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Manchester and Associates

Manchester and Associates

Pennsylvania Criminal & DUI Defense

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Drugs

October 16, 2017 By admin

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Acquiring A Controlled Substance By Fraud In Pennsylvania

Have you or someone you know been charged with Acquiring a Controlled Substance by Fraud in Pennsylvania? The charge of Acquiring a Controlled Substance by Fraud in Pennsylvania can have very serious consequences that can include up to fifteen years in prison and thousands in fines. At minimum you face up to one year in jail.

In Pennsylvania, it is illegal to use a fake or forged prescription to obtain, or try to obtain prescriptions from a pharmacy. The acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is the crime under the drug statutes. The severity of the offense is determined by the prescription drug that was obtained depending on the drugs schedule level determined by the Department of Health.

Schedule I or II which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity

Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding fifteen thousand dollars ($15,000), or both.

Schedule IV, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), or both.

Schedule V, is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), or both.

If you are a doctor or a nurse and are charged with facilitating, helping, or acquiring a Controlled Substance by Fraud in Pennsylvania, you could have your professional license suspended or revoked completely, by your respective boards.

If you are charged with Acquiring a Controlled Substance by Fraud in Pennsylvania, 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. Your attorney should gather the evidence or witnesses to show if you are innocent and/or just made an honest mistake, such as you may not have known that the prescription you had was fake or forged.

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.

Filed Under: Criminal Defense, Drugs

May 26, 2022 By admin

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Are Delta 8 And Delta 10 Illegal In Pennsylvania?

The Short Answer Is “Yes”.

Both Delta 8 and Delta 10 are Tetrahydrocannabinols, and both are illegal in Pennsylvania. Even if the Delta 8 or Delta 10 are derived from hemp, and not marijuana, the compounds are illegal because the entire category of Tetrahydrocannabinols, most commonly referred to as THC, is illegal in Pennsylvania. THC is listed as a scheduled substance in Pa. Code 25.72 (b)(3)(xvi). Most people think just Delta 9 is illegal, but legally Delta 8, 9, and 10 are the same. They are all currently illegal.

Many people only think of Delta 9 as being illegal because that is the compound they are taught that gets you “high”. But, legally, Delta 8, 9 and 10 are considered the same substance and all are equally illegal.

Because Delta 9 is the the compound always referred to in the media, people may think that since Delta 8 and Delta 10 can be possessed or sold legally. That is NOT correct. Any merchant that sells products with Delta 8 or 10 in them is committing a felony, and the people who buy those products are committing misdemeanor crimes just by possessing them.

The defenses to charges involving Delta 8 or Delta 10 are numerous, especially when it comes to the testing used to determine the presence of Delta 8 or 10. As a criminal defense lawyer I highly recommend that if you are a store owner you stop selling these products. If you are a consumer of these products, I strongly suggest you no longer purchase them. Until marijuana and THC are legalized in Pennsylvania as they have been in many other states, you will be in danger of criminal charges.

Filed Under: Drugs, Felony or Misdemeanor Charges, Medical Marijuana Tagged With: Drug Crimes, DUI

October 10, 2015 By admin

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Defending against Mushroom charges in Pennsylvania and Federal Courts

post-4657-138186914844 “Magic mushrooms” is a term used to describe any fungus that is capable of producing hallucinogenic effects. One of the most popular and commonly available of the “magic mushrooms” is Psilocybe Cubensis. There are several varieties within this species living within ecosystems found all over the world.

The main psychoactive component in “magic mushrooms” is the pro drug psilocybin. A pro-drug is a compound that is biologically inactive on its own, but it breaks down into an active form. In this case, the active form is psilocin. Psilocin is also present natively in the mushroom, but in very small amounts.

When “magic mushrooms” are seized as evidence, they are sent to a crime lab for a forensic drug analysis. This analysis is not identifying the botanical substance Psilocybe Cubensis, but rather the characteristic chemical compounds, psilocybin and/or psilocin. The drug analysis will not be able to identify the species of mushroom present, but the analysis should be able to identify psilocybin and psilocin, which are both Schedule I controlled substances.

However, this analysis is not as reliable as a crime lab report might indicate. Lab analysts seldom receive this type of evidence, and the typical lab process is not designed for these substances. These substances are present in very small amounts, which means testing is occurring at the edges of its capabilities. They degrade under normal environmental conditions, but particularly heat and light. This means they degrade under police storage and laboratory conditions also.

