Manchester and Associates

Pennsylvania Criminal & DUI Defense

Criminal Cases

Posted: In Criminal Cases

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Atty. Manchester Represents Man Accused of Vehicular Homicide & Involuntary Manslaughter

TYRONE, Pa. — A Centre County man authorities say hit and killed a PennDot worker earlier this year is headed to trial.

“As I’ve said all along, this is just a tragic accident. When they’re talking about speed, all they have is my client’s statement — my client who was just in a serious automobile accident where a man lost his life,” said Brian Manchester, Hu’s defense attorney. “That’s their sole reliance and that’s what the hearing showed. And legally I do not feel that’s enough to go forward with the case.”

Manchester said there were multiple other crashes on that same stretch of roadway that same day. He says he will be filing motions to have the case dismissed before trial.

Prosecutors argue that Pennsylvania vehicle code requires drivers to have control of their vehicle at all times.

Full story: http://wjactv.com/news/local/man-police-say-hit-killed-penndot-worker-headed-to-trial

Posted: In Criminal Cases, DUI

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Bradford County DUI Appeal Victory

In 2013, a client of ours was charged with their 2nd DUI offense, with the prosecution claiming they had a BAC of .147.

The problem, however, is that the blood test results were not reported correctly. Fortunately for our client, we were able to obtain the hospital’s blood testing and sample preparation procedures from another case and were able to prove that the hospital had still been reporting inaccurate results.

Although our client was found guilty of having a BAC of greater than .1, he was found not guilty on driving while impaired. Thus, he was sentenced to 30 days to 6 months in jail, but was given bail due to our pending appeal.

Conviction Overturned

At the appeal, the Superior Court overturned his conviction based on the inaccurate blood test reporting by the hospital. Our client received a complete acquittal.

The Importance of Science in DUI Cases

Cases like these are examples of when understanding the science behind DUI charges can make way for amazing results for our clients. Had Brian Manchester not studied the science behind blood testing and their procedures, it is very likely his client not would have been acquitted of his charges, but have been found guilty on worse charges in the first place.

If you or a loved one are facing DUI charges, contact Attorney Brian Manchester as soon as possible for a Free Strategy Session. We want to help.

Posted: In Criminal Cases, DUI

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Cameron County Second Offense DUI Dismissed

Our client was charged with a second offense DUI in Cameron County. Over the past two years Brian Manchester has exposed the blood test that is done for alcohol in that county does not conform to the law. The law requires that when a less than whole blood sample is tested (plasma or serum) the test results must be converted down to a whole blood equivalent. Brian Manchester exposed this problem in two prior trials in Cameron County. The hospital reports the blood alcohol content as a whole blood test result. So a typical lawyer will just look at the test result and tell his client that he is over the limit and then get the client to plead guilty. Well Mr. Manchester is very familiar with hospital blood tests so he requested the blood testing procedures from this hospital and they showed that serum is actually tested and the results were not converted down to a whole blood equivalent.

When Defendant was charged not only did Mr. Manchester remind the prosecution of this issue he also pointed out that the blood test was likely taken over two hours after Defendant was arrested. The district attorney then dropped the DUI offense and in court tomorrow he will enter a plea to several summary game law violations.

This dismissal came about as a result of knowing how hospitals test blood, the law, and getting the data and not being satisfied with what the police say the blood test results are. If you have been charged with a DUI offense in Cameron County call Manchester and Associates right away.

Posted: In Criminal Cases

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Huntingdon County Manslaughter Case Successfully Settled

Today in Huntingdon County we 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 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 we 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 DA approached us and our client and made an offer that involved some in home detention and probation. After discussing the case with our attorney who was ready to try the case our client decided to accept this plea offer.

The resolution that came about in this case happened because of our attorney preparation and the knowledge by the District Attorney that this law firm was prepared for trial. This case once again showcases our attorney talents as a trial lawyer. If you have been charged with a violent crime such as involuntary manslaughter, homicide, or assault give us a call. Our team at Manchester and Associates will put the same effort into your case as was put into this one.

Posted: In Court Procedure, Criminal Cases, Criminal Defense

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Mistrials & Double Jeopardy

Mistrials and double jeopardy both deal with the concept of trying an individual for the same offense more than once.

