Manchester and Associates

Pennsylvania Criminal & DUI Defense

Criminal Defense

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Possession Of Red Phosphorous Or Causing Or Risking A Catastrophe In Pennsylvania

Have you or someone you know been charged with having a Possession of Red Phosphorous or Causing or Risking a Catastrophe in Pennsylvania? The charges associated with Possession of Red Phosphorous or Causing or Risking a Catastrophe 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.

There are different offenses in Pennsylvania under the same statute; all of which are Felonies for Causing or Risking a Catastrophe that can result in, a maximum of 20 years in prison, and thousands of dollars in fines. Possession of Red Phosphorous is a felony punishable up to seven years and a fine of $15,000. The multiple different subsections for the charge of Causing or Risking a Catastrophe and Possession of Red Phosphorous in Pennsylvania they are as follows;

  1. Causing A Catastrophe:
    Is either a felony 1 or a felony 2, which can be punishable up to 20 years in prison and carries a $25,000 fine.The elements are that you causes a catastrophe by some manner fire, water, poison gas, etc. or by other means of causing potentially widespread injury or damage; including the dealing in licenses or permits for transporting hazardous materials. If the actions are done intentionally, knowingly, or recklessly.
  2. Risking A Catastrophe:
    Is a felony 3 with a max punishment of 7 years of incarceration and a $15,000 fine.The elements are that you created a risk of a catastrophe by using fire or explosives or other dangerous means that could have resulted in a fire, explosion, collapsed building, etc.
  3. Possession Of Red Phosphorous:
    Is a felony 3 with a max punishment of 7 years of incarceration and a $15,000 fine.The elements are that you possessed a precursor substance with intent to manufacture a controlled substance. There are multiple substances listed and included in that list is re phosphorous.

As you can see from these two statues to which I have trimmed down, being charged with Causing or Risking a Catastrophe or Possession of Red Phosphorous in Pennsylvania are very serious offenses. The results of a conviction can be felonies which could result in spending decades in prison. If the police arrest you Causing or Risking a Catastrophe or Possession of Red Phosphorous it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk, it is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Causing or Risking a Catastrophe or Possession of Red Phosphorous 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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Science In Pennsylvania State And Federal Courts

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 what the science is behind many different kinds of evidence and take the evidence at face value. This can be very dangerous to the Defendant’s involved in these cases. The Courts and Judges who do not like science typically say well this is how we have always done it. I say to that just because you have done something wrong for decades does not make it right. Bite-mark analysis, microscopic hair comparison, and arson evidence have all been discredited and lack scientific foundation, but people have been convicted and have gone to jail because “experts” testified that this evidence was solid. People have been put to death over bad science, overzealous prosecutors, and “experts” who care more about getting the win then the true science of the evidence. Because of this a lot of junk science has been getting to our Courtrooms. This evidence must be challenged through start and through legal and scientific representation.

Recently a New York Court released the source code for the District Attorney’s office in their DNA analysis process. This type of access to the evidence is exactly what we need to do in the Court systems that will allow for proper criticism of the evidence to make sure that what they are claiming is accurate and true. However this source code is no longer being used by the DA office as it was phased out at the beginning of the year. But it is a start in forcing companies to provide through details in how they are formulating their conclusions and not hiding behind trade secrets. The science behind a piece of evidence can be just as valuable as the law, when being used in the right way.

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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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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Underage DUI

Two Crimes  For The Price Of One

If you are under the age of 21 and consumed alcohol before driving, you knew you were in trouble the moment you got pulled over and may face underage DUI charges. Driving under the influence is illegal in Pennsylvania, but so is underage drinking. What happens when you are accused of both?

Underage DUIs

The first thing you need to know is that any driver under the age of 21 who is arrested for DUI in Pennsylvania is automatically charged under Pennsylvania’s high BC tier. Even if this is your very first offense and even if you only had a minimal amount of alcohol in your system, your punishment is going to be severe.

The minimum penalties at the High Impairment tier include at least two days (and up to 6 months) in jail, a fine of anywhere between $500 and $5,000, and a 12 month license suspension. This means you won’t be driving again for at least a year.

The Consequences Don’t End There

Drivers under the age of 25 – even those with clean records – pay a lot more for car insurance than older drivers do. If you factor in an underage drinking DUI, your insurance rates will skyrocket; that is, if you can even find someone willing to insure you.

