Can I Lose My Professional License If I Am Convicted Of A Crime In Pennsylvania?

August 15, 2017By Brian Manchester

The short answer YES. If the crime you are charged with in Pennsylvania is a drug related crime then 35 Pa. C.S.A. 780-123 gives several powers to professional licenses administrative bodies over those individuals who hold a professional license in Pennsylvania when it comes to being charged with drug related charges. These bodies can revoke or suspend your Pennsylvania professional license upon proof that the licensee is drug dependent. If you plead guilty or nolo contendere (no contest) or are convicted of a felony under the drug statutes of Pennsylvania after a trial severe sanctions can be imposed. Because the statute says drug dependent this can include alcohol as well. That means if you have a Driving Under the Influence (DUI) conviction in Pennsylvania, you can face disciplinary ...

Posted in: Professional License

How Would A Drug Offense Affect My Professional License In Pennsylvania?

August 15, 2017By Brian Manchester

Pennsylvania statute 35 Pa. C.S.A. 780-123 gives several powers your Professional licenses administrative bodies over those individuals who hold a professional license in Pennsylvania. These bodies can revoke or suspend your Pennsylvania professional license upon proof that the licensee is drug dependent on the use of any controlled substance, if you plead guilty or nolo contendere (no contest) or are convicted of a felony under the drug statutes of Pennsylvania. However, before any such revocation or suspension, there must be a reasonable notice and hearing/opportunity to be heard where the accused can be represented by counsel. Below I have compiled a list of professions and how drug offenses can affect their licenses. Chiropractor: Your license will be refused or revoked for any f...

Posted in: Professional License

Will I Be Eligible For Medical Marijuana In Pennsylvania?

August 15, 2017By Brian Manchester

Initial grower/provider licenses have been issued so far. Medical Marijuana is anticipated to be available sometime in 2018. Pennsylvania has established sixteen different conditions/categories plus the "severe and chronic" pain catch-all category in which will qualify for the use of medical marijuana. The list is as follows: Amyotrophic Lateral Sclerosis Autism Cancer Crohn’s Disease Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity Epilepsy Glaucoma HIV (Human Immunodeficiency Virus) / AIDS (Acquired Immune Deficiency Syndrome) Huntington’s Disease Inflammatory Bowel Syndrome Intractable Seizures Multiple Sclerosis Neuropathies Parkinson’s Disease Post-traumatic Stress D...

Posted in: Medical Marijuana

I am not eligible for an expungement can I get a pardon in Pennsylvania?

August 9, 2017By Brian Manchester

If you plead guilty or were convicted of an offense that is not eligible for a limited expungement the only other way to remove the offense from your Pennsylvania criminal background is through the pardon process. This process is very long and there is a significant waiting period to even be heard for the pardon. Not everyone will be able to receive a pardon as there are multiple steps that an individual must go through. If you fail just one step along the way it could mean a denial of the pardon. Even if you have successfully completed the pardon process by getting the board of pardons to recommend a pardon, it does not mean that the Governor of Pennsylvania will grant the pardon. The first thing you have to do is submit an application for the pardon. This application is provided at th...

Posted in: Criminal Defense Blog

Who really loses when Courthouses are not working properly?

August 9, 2017By Brian Manchester

The latest incident relating to Courthouse dysfunction is in Clearfield County. Several news articles have been written about the situation going on there between the Judges and the Prothonotary; both of these offices are elected by the people. There are several different offices inside a Courthouse. Some are elected and others are hired by the County Judges. Those that are elected do not answer to the County Judges or the County Commissioners, they only answer to you the public during an election. First I want to touch on what each office is and what they do. Prothonotary; they are the keepers of records. They accept filings with the Court and manage the Court files. In smaller counties they handle both civil and criminal cases for the Court. This is an elected office. Clerk of C...

Posted in: Criminal Defense Blog

Civil Asset Forfeiture Defenses and ways to fight back

August 9, 2017By Brian Manchester

Civil Asset Forfeiture is one of the major ways in which Pennsylvania use the police to legally take possession of your cars, cash, jewelry, or even houses. You are likely reading this because your cash or property was taken by the police in Pennsylvania. You are also saying to yourself you have done nothing wrong. Well that probably is true but if your cash or property has been seized that means the government says you have done something wrong. Even if you have not been charged. The government likes to say you have done something wrong so they can use the law to intimidate you using the law and their resources to keep your property. That is wrong and that is why my law firm fights civil asset forfeitures using the full force of the law. Read below and you will see how specific legal defe...

Posted in: Civil Forfeitures

States Across The US Are Cracking Down On Distracted Driving Including Texting While Driving?

July 24, 2017By Brian Manchester

Washington State has a new law going into effect later this month targeting distracted driving. This new law not only does not allow the use of a cell phone or any handheld electronic device but also does not allow many other forms of distractions such as eating, drinking, and smoking. This is an extreme change in the law that would allow the police to pull you over if they believe you were doing something that could have been distracting you from operating your vehicle safely. Pennsylvania has not gone this far with its ban on texting while driving, but that does not mean that a law like this will not make its way to Pennsylvania in the future. Pennsylvania’s current law is as follows: No driver shall operate a motor vehicle on a highway or trafficway in this Commonwealth while us...

Posted in: Crimes

I Have Been Charged With A Crime In Pennsylvania And Been Scheduled For A Preliminary Hearing What Is Going To Happen?

July 24, 2017By Brian Manchester

If you or someone you know has been charged with a criminal offense in Pennsylvania that is a misdemeanor or felony you will be scheduled for a Preliminary Hearing. This is the first step in the criminal justice system in Pennsylvania. Depending on the crimes charged you may have already been through a Preliminary Arraignment; if not this will be part of your Preliminary hearing. Everyone who has been charged with a misdemeanor or felony in the state of Pennsylvania will have some type of bail set against them to ensure their cooperation with the criminal justice system. Bail will be set at your Preliminary Arraignment, this may have been done at the time in which you were arrested. The preliminary hearing is the first time that you have the opportunity to challenge the evidence in whic...

Posted in: Court Procedure

Will My Charges In Pennsylvania Affect My Gun Rights?

July 17, 2017By Brian Manchester

Many different convictions in Pennsylvania will affect your ability to purchase, own, and possess firearms. Most people when they are facing criminal charges are worried about the immediate consequences such as how much is this going to cost me, how long will I have to go to jail, or how long will I be on supervision. Not everyone thinks about the secondary effects of a criminal conviction such a will this conviction affect my immigration status, does this conviction have a license suspension, or will this conviction affect my right to purchase, own, or possess firearms. These secondary consequences are called collateral consequences and not every attorney will be aware of them or know how your particular case will be affected by them. If you are a hunter, gun collector, or even just en...

Posted in: Gun Law

Reckless Endangerment Of Another Person Charges In Pennsylvania

July 17, 2017By Brian Manchester

What Is Recklessly Endangering Another Person? Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? This is a Misdemeanor of the 2nd degree which can carry a jail sentence of up to 2 years and a fine up to $5000. This charge is also commonly referred to as REAP. A person commits this offense when: They engage in reckless conduct that places or may place another person in danger of death or serious bodily injury. Conduct is deemed reckless when the person consciously ignores a great and unjustifiable risk that what he or she is doing will cause another person to be seriously injured. Under this statute, serious bodily injury includes an injury that causes or could cause a long-term loss in the function of a body part, or that w...

Posted in: Crimes

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