Manchester and Associates

Pennsylvania Criminal & DUI Defense

Criminal Defense

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

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 the Pennsylvania Board of Pardons website. There is an application fee of $25.00. Once the application is completed you will receive confirmation via a letter from the board. At this point an Agent from the Board will contact you to investigate the possibility of the pardon. You must make yourself available to them for your interview and any information that they require must be submitted to them. They investigate the facts surrounding the crime(s) for which you are requesting a pardon and prepare a report concerning your present personal status. Items that will be looked into are your residence, marital status, employment status, other resources and debts, club memberships, religious affiliation, education, military service, and reputation throughout the community. If you are an inmate the Department of Corrections will create this report. All legal entities involved in the offense will be contacted about the request for a pardon for their impute into the possible granting of the pardon.

Once the report is created it is submitted to the board of pardons who will review the report and if two out of the five members approve you will then be granted a hearing. Otherwise the process is over and you will have to try again after 12 more months have passed or 24 months if you have already received one denial. If you are incarcerated under a life sentence or for a violent crime then three board member must approve for a hearing. If a hearing is granted all parties involved in the original offense will be notified, as will the local newspapers for the general public.

At the Hearing you will have only fifteen minutes to state your case to the board of pardons. These hearings are held in the Supreme Court Courtroom in Harrisburg. Speakers in support and those against will also be permitted to speak at the hearing.

After the hearings the board of pardons will leave the courtroom for a meeting, and then will return to deliver their findings. For your pardon to be forwarded on to the Governor of Pennsylvania you must receive a majority of the board of pardons in favor of the pardon. If you are an inmate on a life or death sentence the result must be unanimous. If not then your pardon is over and you can try again in 12 more months have passed or 24 months if you have already received one denial. If you are found in favor the recommendation for a pardon if forwarded on to the Governor of Pennsylvania

Reconsideration – A request for reconsideration of any decision may be made to the Board. The applicant must show a change in circumstances since the application was filed, or other compelling reasons, sufficient to justify reconsideration. Dissatisfaction with the Board’s decision is not grounds to request reconsideration.

Obviously the best way to prevent any of these issues is to not be convicted at all. Then you will not have to worry about obtaining a pardon.

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.