Articles Posted in Crimes

September 7, 2017

Child Pornography In Pennsylvania

By Brian Manchester

Have you or someone you know been charged with Child Pornography in Pennsylvania? The charge of Child Pornography in Pennsylvania can have very serious consequences that can include up to seven years in prison and thousands in fines.

It is possible to mistakenly violate the child pornography laws, because of the internet. For example, if you are downloading/viewing images or a movie and one of the individuals in those images or movie is under age you have violated the child pornography laws. If you are even charged with this offense it will affect everything that you do, as the stigma will permeate every aspect of your life. Let alone what a conviction will do, in addition to the jail and fines, you will be required to register as a sex offender for possibly the rest of your life.

Pennsylvania law makes it a crime to intentionally or knowingly view or possess books, magazines, photos, videos, computer depictions or other materials that depict children under 18 engaging in sexual acts or simulating those acts.

In Pennsylvania, it is illegal to photograph, sell or distribute images of children under 18 engaging in or simulating sex acts to appear in books, magazines, films, computers or other materials.

In Pennsylvania, these types of cases are typically handled by the State Attorney General’s office, instead of the local District Attorney Office.

If you are charged with a child pornography offense, do not talk to the police or prosecutors without an attorney. What you say will be taken out of context and used against you. If the police try to question you, exercise your sixth Amendment and tell them you want a lawyer. Do not consent to any searches of your house, computer, or phones without a proper warrant.

Once you have retained a competent Criminal Defense Attorney they will review all of the allegations being made by the police and prosecutors, including any evidence that they claim to have. In many cases, it will benefit you if a forensic computer expert is obtained to do a detailed analysis of your computer.

It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, e represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.

Posted in: Crimes ,

July 24, 2017

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

By 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 using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive wireless communications device for the purpose of activating or deactivating a voice communication or a telephone call. 75 PACSA § 3316.

The penalty for violating this statute is a fine of $50.00 plus cost.

The Laws in Pennsylvania are stricter on Commercial Vehicle Operators. They not only cannot text while operating a vehicle even if the vehicle is stopped in traffic, they cannot use any handheld cellular device. They must go hands free for everything, or pull off to the side of the road before operating such devices. 75 PACSA § 1621 and 1622.

If you are stopped for using your cell phone the police could use this situation to investigate other crimes such as Driving Under the Influence, Possession of Marijuana or Drugs. If the Police suspect there are drugs in the vehicle they are allowed to search your vehicle. So a simple issue of using your cell phone while driving is not only dangerous, but could led to a full blown search.

It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

Posted in: Crimes ,

July 17, 2017

Reckless Endangerment Of Another Person Charges In Pennsylvania

By 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:

  1. They engage in reckless conduct that places or may place another person in danger of death or serious bodily injury.
  2. 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.
  3. 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 which could cause serious permanent disfigurement.

This type of charge is usually connected with other charges in Pennsylvania such as DUI with an accident, Homicide by Vehicle, Homicide by Vehicle DUI, Simple Assault, Aggravated Assault, Endangering the Welfare of a Child, Child abuse, and other violent scenarios. REAP can even be charged based upon unintentional acts that hurt or endanger others in Pennsylvania. The District Attorney does not have to prove actual harm only that there was the situation in which placed a person in danger of death or serious bodily injury through your reckless actions.

The key to understanding this charge is centered on whether or not what you did was actually reckless. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. Many factors may influence the police in their decision that you were recklessly endangering another person. For example, if the police smell alcohol or find illegal drugs in your car after an accident this may affect whether they consider that your actions were reckless.

I cannot stress enough how important it is to contact an experienced firm right away to help you with these types of charges as you might be trying to “help” the police and accidentally incriminate yourself. Even if you think you are doing the right thing by talking to the police or helping them in some other manner you could be hurting your ability win against these charges and thus be facing the possibility of going to jail.

