Manchester and Associates

Pennsylvania Criminal & DUI Defense

Legal Blog

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Can you be arrested in Pennsylvania for Wielding a firearm in self-defense?

Unfortunately, the answer is yes.

Please note that I didn’t say convicted: arrest and conviction are tvery different things. Arresting is what cops do and it doesn’t mean you are guilty.Neither the police nor Prosecutors decide if you are guilty; that’s up to a jury.


With that said, let us get into why you can be arrested for displaying a firearm in Pennsylvania in self-defense. The answer is simple and disturbing at the same time. With no pun intended, cops, prosecutors, and the public are gun shy. It seems more and more police react first to a situation where a firearm is brandished than they do analyzing the situation. Simply put, it is arrest first and then leave it up to the courts.


When police hear a report of a gun being displayed, they roll out hard and in packs. That’s mostly understandable. There are simply too many instances of people who are bad and use firearms in a dangerous way for them not to take a call of a firearm seriously. We expect them to do that. However, we as citizens also expect them to investigate what actually happened. That seems to be done less and less. In the past three months my firm and I have represented three different people for brandishing their licensed concealed carry pistols that they used to keep from being harmed. In each of the three instances they legitimately used their firearms to actually diffuse the situation to get the aggressor to back down and go away. However, because the bad guys called the cops first, they were charged. Now they had to hire us to protect them after they legitimately protected themselves.


This article isn’t about using firearms in an irresponsible way. That is usually a crime. For instance, if you are driving and someone in front of you starts acting like a jerk and frightening you, you can’t pull out your pistol. This is not good. I had this situation last year. The case ended with a citation and not a misdemeanor or felony conviction, but it was not the right way to use a firearm.


The use of a firearm is deadly force. Deadly force can only be used to avoid death, serious bodily injury, robbery, and rape in PA. Where these situations get grey is when is someone facing serious bodily injury or death without being shot at, stabbed at, robbed, or assaulted sexually? The variations are endless. It is judged upon by the reasonable person standard. Another uncertain term in situations like this but the reasonable person standard analysis is for another post.


There are many appeals court cases where people thought they were justified in brandishing a firearm and using it or just displaying it. In some of them the appeals court overturned the convictions. In others they didn’t. Some of those cases that I read even surprised me that the person wasn’t justified.


Here is the bottom line. If you are in a situation where you feel threatened with serious bodily injury, death, robbery, or rape and you are not the aggressor you will do what you have to. When the situation is over, get to a safe place and call the police. Say you were threatened with whatever occurred and you had to brandish your firearm because you were afraid of one or several of those four things. That is ALL YOU SAY. Once the police arrive, cooperate if they ask you for your firearm but do not talk about what happened. Politely tell them thanks for coming to help you and you want to speak to a lawyer before you give any further statements. Don’t say anything else. Then call a lawyer as soon as possible.

Your lawyer and your freedom and your right to further own a firearm will thank you later.

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Resisting Arrest and DUI Charges in Pennsylvania

Can you be charged and convicted of resisting arrest after you have been stopped for DUI?

Yes, you can.

Here is the statutory language as to resisting arrest in Pennsylvania:


“With the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.”


That is the legal definition. Now here is how it actually is on the streets with the police. The majority of police officers do not have a lot of patience in DUI stops when it comes to taking you into custody. I know this because I watch a lot of police car videos and we get a lot of DUI cases where resisting arrest is also charged. Once police decide to arrest a driver, if the driver does not quickly turn around, put their arms behind your back, and let them cuff you right away they get very aggressive. That can lead a driver to flinch, asking why they are being treated that way. In normal conversations a person faces the person when they talk. So, in situations where the police officer acts aggressive, drivers tend to turn to face them to ask the officer what is going on. That turn really turns up the heat and then things go downhill quickly.


Now there are times when people do resist, try to run away, and sometimes try to strike the police officer. Obviously, that is not a smart thing to do and is most likely resisting arrest. But many times, when these charges are filed it is simply not complying right away and challenging the officer’s authority that results in resisting arrest. My associates and I love police car videos. They show what really happened and we are often able to get resisting arrest charges dismissed or plead to lesser offenses.


My best advice to people? The street is the police’s turf but the courtroom is ours. No matter how a police officer is acting, the best thing to do is be polite, cooperate and say nothing. If the police want to arrest you, comply with their request and then call us as soon as you can. It is not well known that resisting an illegal arrest can still be a crime. You will not win if you resist. However, if you are polite and comply, no matter how bad the police act or the situation is, you will fare much better. Let the lawyer deal with the police if they were rude or wrong.

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Can You Go To Jail For Driving While Suspended In Philadelphia?

After the first one? You bet.

In this blog I will talk about driving while suspended, 75 Pa.C.S.A. 1543a. I will discuss driving while suspended DUI in another post.

There are many ways to get suspended.

Getting too many points in a short period for different traffic offenses. Driving with suspended registration. Driving without insurance. Getting in a car accident and not paying the judgement. Not responding to a traffic ticket. Yes, you can be suspended for not pleading guilty or not guilty to a ticket. Not paying child support and so on and on.

If you are driving while suspended, about 90 plus percent of the time you will get charged with it.  As I tell my clients all of the time: There is a difference between getting charged and getting convicted. In Pennsylvania your first driving while suspended will only result in a one-year additional suspension. From the second to the fifth time a person is convicted of driving while suspended, a jail sentence is up to the judge. After your sixth and subsequent conviction the minimum is 30 days in jail with a maximum of 6 months. There is no 10 year look back to determine minimum jail time like there is for DUI offenses. It makes no sense that with DUI charges there is a time limit to increase jail time. But as I always say, the law doesn’t make a lot of sense. That is why my firm is so busy.

