Manchester and Associates

Pennsylvania Criminal & DUI Defense

Criminal Defense

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Why Is A Bail Hearing Required?

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 condition you could owe the Court the amount of money that the Court set as the unsecured amount.  Thus the Court is saying as long as you show up to court and do not violate any conditions we are good, however if you violate then we will come after you for the money.

Monetary bail: here the Court will not release you until after you post the amount of money that the Court sets.  This can be posted either through a bail bondsman or through your own funds.  In addition you could use property as collateral for the Court such as your house.

Some Courts mostly Federal, but some State Courts require what is called a Nebbia Hearing before anyone can post bail for you.  This is also called a bail source hearing.  The Courts request this hearing because they want you or whoever is posting your bail to prove that the funds in which you are using to post the bail are from legitimate sources and not the proceeds of illegal activity.  The most frequent type of case in which these hearing are mandated is in drug related cases.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with a crime 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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Drug Crimes In Pennsylvania and How We Know Defend Them the Right Way

Types of Drug Cases We Defend

For 18 years I have been representing people accused of various drug crimes in Pennsylvania to include the following:

  • Drug Possession/Possession of Controlled Substances (Actual Possession, Constructive Possession)
  • Drug Production
  • Drug Trafficking/Operating as a Drug Trafficker
  • Marijuana Cultivation/Growing Marijuana
  • Possession of Drug Paraphernalia (Bongs, Pipes, Drug Equipment)
  • Possession with Intent to Distribute/Deliver (PWID)
  • Prescription Fraud
  • Selling Drugs to Minors
  • Synthetic Opioids (Alph-PVP, Bath salts, cathinones)
  • Synthetic Marijuana (K2, Spice)
  • Methamphetamine Manufacturing

My firm has experience investigating alleged crimes involving many types of narcotics and controlled substances, ranging from commonly charged substances like cocaine and marijuana (pot, weed, cannabis) to less frequently prosecuted substances such as peyote, DMT, khat, ecstacy.

We understand the unique sentencing laws and drug diversion programs that apply to each substance and use our nuanced understanding of Pennsylvania’s drug laws to fight for outcomes that are favorable to our clients.

In Pennsylvania controlled substances are categorized by schedules. Below is a list of the five different schedules and some of the drugs listed under those schedules that our clients frequently are charges with:

Schedule Controlled Substances 1 through 5

Schedule I Controlled Substances

    • Ecstasy (MDMA)
    • GHB
    • Heroin
    • LSD (Acid)
    • Marijuana
    • Peyote
    • Psilocybin Mushrooms
  • Schedule II Controlled Substances
    • Adderall
    • Cocaine
    • Fentanyl
    • Methamphetamine
    • OxyContin
    • PCP Charges (Angel Dust)
    • Vicodin
  • Schedule III Controlled Substances
    • Ketamine
    • Steroids
  • Schedule IV Controlled Substances
    • Ambien
    • Valium
    • Xanax
  • Schedule V Controlled Substances
    • Cough Syrup
Penalties for Drug Offenses

The penalties for drug charges depend on factors like what type of substance is involved, the quantity of the substance involved, and the nature of the alleged offense. Some drug crimes are graded as misdemeanors, while others are prosecuted as high-level felonies carrying years or decades of prison time.

Other penalties that can result from a drug-related conviction include probation, loss of your driver’s license, and the creation of a criminal record, which can cause problems when you are applying for jobs, loans, student programs, training programs, or housing.

Most Lawyers Focus on Entrapment – But We Focus on Test Results

Most lawyers focus on how the government came into possession of the drug evidence (search and seizure) or if the defendant was entrapped. Often times the evidence can’t be suppressed, so generally that leaves only plea negotiations and no ability to fight the charges. However, there is another defense that few lawyers ever explore let alone know how to do and that is to attack the test results.

The testing of drugs is a complex affair and there are many different methods of doing so. Some of the methods are gas chromatography, mass spectroscopy, thin-layer chromatography, and many more.

These methods generate a lot of data, in which you can find many ways to challenge the test results.

Because Manchester & Associates regularly obtains this data and looks into the test results, we’ve obtained many favorable results for our clients when all other defenses were not even available to them.