If you have been charged with selling and possessing mushrooms in Pennsylvania or Federal Court one of the most crucial parts of defending these cases is attacking the mushroom test results. Few lawyers do this but is one of the first pieces of evidence we review. The testing of mushrooms is very complex and in my firm we get the test data which can be hundreds of pages of paper. It isn’t the one page piece of paper that the lab gives the police in mushroom cases. If charged with mushroom possession or sales charges in Pennsylvania call our firm at (888) 994-7616.

Filed Under: Drugs

October 18, 2018 By admin

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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.

Filed Under: Criminal Defense, Drugs Tagged With: Drug Crimes, Scientific Defense

November 12, 2018 By admin

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Drug use in College | How it can Affect One’s Life

Statistics show that drug use in college is very common, with over 50% of college students having tried marijuana, over 30% have abused Adderall and 10% have used Ecstasy or Molly. However, few college students understand the consequences of their actions. The punishments associated with drug use will have a lasting effect on a student’s life.

  1. Fines and/or jail time

If you are a student convicted of drug possession in Pennsylvania, you will have to spend a lot of money on fines, and possibly spend some time in jail. It’s true that marijuana laws have become more relaxed as of late, but it’s still possible to be sentenced to 30 days in jail and fined up to $500 for possession of marijuana, even with a small amount. Medical marijuana patients will be considered exempt, but anyone with an expired prescription, or without any prescription, will still be charged and sentenced for marijuana possession.

Possession of other illegal drugs will result in much more serious charges. Getting caught with controlled substances such as Heroin, Cocaine, and prescription drugs can result in:

  • Up to one year in prison and up to a $5,000 fine
  • Up to two years in prison for a second offense
  • Up to three years for a third offense

Unfortunately, consequences for students go beyond legal repercussions.

The effects of having a charge on your record can overflow into school and future employment.

  1. Student aid can be revoked

Your federal student aid may also be revoked if convicted of a drug charge, yet few students realize this. This can be potentially devastating for students, especially because more are depending on their own financing for their education, rather than on their parent’s.

  1. Academic probation or suspension 

Policies for drug use vary for every educational institution and the situations are evaluated on a case by case basis. Students very commonly are placed on academic probation or sometimes suspended for getting caught with drugs. For example, the University of Pennsylvania prohibits any drug use. Drug use on this campus can result in a wide range of disciplinary actions, ranging from a mere warning to expulsion. The results will depend upon the type of drug, the amount, and if you have repeat offenses.

  1. Delayed graduation

If a student misses too many classes because of jail time, probation, or suspension from school, the student might not be able to graduate on time. If your charges are severe enough, your college might decide to withhold graduation until you have complied with rules and penalties.

  1. You might get turned down for grad school

Grad school applications ask whether the applicant has been charged or convicted with a criminal offense. Additionally, graduate schools will also run background checks in order to scan for offenses. While graduate schools might not turn down students outright, a mark on your record could give someone else a better chance over you for admission.

The side effects of an arrest and spending time in jail for a drug possession conviction can be upsetting. Many students feel like their future is jeopardized.

If you or a loved one was charged with possession of drugs, contact Brian Manchester today for help with your case. Brian Manchester will fight for you every step of the way and ensure you receive aggressive representation.

He has extensive training in alcohol and drug defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys. For a free consultation, we can be contacted at 1-800-243-4878.

 

Filed Under: Drugs

July 19, 2021 By admin

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Is it illegal to drive while on Ambien or another sleeping pill in Pennsylvania?

The answer is: yes, if they impair you. Pennsylvania punishes drug-based DUI offenses the harshest. It does not matter if it is a sleeping pill. Common sleeping medications are Ambien, Lunesta, and Sonata. If you take these, be very careful.


Ambien is a particular nasty sleeping medication that can lead to a condition called somnambulism. Somnambulism is another word for sleepwalking or doing other things while in a sleep state. One of which is sleep driving. That is never a good thing. I have represented clients who have taken Ambien and the next thing they remember is being in a police station after hitting a telephone pole and they do not remember hitting the pole.


Sleeping pill induces drowsiness. It is another drug in the benzodiazepine family. It works by slowing activity in the brain and nervous system. Ambien is used to treat insomnia and sleeping problems.