Even worse, your DUI conviction will be noted on your permanent, public criminal record, which can be accessed by all future employers, landlords, lenders, neighbors and anyone else with an interest in your past. Having a DUI conviction on your record can even affect your future interactions with college admission departments and could potentially impede your ability to obtain a job in your chosen profession. If you are in college, you can also face disciplinary action from your school.

Hire An Experienced Attorney

If you are facing DUI charges and are underage, you should hire experienced attorney that knows the ins-and-outs of DUI cases, including:

  • How police test for DUI (sobriety tests), and knowledge of how to point out inaccurate police testimonies.
  • Scientific knowledge of blood tests and how faulty they are, with experience using the equipment used in the lab.
  • For university students, you must hire an attorney experienced in student disciplinary proceedings.

If you are looking for an experienced attorney who is experienced in debunking police tests, blood tests, and is familiar with student disciplinary proceedings, call Brian Manchester at any time for a Free Strategy Session so we can get to know you and help you through the charges set against you.

 

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Who really loses when Courthouses are not working properly?

The latest incident relating to Courthouse dysfunction is in Clearfield County. Several news articles have been written about the situation going on there between the Judges and the Prothonotary; both of these offices are elected by the people. There are several different offices inside a Courthouse. Some are elected and others are hired by the County Judges. Those that are elected do not answer to the County Judges or the County Commissioners, they only answer to you the public during an election.

First I want to touch on what each office is and what they do.

Prothonotary; they are the keepers of records. They accept filings with the Court and manage the Court files. In smaller counties they handle both civil and criminal cases for the Court. This is an elected office.

Clerk of Courts; they are also keepers of records, specifically the Criminal records. Most smaller Counties do not have a Clerk of Courts or if they do they work directly with the Prothonotary. Larger Counties have the Clerk of Courts and Prothonotary is completely separated offices, as to completely separate the criminal and civil cases. This is an elected office.

Register of Will/Deeds/Orphans Court; these three may be combined or separated depending on the size of the County. They record wills for probate and estate administration, issue marriage licenses, deal with land transfers, and record deeds, among many other functions. All three of these offices have elected officials.

Sheriff Office; this office varies a lot depending on the County. However generally they are responsible for the safety at the Courthouse, the transfer of inmates to and from the Courthouse, the issuing and serving of warrants, some counties also used they to maintain the jail, and some counties allow them to operate as a local police department. The sheriff is an elected official.

The Cost and Fines Office; this office collects funds do to the Court through sanctions issued by Judges rulings. This is an office of the Court and not elected.

Probation Office; supervises individuals who are placed on probation supervision, house arrest, and several other programs that vary across the state of Pennsylvania. They also conduct evaluation and create presentence investigation reports for the Court. This is an office of the Court and not elected.

Court Administration; this office is responsible for the Court calendar and scheduling of all matters with the Courthouse. This is an office of the Court and not elected

District Attorney Office; this office is responsible for prosecuting cases. This is an elected office.

Public Defenders Office; this office is responsible for providing defense to individuals who are deemed unable to hire their own attorney. This is an elected office.

As you can see there are a lot of different entities that have to function together to make a Courthouse run properly and when any of these offices start fighting or not co-operating it can cause major issues throughout the rest of the Courthouse. Here at Manchester and Associates we have the privilege to have practiced in almost every county across Pennsylvania. We have seen what goes on in different Courthouses and how they run their business. There are multiple Counties in which there is current infighting where Sheriff offices will not go get inmates even though the Judge ordered them to, where Prothonotary offices will not give information to the Court Administrators so that hearings can be scheduled, where Clerk of Courts will not provide documents/information to Attorneys and Court staff even when the County Judges request the information. This stuff happens and most of what I just mentioned is happening right now across Pennsylvania.

In the end when County Officials cannot get along and care more about their own egos they the people of the Counties in which they serve, the only people that get hurt are us the citizens of Pennsylvania. If you hire an attorney that is unaware of the issues in a particular courthouse it can have real ramifications in your case. It is very important that you have an Attorney on your side that can navigate the system and know how to circumvent problem offices in a Courthouse.

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.

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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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Why Is The Court Requiring A Hearing On Bail?

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.