Free Strategy Session Available

If you or are a loved one are facing drug related charges, it’s important to call Manchester & Associates immediately for a Free Strategy Session.

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How Criminal Convictions Affect Social Security Benefits

Can Felons Receive Social Security? Yes, But With Exceptions

The general rule is that a person who is convicted of a felony can still receive Social Security benefits once they are released. However, like every rule, there are exceptions. A felony conviction will deem you ineligible to receive Social Security Disability Benefits if:

  • Your disability was caused by your felonious act
  • Your disability was made worse by your felonious act
  • Your disability arose while you were imprisoned for committing a felony
  • You were convicted of treason, sabotage, or a similar crime
You Can’t Receive Survivors’ Benefits by Killing a Spouse or Parent

In addition, if you became a widow or orphan by killing your spouse or parent, you are ineligible to receive Social Security survivors’ benefits. In sum, just because you were convicted of a felony in the past, does not mean that you are ineligible to receive Social Security benefits. Rather, you simply must meet the general criterion for qualifying. For social security, this means you are either 65 or older, or blind, or have a qualifying disability, or have little to no income or financial resources.

Social Security Unavailable for Felons Currently in Prison

As for felons who are currently imprisoned, Social Security benefits are not available. The rationale behind this rule is while imprisoned, the person’s food, shelter, and medicine are being paid for already.

Those that received Social Security Disability benefits prior to becoming imprisoned will have their benefits suspended during imprisonment, but benefits will be reinstated 30 days after they are released. Please note if you are in jail for part of a month you lose that month’s benefits.

Say you were sentenced to 45 days and the sentence starts on June 29. You lose benefits for June, July, and August. So, the sentence and timing are very important.

No Need To Re-File for Disability Benefits if Suspended for Less than a Year

A person does not need to file a new disability application if their benefits have been suspended for less than one year. However, if they were imprisoned for more than one year, a new disability application is required.

You Can Apply While In Prison

A convicted felon serving time is prison may be able to apply for benefits while still imprisoned if the penal institution has a pre-release application procedure. If not, they must wait until they are released to apply for Social Security benefits.

If you or someone you know has questions about how criminal convictions may affect one’s ability to receive Social Security benefits, Brian Manchester has been practicing criminal law for 18 years, and can be contacted at 1-800-243-4878. 

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Pennsylvania is Fighting to Change Statute of Limitations Laws

Sex Crimes Statue of Limitations – You Only Have So Much Time To Report It

The purpose of a statute of limitations is to ensure claims are brought within a certain time period. It does not matter how legitimate the charge is, or how clear the evidence is…if the statute of limitations has expired, the claim cannot be brought. Clock representing the time of statute of limitations.

For example, Pennsylvania’s statute of limitations for trespass is 2 years. If you filmed your neighbor trespassing on your property, made a DVD of the video, but waited 2 years and 1 day to bring the claim, the claim will be barred by the statute of limitations even though you have caught your neighbor red-handed.

The current issue in Pennsylvania right now pertains to sex crimes. Right now, the statute of limitations in Pennsylvania permits victims of child sex abuse to come forward with criminal allegations until they are 50 years old. As for civil claims, the alleged victim must bring the claim before they are 30 years old.

PA State Politicians Proposing New Laws For Victims of Sex Abuse

In lieu of a report published by Attorney General Josh Shapiro, which found 301 priests committed sexual abuse against children in the past, politicians in Pennsylvania are proposing to add a two-year window for victims of previous sex abuse. This window would allow alleged victims to file claims retroactively, regardless of their current age, or how long ago the sexual abuse occurred.

Right now, only 2 of the 301 priests identified have been charged, given the current statute of limitations has expired in all other cases.

Opposition to New Laws

The Pennsylvania Catholic Conference opposes any attempt to modify the current laws regarding the current statute of limitations. The reason being is thousands of Pennsylvania residents have claimed they were sexually assaulted by Catholic priests while they were children.

Thus, if Pennsylvania modified the current law to allow those alleged victims to come forward with sexual assault allegations, the Pennsylvania Catholic Conference would be forced to defend themselves against countless sexual assault allegations.

Some politicians that agree the current statute of limitations should not be modified reason that most of the sex crimes were committed several years ago, and the Catholic Church has since instituted reforms to prevent any further sexual abuse.