Sleeping pills like Ambien can have after-effects on people after they wake up. Like a hangover, these can leave people feeling drowsy and lethargic. Sleeping pills in combination with alcohol are a very nasty combination.


I tell my clients and friends that if they take Ambien to have their doctor prescribe something else. Also never mix alcohol with sleeping pills.

Filed Under: Drugs, DUI Tagged With: DUI

September 25, 2017 By admin

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Operating A Meth Lab/Dumping Methamphetamine Waste In Pennsylvania

Have you or someone you know been charged with having a Methamphetamine lab also known as a Meth lab in Pennsylvania? The charges associated with the production and distribution of Methamphetamine in Pennsylvania can have very serious consequences that can include up to ten 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 that can result in, a maximum of 20 years in prison, and thousands of dollars in fines. The multiple different subsections for the charge of Operating a Meth lab/Dumping Methamphetamine waste in Pennsylvania they are as follows;

(a.1) Operating A Methamphetamine Lab:

Is a felony 2 with a max punishment of 10 years of incarceration and a $25,000 fine.

The elements are that you knowingly causes a reaction involving the chemicals needed for the purpose of making Meth, or were preparing the substances for the production of Meth.

In addition, all of the cost of the cleanup process is brought against you as restitution for the cleanup of clandestine laboratories.

(a.3) If you are convicted of operating a Meth lab within 1000 feet of a school, nursery, or daycare center and the like, the punishment is increased to a Felony 1 which increases the max punishments to 20 years and a fine of $25,000.

(b.1) Deposits, Stores, Disposes Chemical Waste:

Is a felony 3 with a max punishment of 7 years of incarceration and a $15,000 fine.

The elements are that you knowingly or recklessly stored or disposed of the substances used to make Meth, or were in the preparation of manufacturing Meth with these substances.

In addition, all of the cost of the cleanup process is brought against you as restitution as reimbursement for all law enforcement, emergency medical, fire, or other organizations used for cleaning up the environmental hazards associated with operating a lab or possessing the ingredients to create Meth.

As you can see from this very lengthy statue to which I have trimmed down, being charged with Operating a Meth lab/Dumping Methamphetamine waste in Pennsylvania is a very serious offense. The results of a conviction are all felonies which could result in spending decades in prison. If the police arrest you for Operating a Meth lab/Dumping Methamphetamine waste 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 , t 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 Operating a Meth lab/Dumping Methamphetamine waste 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.

Filed Under: Drugs

June 30, 2017 By admin

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Synthetic Marijuana Victory

On May 25, 2017 Attorney Brian Manchester became the first lawyer in the United States to have a synthetic marijuana analogue drug statute declared unconstitutional by a state or federal supreme court. The Pennsylvania Supreme Court in the case of Commonwealth v. Herman found that the former analogue based synthetic cannabinoid statute was unconstitutionally vague. They also found that in order to prove a defendant guilty of the Pennsylvania State Designer Drug statute the government must prove that a defendant knew that the compound they were selling has a substantially similar chemical structure to a scheduled drug. This is a requirement that will make it extremely difficult to prove in court.

This is a significant victory in that it is the first time ever a court recognized that an analogue based statute is too vague. Synthetic cannabinoids, also called synthetic marijuana, K2, or Spice are man made compounds designed to mimic marijuana and its effects. The compound in the Herman case was PB-22. Brian Manchester used several experts including John W. Huffman who is widely considered the best expert in the world on synthetic cannabinoids and is the creator of many different synthetic cannabinoid compounds.

Synthetic cannabinoid, K2, Spice cases are very complex cases to defend. It requires a high level of analytical and organic chemistry related knowledge. Attorney Manchester possesses such knowledge through his training at Axion Labs in Chicago as well as his membership in the American Chemical Society and his certification as a Lawyer-Scientist through the American Chemical Society. Not just that but he regularly defends these cases and is asked to consult on many other cases by lawyers from across Pennsylvania. If you or someone you know has been arrested for synthetic drugs, synthetic marijuana, K2, Spice, or any drug case call 1-800-243-4878. Very few lawyers in the country ever get a nation-wide setting precedent. Brian Manchester did and he will use those same skills to defend your case.

Filed Under: Drugs

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