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October 16, 2015Interesting facts about the U.S. and Pennsylvania Constitution
By Brian Manchester
While reading the American Bar Association journal today I came across an interesting article on misconceptions about our US Constitution. This got me thinking about our US Constitution and our PA Constitution and other general misconceptions with the law.
The article discussed some general misconceptions like, that fact that most of our rights do not come from the Constitution but from the Bill of Rights which was passed several years after the current US Constitution. The article also touches on the fact that the Bill of Rights actually consisted of seventeen amendments, however only ten of the amendments actually passed to become the Bill of Rights. Additionally the First Amendment was not actually the First Amendment, but ended up being the first because other amendments in front of our current First Amendment were not passed. A few other interesting items mentioned in the article are that the word “democracy” does not appear in the US Constitution, nor does the word “God”. The powers were created by the people for the people, thus the reason why the US Constitution starts by saying “We the People”.
Being that the US Constitution is very important in Criminal Defense I wanted to add a few other interesting facts about not only the US Constitution but also the PA Constitution. Lets start at the beginning the US declared it independent from England by creating the Declaration of Independence on July 4, 1776. Pennsylvania created its first constitution on September 28, 1776. The next important document created was not our current US Constitution but Articles of Confederation which went into effect on March 1, 1781. The Articles of Confederation were used until out current US Constitution which was created and modeled after the older Pennsylvania Constitution. The US Constitution was created on May 25, 1787 and put into effect on June 21, 1788. The Bill of Rights was adopted on December 15, 1791.
With the “Bill of Rights” creating the first ten amendments to the Constitution there have been an additional seventeen amendments created, bring the total amount of amendments to date to twenty-seven. Most of our treasured rights that we as American have today come from these 27 Amendments, the right to bear arms, the right to free speech, the right of protection from the government in search and seizures, and many more. These rights are a base line of rights that the states are precluded from going below; states can on their own establish more rights for their citizens. PA is a state that has done just that.
One example of that is in the 4th Amendment protection of freedom from search and seizures; PA’s Constitution increases the protections for its citizens in Article 1 section 8 of the PA Constitution. When arguing search and seizure rights it is imperative that your attorney argues both Constitutions. Cases have been lost because attorneys failed to argue the more protections under the PA Constitution and the Courts have stated that if they had they would have won, however since only the US Constitution was argued the case was decided in the Government’s favor.
Should you find yourself in a situation where you need legal representation you need to contact criminal defense attorneys that are going to know the law inside and out. Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. At Manchester and Associates, we only practice in criminal defense, thus we understand when people find themselves accused or charged with a crime, and the challenges that each individual case could face in the PA judicial system. With a combined experience of over 65 years, there is almost no situation we have not encountered. For a free consultation we can be contacted toll free at .
Posted in: Pennsylvania DUI Laws ,
May 21, 2015Pennsylvania Non-Vehicular Alcohol Offenses
By Brian Manchester
Non-Vehicular Alcohol Defense Lawyers
The Law firm of Manchester & Associates is located in Bellefonte, PA in Pennsylvania. Our centralized location allows us to handle criminal defense cases cases throughout the State of Pennsylvania. At Manchester and Associates we understand that when people find themselves accused or charged with a crime, they have numerous questions about the PA judicial system. We also understand that people can feel stressed or anxious and even depressed when criminal legal situations occur.
Our knowledge of the Pennsylvania Criminal Law and real world experience earned from representing thousands of people charged with criminal offenses, will help reduce any anxiety, stress and depression you may experience. We will answer your initial questions immediately and continue to keep you informed as the case progresses. Manchester and Associates will vigorously defend you.
Concentrating on Criminal Defense at Local, State and Federal levels . Pennsylvania Criminal Law
The Law firm of Manchester & Associates is located in Bellefonte, PA in Pennsylvania. Our centralized location allows us to handle criminal defense cases cases throughout the State of Pennsylvania. The Law Office of R. Bruce Manchester & Associates handles a wide variety of criminal law issues including:
– Drug Offenses – Internet Pornography – Murder – Embezzlement – Rape – Vehicular Homicide – Theft – Dui Defense – Sex Offenses – Traffic Citations – Voluntary Manslaughter – Forgery – Insurance Fraud – Arson – Burglary – Aggravated Assault.
Our Lawyers Are Available 24/7
At Manchester and Associates, we believe in personal relationships and personal contact with our clients. Our clients will never have to deal with an answering service. Once your case comes across their desk, our lawyers will make a personal phone call to you to talk about your needs. After your FREE initial consultation they will always be available to you by their own phones day or night. The lawyers and staff at Manchester and Associates are always available to you 24/7. We understand that being charged with a crime does not just happen between the hours of 9 to 5 and that a lot of arrests occur when its dark out, and on the weekends, that is why our office phones are always forwarded to our lawyers cell phones and are answered by them personally.
Protect Your Rights! Call Us Now For A FREE Initial Consultation
Our initial consultation is FREE! Protect your rights, call us anytime 24 hours a day!
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