New Laws May Allow Frivolous Sex Abuse Accusations

In addition, the window would allow claims to be brought regardless of when they were committed. Those who oppose the window say this is problematic, given it is very difficult to defend claims from the 1940s or 50s, and the majority of priests who committed the crimes are dead. Nevertheless, the modern trend seen in other States is to abolish statutes of limitations for the criminal prosecution of crimes related to child sex abuse.

If you or someone you know has questions about statutes of limitations in Pennsylvania, Brian Manchester has extensive training in criminal defense and has been practicing criminal law for 18 years, and can be contacted at 1-800-243-4878.

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Loss of Child Custody

A Criminal Conviction Can Cause Loss Of Child Custody

Unfortunately, it is true. A criminal conviction can be used against you in a custody dispute. There is even a statute that covers this. Below is that statute.

  • 5329.  Consideration of criminal conviction.

(a)  Offenses.–Where a party seeks any form of custody, the court shall consider whether that party or member of that party’s household has been convicted of or has pleaded guilty or no contest to any of the offenses in this section or an offense in another jurisdiction substantially equivalent to any of the offenses in this section. The court shall consider such conduct and determine that the party does not pose a threat of harm to the child before making any order of custody to that party when considering the following offenses:

18 Pa.C.S. Ch. 25 (relating to criminal homicide).

18 Pa.C.S. § 2702 (relating to aggravated assault).

18 Pa.C.S. § 2706 (relating to terroristic threats).

18 Pa.C.S. § 2709.1 (relating to stalking).

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 2902 (relating to unlawful restraint).

18 Pa.C.S. § 2903 (relating to false imprisonment).

18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

18 Pa.C.S. § 3126 (relating to indecent assault).

18 Pa.C.S. § 3127 (relating to indecent exposure).

18 Pa.C.S. § 3129 (relating to sexual intercourse with animal).

18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders).

18 Pa.C.S. § 3301 (relating to arson and related offenses).

18 Pa.C.S. § 4302 (relating to incest).

18 Pa.C.S. § 4303 (relating to concealing death of child).

18 Pa.C.S. § 4304 (relating to endangering welfare of children).

18 Pa.C.S. § 4305 (relating to dealing in infant children).

18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses).

18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances).

18 Pa.C.S. § 6301 (relating to corruption of minors).

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

Section 6114 (relating to contempt for violation of order or agreement).

The former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance).

75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs).

Section 13(a)(1) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, to the extent that it prohibits the manufacture, sale or delivery, holding, offering for sale or possession of any controlled substance or other drug or device.

(b)  Parent convicted of murder.–No court shall award custody, partial custody or supervised physical custody to a parent who has been convicted of murder under 18 Pa.C.S. § 2502(a) (relating to murder) of the other parent of the child who is the subject of the order unless the child is of suitable age and consents to the order.

(b.1)  Parent convicted of certain sexual offenses.–

(1)  Notwithstanding any provision of this chapter to the contrary and subject to paragraph (2), if a parent who is a victim of any of the offenses set forth in this paragraph objects, no court shall award any type of custody set forth in section 5323 (relating to award of custody) to the other parent of a child conceived as a result of any of the following offenses for which the other parent has been convicted:

18 Pa.C.S. § 3121.

18 Pa.C.S. § 3122.1.

18 Pa.C.S. § 3124.1, where the offense involved sexual intercourse.

18 Pa.C.S. § 3124.2 (relating to institutional sexual assault), where the offense involved sexual intercourse.

18 Pa.C.S. § 4302.

(2)  A court may award any type of custody set forth in section 5323 to a parent who has been convicted of an offense under paragraph (1) if:

(i)  the parent who is a victim had an opportunity to address the court;

(ii)  the child is of suitable age and consents to the custody order; and

(iii)  the court determines the award is in the best interest of the child.

(3)  Paternity of the child shall be established by voluntary acknowledgment of paternity or blood, genetic or other paternity testing acceptable to the court. The cost of the testing shall be borne by the parent who was convicted of the offense.