It is extremely important to contact an experienced law firm right away if you or someone you know is charged with Reckless Endangering Another Person in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

Posted in: Crimes ,

July 17, 2017

Domestic Violence Charges In Pennsylvania

By Brian Manchester

Have you or someone you know been arrested for domestic violence in Pennsylvania? When the charge of Domestic Violence is involved you are dealing with family or significate others where emotions will be running high. You must protect yourself by talking to an experienced law firm because the impact of a charge like this can affect you for the rest of your life. These charges come out of anger, jealousy, or spite during breakup or arguments, sometime as a desire for revenge, whether they are truthful or not. Just being charged with Domestic Violence in Pennsylvania can have drastic consequences for you in the short term and the long term.

Domestic Violence is charged when you are being accused of attacking a spouse or person who have been a spouse, or a person living as a spouse or who lived as a spouse, parent and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

Basically anyone with whom you are in a relationship with or living together with; spouses, former spouses, children, parents and significant others. The possible offense that Domestic Violence is attached to can be harassment, simple assault, aggravated assault, stalking, false imprisonment, sexual assault, or rape to name a few. Once these charges are levied against you the District Attorney’s office will usually go through with the charges regardless if the “victim” tells the Prosecutors that they want the charges dismissed.

When charged with Domestic Violence in Pennsylvania the first thing that will happen is your bail will be set and it will usually include a no contact provision with the “victim”. This more often than not will result in you being kicked out of your house, because you are not allowed to have contact with the victim who is living there. Meaning you will not be able to get the items you need, you will not be able to see your kids, and will have to live in a hotel or out of your car until the bail condition is changed or until the case is resolved in a manner that will allow you to return home.

If you are found guilty of domestic violence in Pennsylvania you can face a possible jail sentence with a lengthy probation sentence to follow, in addition you will lose your right to purchase or own a firearm. You may have to take anger management classes where you will receive counseling, and have to perform community service. These consequences will follow you for the rest of your life.

It is extremely important to contact an experienced law firm right away if you or someone you know is charged with a Crime in Pennsylvania where the police are claiming domestic violence. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

Posted in: Crimes ,

July 17, 2017

Aggravated Assault In Pennsylvania

By Brian Manchester

Have you or someone you know been arrested for Aggravated Assault in Pennsylvania also known as Felony Assault? It is important that you contact an Attorney right away as you are at risk of going to prison for years, with thousands in fines, and other life changing complications that could follow you for the rest of your life. This charge is a Felony and is considered a violent crime that usually involves serious bodily injury, there are different levels of Felony, but all of them include the possibility of going to state prison. District Attorneys and the police aggressively pursue these charges because they are at the felony level, thus it is important that you hire an experienced criminal defense attorney as soon as possible.

Aggravated assault is:

  1. An attempt to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
  2. Or attempt to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
  3. Or attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.

These are the three most serious possible charges of Aggravated Assault in Pennsylvania as they are all graded as Felonies of the First Degree, which means that they are punishable up to 20 years in prison and with fines up to $25,000.

The next set of circumstances that can cause a charge of Aggravated Assault in Pennsylvania are:

  1. Attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty (there is a very long list for this);
  2. Or attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; or attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;
  3. Or attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury;
  4. Or uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;
  5. Or attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older.

These circumstances would result is a grading of a Felony of the second degree in Pennsylvania which means that you would be facing the possibility of going to jail for up to 10 years and face a fine of up to $25,000.

As you can see who you are alleged to have harmed, and how they claim you harmed them, makes a very serious difference in the possible charges. No matter at what level you are charged at you are facing very serious charges that will have a life changing impact on you and your family if you are convicted. I cannot stress enough how important it is to contact an experienced firm right away to help you with these types of charges. You might think you are trying to help by talking to the police but end up accidentally incriminate yourself. Even if you think you are doing the right thing by talking to the police or helping them you could be hurting your ability win these charges and thus be facing the possibility of going to state prison for many years.

It is extremely important to contact an experienced law firm right away if you or someone you know is charged with Aggravated Assault in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

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