Why Is The Court Requiring A Hearing On Bail?

December 4, 2017By Brian Manchester

Bail hearing can be scheduled by either party, either by the Commonwealth or by the Defendant. Most of the time a bail here is requested by the Commonwealth because they are either asking to have the bail increased or to have the bail revoked for some alleged violation of the bail conditions. A Defendant can ask for a bail hearing to either reduce the amount of bail set, to change the type of bail set, or to remove a condition of bail. The most common types of bail are: ROR (released on your own recognizance): here you do not have to post any funds or property the Court is relying on your word that you are going to show up for Court when scheduled to do so in the future. Unsecured bail: here the Court is releasing you without having to post any bail, however if you violate a bail ...

Posted in: Bail Criminal Defense Blog

Theft By Deception In Pennsylvania

November 13, 2017By Brian Manchester

Have you or someone you know been charged with Theft by Deception in Pennsylvania? The charge of Theft by Deception in Pennsylvania can have very serious consequences that can include up to ten years in prison and thousands in fines. In Pennsylvania, theft by deception is an extension of the basic theft statute: the unlawful taking of the property of another with the intent to permanently deprive the owner of it. Theft by deception expands that definition and adds to it that the defendant intentionally obtained or withheld property of another by deception. A defendant may be found guilty of theft by deception is he or she: Creates or reinforces a false impression as to the “law, value, intention or state of mind.” Prevents the person from who items were stolen from acquiring...

Posted in: Crimes

Science In Pennsylvania State And Federal Courts

November 13, 2017By Brian Manchester

Here at Manchester and Associates we take a multi-layer approach to every case that we handle. In addition to the traditional legal approach by looking at the given facts and comparing them to the laws we look deeper into the actual science involved in every case; from DUI testing, to Drug testing, to crime scene recreations, and forensic computer analysis, just to name a few areas. Science plays a key in how we view a case and advise our clients. The Courts have their process to look at how science is involved in the legal field but this process is problematic to say the least. Our US Supreme Court Justice has stated that Lawyers and Judges often do not have the background to correctly assess data, scientific research, or technology. This is true most Lawyers and Judges have no idea wh...

Posted in: Scientific Defenses

News Articles That Could Affect Laws In Pennsylvania

November 13, 2017By Brian Manchester

Recently there have been several different news articles dealing with rights and privileges across the US that can have an affect right here in Pennsylvania. The American Bar Association is working with members of Congress on creating a bill to help people in Civil Asset Forfeiture cases. See my other blogs are these types of case where the Government is able to legally steal your cars, money, and even houses and businesses. This new legislation will make it harder for the government to take these items by requiring higher levels of proof from the preponderance of the evidence to clear and convincing evidence. In addition to making the government only take the property if they have probable cause, provide written notice to the property owner, and present clear evidence that the items se...

Posted in: News Article

Being Charged With Rape In Pennsylvania

November 13, 2017By Brian Manchester

Have you or someone you know been charged with Rape in Pennsylvania? The charge of Rape in Pennsylvania can have very serious consequences that can include up to twenty years in prison and thousands in fines just for a single charge. Not to mention the collateral consequences of just being charged or the registry consequences that you could also be facing. In Pennsylvania, rape is defined as a person engaging in sexual intercourse with a complainant by forcible compulsion. The complainant can be either a male or female. Under Pennsylvania law, it is rape when: By forcible compulsion. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution. Who is unconscious or where the person knows that the complainant is unaware that the sexual i...

Posted in: Crimes

Possession Of Khat In Pennsylvania

October 23, 2017By Brian Manchester

Have you or someone you know been charged with Possession of Khat in Pennsylvania? The charge of Possession of Khat in Pennsylvania can have very serious consequences that can include up to seven years in prison and thousands in fines. At minimum you could face up to one year in jail even as a first offender because Khat has been classified as a schedule 1 substance. If the Court determines that you planned on committing possession with intent to deliver this increases the penalties greatly. In Pennsylvania, it is illegal to knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under the Drug act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a...

Posted in: Crimes Criminal Defense Blog

Felony Strangulation And Simple Assault Charges Dropped

October 19, 2017By Brian Manchester

The felony charges against 47-year-old Steven M. Willits of Bellefonte were dropped after he entered a guilty plea to harassment. Willits was facing felony and misdemeanor charges from December 2016, after an alleged altercation. However, the judge now ordered him to pay a fine along with court costs. On September 18, Willits pleaded guilty to one summary count of harassment and was ordered to pay a fine of $50, along with $1,004 as restitution and other court costs. Earlier in January this year, Willits was charged with felony strangulation after reports of an altercation. The criminal complaint filed by state police at Rockview stated that a trooper was dispatched to the 500 block of Valley View Road in Benner Township at about 4 p.m. The female resident at the scene repor...

Posted in: Assault Criminal Defense Blog Felony or Misdemeanor Charges

Possession Of Heroin In Pennsylvania

October 16, 2017By Brian Manchester

Have you or someone you know been charged with Possession of Heroin in Pennsylvania? The charge of Possession of Heroin in Pennsylvania can have very serious consequences that can include up to three years in prison and thousands in fines. At minimum you face up to one year in jail. In Pennsylvania, it is illegal to knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under the Drug act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner, or except as otherwise authorized by this act. Any person who violates any of this statute for the first time shall be guilty of a misdemeanor. On convictio...

Posted in: Criminal Defense Blog Drugs

Acquiring A Controlled Substance By Fraud In Pennsylvania

October 16, 2017By Brian Manchester

Have you or someone you know been charged with Acquiring a Controlled Substance by Fraud in Pennsylvania? The charge of Acquiring a Controlled Substance by Fraud in Pennsylvania can have very serious consequences that can include up to fifteen years in prison and thousands in fines. At minimum you face up to one year in jail. In Pennsylvania, it is illegal to use a fake or forged prescription to obtain, or try to obtain prescriptions from a pharmacy. The acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is the crime under the drug statutes. The severity of the offense is determined by the prescription drug that was obtained depending on the drugs schedule level determined by the Department of Health. Schedul...

Posted in: Crimes Criminal Defense Blog

Criminal Use Of Communication Facility In Pennsylvania

September 25, 2017By Brian Manchester

Have you or someone you know been charged with having a Criminal use of Communication Facility in Pennsylvania? The charge of Criminal use of Communication Facility in Pennsylvania can have very serious consequences that can include up to seven years in prison and thousands in fines just for a single charge. This offense is related to any felony connected to drug activity. It is not illegal to use a Communication Facility which is any private or public instrument for the transmission of writing, signals, sounds, data, or the like, of any nature. Basically, any device used to communicate in any form to another person. What is illegal is using these devices to further any type of drug activity. This offense can also be charged multiple times. The statute allows for the police and Distr...

Posted in: Crimes Criminal Defense Blog

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Why Is The Court Requiring A Hearing On Bail? DUI Charges Harassment and Assault Charges