(c)  Initial evaluation.–At the initial in-person contact with the court, the judge, conference officer or other appointed individual shall perform an initial evaluation to determine whether the party or household member who committed an offense under subsection (a) poses a threat to the child and whether counseling is necessary. The initial evaluation shall not be conducted by a mental health professional. After the initial evaluation, the court may order further evaluation or counseling by a mental health professional if the court determines it is necessary.

(d)  Counseling.–

(1)  Where the court determines under subsection (c) that counseling is necessary, it shall appoint a qualified professional specializing in treatment relating to the particular offense to provide counseling to the offending individual.

(2)  Counseling may include a program of treatment or individual therapy designed to rehabilitate the offending individual which addresses, but is not limited to, issues regarding physical and sexual abuse, the psychology of the offender and the effects of the offense on the victim.

(e)  Subsequent evaluation.–

(1)  At any time during or subsequent to the counseling under subsection (d), the court may require another evaluation to determine whether further counseling is necessary.

(2)  If the court awards custody to a party who committed an offense under subsection (a) or who shares a household with an individual who committed an offense under subsection (a), the court may require subsequent evaluations on the rehabilitation of the offending individual and the well-being of the child subsequent to the order. If, upon review of a subsequent evaluation, the court determines that the offending individual poses a threat of physical, emotional or psychological harm to the child, the court may schedule a hearing to modify the custody order.

(f)  Costs.–The court may order a party to pay all or part of the costs of the counseling and evaluations under this section.

(Apr. 12, 2012, P.L.241, No.32, eff. 60 days; Oct. 1, 2015, P.L.172, No.40, eff. 60 days; May 4, 2018, P.L.112, No.21, eff. 60 days)

 

2018 Amendment.  Act 21 amended subsec. (a) intro. par.

2015 Amendment.  Act 40 added subsec. (b.1). Section 3 of Act 40 provided that subsec. (b.1) shall apply to any action regarding custody of a child under Chapter 43 or 53 that is filed on or after the effective date of section 3.

2012 Amendment.  Act 32 amended subsec. (c).

Cross References.  Section 5329 is referred to in section 5330 of this title; section 1904 of Title 42 (Judiciary and Judicial Procedure).

 

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.The possibility of a criminal conviction is bad enough but the loss of your children is a serious and life altering consequence all by itself.  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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Juvenile Justice System – Part 2: Child Delinquent Acts

This week we will discuss what to expect if your child is alleged to have committed a delinquent act.

The first issue you may encounter is if your child is detained.  A child may be placed in detention, prior to a formal adjudication of delinquency, where the detention is required “to protect the person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because he has no parent, guardian or custodian or other person able to provide supervision and care for him and return him to the court when required or an order for his detention…. has been made by the court…”[1]

In essence a child may be detained prior to a finding of delinquency when the child is a danger to himself or others, where the child may run away from home, or where there is not a suitable adult to supervise the child while the delinquency process proceeds.  If a child is detained the court must hold a detention hearing within 72 hours to determine if the detention is proper and whether the detention should continue.[2]  During the detention hearing, the court will also determine if there is probable cause to believe that the child committed a delinquent act.[3]

In some jurisdiction this hearing may be held before a “master” rather than before a juvenile court Judge.  A “master” is an attorney who is assigned to hear certain matters in lieu of a Judge.[4]  A party may object to a matter being heard by a master and request a hearing before a Judge.[5]  However, that may delay the proceedings.  At the conclusion of the detention hearing, the court may order that the detention continue pending an adjudication hearing or may release the child to the custody of a parent or guardian pending the adjudication hearing.

The next step in the process is an adjudication hearing.  The timing for scheduling an adjudication hearing depends on whether the child is detained.  If the child is detained an adjudication hearing is to be scheduled within 10 days of the filing of the petition.  If the child is not detained the adjudication hearing is to be scheduled within a reasonable time.[6]  As a practical matter, most courts attempt to schedule an adjudication hearing as soon as possible regardless of whether the child is detained or not.  Counsel for either side may request a continuance if they are not ready to proceed to a full adjudication hearing on the scheduled date.  At the adjudication hearing the burden is on the Commonwealth to prove to the court, beyond a reasonable doubt, that the child committed a delinquent act and that the child is in need of treatment, supervision, or rehabilitation.[7]  A child may elect to forgo a full adjudication hearing and enter an admission to all or some of the allegations.[8]    Following an adjudication hearing or an admission, the court will enter an order formally finding the child to be delinquent or not delinquent.

