rights actually consisted of seventeen amendments, however only ten of the amendments actually passed to become the Bill of Rights. Additionally the First Amendment was not actually the First Amendment, but ended up being the first because other amendments in front of o...

Posted in: Pennsylvania DUI Laws

October 14, 2015

Your Miranda Rights

By Brian Manchester

While reading the American Bar Association journal today I came across an interesting article on misconceptions about our US Constitution. This got me thinking about our US Constitution and our PA Constitution and other general misconceptions with the law. One of the main misconceptions I hear from clients is that they were never Mirandize when they were arrested. This I am sure comes from the numerous cop television shows and movies were a person is tackled to the ground and the officers immediately state the Miranda Warnings; however even if you are arrested under the law you do not ever have to be Mirandized, as long as you are not being “interrogated” these warnings never have to be given. The main distinction here is the level of control the police are influencing over you and wh...

Posted in: Miranda Rights

October 10, 2015

Defending against Mushroom charges in Pennsylvania and Federal Courts

By Brian Manchester

“Magic mushrooms” is a term used to describe any fungus that is capable of producing hallucinogenic effects. One of the most popular and commonly available of the “magic mushrooms” is Psilocybe Cubensis. There are several varieties within this species living within ecosystems found all over the world. The main psychoactive component in “magic mushrooms” is the pro drug psilocybin. A pro-drug is a compound that is biologically inactive on its own, but it breaks down into an active form. In this case, the active form is psilocin. Psilocin is also present natively in the mushroom, but in very small amounts. When “magic mushrooms” are seized as evidence, they are sent to a crime lab for a forensic drug analysis. This analysis is not identifying the botanical substance Psi...

Posted in: Magic Mushrooms

May 21, 2015

Pennsylvania Non-Vehicular Alcohol Offenses

By Brian Manchester

Non-Vehicular Alcohol Defense Lawyers The Law firm of Manchester & Associates is located in Bellefonte, PA in Central Pennsylvania.  Our centralized location allows us to handle criminal defense cases cases throughout the State of Pennsylvania. At Manchester and Associates we understand that when people find themselves accused or charged with a crime, they have numerous questions about the PA judicial system. We also understand that people can feel stressed or anxious and even depressed when criminal legal situations occur. Our knowledge of the Pennsylvania Criminal Law and real world experience earned from representing thousands of people charged with criminal offenses, will help reduce any anxiety, stress and depression you may experience. We will answer your initial questions...

Posted in: Pennsylvania DUI Laws

May 19, 2014

Not Guilty of Aggravated Assault

By Brian Manchester

On May 15, 2014 Tami Fees received a total not guilty verdict in Centre County. Defendant was charged with Aggravated Assault, Simple Assault, and Reckless Endangerment. Aggravated Assault is a first-degree felony punishable by a maximum of twenty years in state prison. The minimum sentencing range is 4-5.5 years in state prison. Aggravated Assault is one step below murder. After a day long trial and after exposing the weaknesses of the government’s case and the victim’s changing story of what happened the jury completely acquitted Defendant of all charges....

Posted in: Aggravated Assault

May 19, 2014

Union County Synthetic Marijuana Case Successfully Settled

By Brian Manchester

On Thursday attorney Brian Manchester settled a synthetic marijuana case for probation. Defendant owned two stores. One was in Centre County and one was in Union County. The government alleged that Defendant was selling synthetic marijuana, also known as K2, Spice, or fake pot, from his stores in Centre County and Union County. His stores were raided in February and May of 2012. Some of the alleged substances were XLR-11 and UR-144 which the government claimed were analogues of JWH-018. Attorney Brian Manchester assembled a team of top scientists in the field and filed several scientific motions over the past two years. These hearings exposed the position of the government’s scientist. A five day trial was scheduled to begin on June 10, 2014. After the jury was picked Mr. Mancheste...

Posted in: DUI Marijuana

May 19, 2014

Huntingdon County Manslaughter Case Successfully Settled

By Brian Manchester

Today in Huntingdon County Attorney Tami Fees successfully resolved a two year old case. Our client was charged with Involuntary Homicide and Negligent Care of an Elderly Person. A conviction on the latter charge would have guaranteed a lengthy state prison sentence. These charges stem from the death of a woman who unexpectedly walked out in the middle of the night from the nursing home our client owned. From day one Tami Fees and all of the lawyers at Manchester and Associates working as a team fought the charges. After a thorough investigation of the case and a rejection of a plea that would have put our client in jail Tami Fees prepared for and was ready for trial. A jury was picked several weeks ago and this morning was to be the first day of trial. Prior to the beginning of trial the...

Posted in: Manslaughter Case

March 21, 2012

Pennsylvania DUI and Drug Defense

By Brian Manchester

Pennsylvania Vehicular Alcohol ( DUI ) / Controlled Substance Offenses ( Drug ) The Law firm of Manchester & Associates is experienced in Pennsylvania DUI Defense and handles all types cases involving driving under the influence of alcohol or driving under the influence of a controlled substance. We will educate you about PA’s DUI law, explain the judicial process, and review all of the possible consequences. DUI is a serious offense which if convicted will result in the suspension of the driver’s vehicle operating privilege if the driver’s Blood Alcohol Level (BAC) is greater than .10.  Multiple DUI offenders and those driving while operating privileges are suspended for a previous DUI are punished more severely than first time DUI offenders.  A DUI is a Misdemeanor in...

Posted in: Drug Charges