Double jeopardy means that a person cannot be prosecuted for the same offense more than once in the same jurisdiction.

The Fifth Amendment embodies the right against double jeopardy. However, in certain circumstances a person can be prosecuted for the same offense in different jurisdictions.

For example, if someone is accused of trafficking controlled substances into Pennsylvania from New York, they can be prosecuted and sentenced at the federal level in both Pennsylvania and New York. Double jeopardy would only protect them from being prosecuted twice in Pennsylvania (or twice in New York or federally).

This right against double jeopardy is bestowed upon a defendant as soon as trial begins.

A jury trial begins when the jury has been selected, while a bench trial starts when the judge directs parties to give opening statements. 

Whenever a jury is chosen for a case, the defendant has a constitutional right to have their trial decided by those specific jurors. To select a new jury causes double jeopardy issues except in particular situations.  

A mistrial is ordered when something happens which fundamentally affects the fairness of the case.

It is an order by the judge terminating the case after trial has started but before reaching a verdict. There are many reasons justifying a mistrial like a hung jury, rules of evidence disclosure violations, and jury tampering. 

In Pennsylvania, either party can request a mistrial but each are limited to specific scenarios.

The defense can request a mistrial whenever something happens that influences the fairness of the trial. Examples include:

  • Misconduct on behalf of the prosecution
  • Improper conduct by jury members
  • Unavailability of a critical witness

The prosecution can request a mistrial whenever misconduct is committed by the defense including:

  • Presenting inadmissible or falsified evidence
  • Improper contact with witness

The judge can also order a mistrial without request by either party when they believe the circumstances warrant one. 

When a mistrial is based on a hung jury or by request of the defense, then the case can be brought in front of a new jury without violating double jeopardy. 

To learn more pertaining to your specific needs, contact our experts.

Posted: In Assault, Criminal Cases, Criminal Defense, Domestic Assault

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Protection From Abuse (PFA) Basics In Pennsylvania

An Invaluable Legal Protection That Is Itself Susceptible To Abuse.

Protection From Abuse (PFA)

A Protection From Abuse (PFA) order can be a great resource to those who are truly being abused.

Unfortunately, PFA orders are often filed maliciously to get back at an ex or cause issues during a custody dispute. 

As the defendant in a PFA, you will lose your right to possess and carry firearms. So if your job involves carrying firearms, it could be at risk. You can be thrown out of your house. Your ability to see your children can be limited. As a result of a PFA, a defendant could face disciplinary action in other areas of their life. College students could be thrown out of school. Licensed professionals could lose their license or, at the very least, their jobs. If you have a government security clearance you can lose that too. These are just a few of the consequences of having the PFA filed against you granted. If you’ve been falsely accused of abuse in a PFA, the allegations must be fought with the same vigor as criminal charges.

The petitioner in a PFA alleges that the defendant committed at least one act of abuse.

In Pennsylvania, an “act of abuse” is:

  • Physical or sexual assault, including attempted
  • Putting them in fear of imminent serious bodily harm
  • Imprisonment
  • Physical or sexual abuse of a minor
  • Harassment or stalking 

Not only will the PFA order defendant to stop all direct and indirect contact, it can also evict the defendant from a shared home, require relinquishing of firearms, and order just about anything else the judge believes is necessary. Although the PFA order is civil, violating that order could result in criminal contempt charges that carry up to 6 months in jail and a $1,000 fine. 

In a criminal case, guilt must be proven beyond a reasonable doubt—basically a 99% chance.

However, a civil case is proven by the preponderance of the evidence—basically a 51% chance. So, it’s harder for the defense to win a civil case than a criminal case. You only have the right to a hearing before a judge, not a jury. To give an example to illustrate the connection between criminal and civil cases, we can look to OJ Simpson. OJ Simpson won the criminal trial because the prosecution was unable to prove his guilt beyond a reasonable doubt. However, he lost the civil wrongful death trial filed by his ex-wife’s family. His family only needed to prove that OJ Simpson killed her by a preponderance of the evidence.

If there is a finding of abuse after a hearing, and the defendant is facing criminal charges, the fact a PFA was granted may be admissible in the criminal case. There are many variables to consider in defending a PFA and each case is unique. Always seek out an experienced law firm if you have been served a PFA. Contact Manchester and Associates to learn more about this.