If the child is found delinquent the next step in the process is a dispositional hearing. [9]  The purpose of this hearing is to determine how to provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community.[10]  In order to aid the court in fashioning an appropriate order the court may order a social case study to be prepared or may order the child to undergo a health, psychological, psychiatric, drug and alcohol, or any other examination it deems appropriate to aid the court. [11]  A dispositional hearing is to be held within 20 days of the finding of delinquency if the child is detained.  If the child is not detained the dispositional hearing is to be held within 60 days of the finding of delinquency.[12]

Next week I will discuss the possible dispositions that a child may face if they have been adjudicated delinquent.

*Information contained in this blog does not constitute legal advice and does not create an attorney client relationship.  You should always obtain counsel to address the specific circumstances in your case.

 

[1] 42 Pa.C.S.A. § 6325

[2] Pa.R.J.C.P. 240

[3] 42 Pa.C.S.A. § 6332

[4] 42 Pa.C.S.A. § 6305

[5] 42 Pa.C.S.A. § 6305

[6] Pa.R.J.C.P. 404

[7] In the Interest of N.C., 171 A.3d 275 (Pa.Super. 2017)

[8] Pa.R.J.C.P. 407

[9] Pa.R.J.C.P. 512

[10] 42 Pa.C.S.A. § 6352

[11] Pa.R.J.C.P. 513

[12] Pa.R.J.C.P. 510

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The Juvenile Justice System – Part 1

Pennsylvania Juvenile Justice Concept & Terms

The juvenile justice system in Pennsylvania is focused more on the rehabilitative needs of the juvenile than on punishment for the offense.  Because of this difference from “adult” court, the words used in the juvenile system may not be familiar to those who watch Law and Order and see trials with defendants.  This week I will be explaining the different terms that are used in the juvenile justice system.  In the following weeks I will be explaining the different processes that are used in the juvenile justice system and the possible outcomes in the system.

The first thing to know are the terms that are used in the system and what they mean:

  1. a “juvenile” is a person who is between 10 and 21 years old.[1]
  2. A “delinquent act” is any act that would be a crime if committed by an adult. [2] However certain offenses, if committed by someone at least 15 years of age, do not fall under this definition and may be filed in “adult” court.  In those cases, the juvenile would be treated the same an any other adult who was charged with those offense.
  3. A “written allegation” is a document filed by law enforcement alleging that a juvenile has committed a delinquent act. [3]
  4. A “Petition” is a document filed by the Commonwealth or a juvenile probation officer which alleges that a juvenile is “delinquent”[4]
  5. A “delinquent child” is juvenile who had been found to have committed a delinquent act AND is in need of treatment, supervision or rehabilitation.[5]
  6. An “adjudication hearing” is a proceeding where the Court determines if a delinquent act has been committed and whether the juvenile is in need of treatment, supervision, or rehabilitation. [6]  A juvenile is not entitled to a jury in these proceedings and will always appear before a Judge sitting without a jury.
  7. A “disposition hearing” is a proceeding in which the court issues its final decisions in the case.[7] Possible dispositions include supervision by the probation department and placement in treatment facilities.
  8. A “detention facility” is a facility which is approved by the Court to temporarily detain a juvenile.[8]
  9. If a Juvenile is “detained” a hearing, generally referred to as a detention hearing, must be held by the Court within 72 hours to determine if the detention is proper and whether the detention should continue.[9]

Next week I will discuss the process that occurs if your child is alleged to have committed a delinquent act.

*Information contained in this blog does not constitute legal advice and does not create an attorney client relationship.  You should always obtain counsel to address the specific circumstances in your case.

[1]  Pa.R.J.C.P. No. 120

[2] 42 Pa.C.S.A. § 6302

[3] Pa.R.J.C.P. No.120

[4] Pa.R.J.C.P. No.120

[5] 42 Pa.C.S.A. § 6302

[6] Pa.R.J.C.P. No. 401

[7] Pa.R.J.C.P. 120

[8] Pa.R.J.C.P. 120

[9] Pa.R.J.C.P. 240

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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