Now being charged with driving while suspended doesn’t mean you will be convicted. There are many defenses. However, in most cases the police can show a driver is the driver and their license is suspended. In most cases it comes down to mitigating damages. There is a limitless number of legitimate reasons that can be used to do that. That is where experienced lawyers come in and where getting the mitigation together BEFORE court comes to play.

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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.

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Can taking Xanax lead to a DUI in Pennsylvania?

Yes. People taking Xanax can be pulled over and charged for drugged driving.

Xanax is a brand name of Alprazolam. It is a sedative, from a family of anti-anxiety medications called benzodiazepines. These drugs work by depressing the central nervous system. They make people feel relaxed and calm. They are used as a short-term treatment for anxiety and insomnia (See Medline Plus for further information)


Similar drugs include:

  • Librium
  • Doral
  • Valium
  • Ativan


Taking Xanax and then driving can leave drivers too calm – it can impair a driver’s ability to operate a vehicle safely. Drivers may be too sedated to notice hazards and react to them appropriately.

If you are taking Xanax, you should consider very carefully whether you are able to drive safely before deciding to do so; if you consumed alcohol with Xanax then definitely do not drive. Xanax is a benzodiazepine. It is well known to the scientific community, police, and prosecutors that benzodiazepines enhance the effects of alcohol. In Pennsylvania drug and drug and alcohol combined DUI charges result in punishment in the highest tier.


If you find yourself pulled over for whatever reason, do not tell the police officer you took Xanax . Even if taken in for a blood test. Most people do not know that unless a police officer specifically requests that their blood be tested for Xanax , that it will not be found. The reason for that is the blood must be put into a gas chromatograph specifically set up to test for benzodiazepines. If a police officer only suspects alcohol the lab won’t look for Xanax . Therefore, even if it is present in a driver’s blood it won’t be found and that can possibly avoid enhanced DUI penalties based on the presence of drugs.

When pulled over by a police officer, silence is always golden.

Filed Under: DUI

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How Adderall can lead to a DUI charge in Pennsylvania

Adderall is a stimulant designed primarily to treat ADHD and other attention disorders. Adderall is a combination of the drugs dextroamphetamine and amphetamine. These drugs work to keep someone focused and attentive. Adderall is used to treat ADHD and other attention disorders. Amphetamines are DEA Schedule II (Two) drugs.

Drugs similar to Adderall are:

  • Ritalin
  • Focalin
  • Adzenys
  • Vyvanse


These drugs work by stimulating the central nervous system. As the stimulation begins to fade around six hours on average, it can leave the person taking Adderall feeling tired. It is this tiredness that can lead to poor driving. So people who are on the downside of the pharmacological effects of Adderall can become tired and that is when they get pulled over. It is not the drug causing the poor driving. However, that is not what the police or prosecutors believe.


The best thing you can do if you take Adderall or any other medication for ADHD or other attention related illnesses is to NOT tell a police officer you take it. You do not have to answer an officer if they ask you if you take any medication because the Fifth Amendment to the constitution says so.

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Five Common prescription drugs that lead to DUI charges in Pennsylvania

Most drivers think that having a prescription for their medication protect them from DUI charges. That is not correct and can get a driver in trouble.

Pennsylvania DUI statutes make it illegal to drive while impaired by a drug or combination of drugs. The word ‘drug’ in the statute is not limited to illegal drugs or even DEA scheduled drugs.

Here are Five common prescription drugs that can lead to being charged with a DUI:

  1. Adderall
  2. Xanex
  3. Ambien
  4. Vicodin
  5. Clarinex

Here is how a typical traffic stop can turn into a nightmare for a driver taking their prescription medication:

The driver is going down the street. Maybe they swerve a little. Fail to use a traffic signal, or one of their lights are not working. The police officer then pulls them over. The police officer either notices a prescription bottle or asks the driver if they are taking any medication. The driver, not knowing what these questions are designed to do, honestly tells the police officer they are taking their prescription medication. At this point it becomes a DUI stop.

The officer then asks the driver out of the car. Gives field sobriety tests. They May even calls in a drug DUI specialist that are called Drug Recognition Expert. and just like that, DUI charges are filed!

Generally, police officers do not consider that the person they are giving physical tests to is suffering from illness or injury. The biggest reason they do not is that the field sobriety tests that they are given have ABSOLUTELY NO leeway for people with physical injuries or illness. These tests have certain clues. If a clue is seen, it is scored. It does not matter if the physical disability, illness, or actual impairment cause the clue to be seen. If it is there it is scored. This is not an exercise where you want any points, let alone a lot of points.

I often see police camera video of field sobriety tests where the officer tells my client that they will take their physical disability into account in the tests. That is a total lie. The tests they give do not have any room for error because of physical disabilities, disease, or mental impairment from past brain injuries. I once had a DUI case where the police officer let my client do a field sobriety test with his cane. Talk about setting a person up for failure.

Here is a common trick that the police like to use. Once the driver tells the police officer about their physical disability or illness the officer then asks the driver if they feel they can do the test. Most drivers say yes and give the test a try. They have no clue what they are agreeing to. They often believe their disability will be considered. They are not. I have gone to the same exact training as the police officers get. Police officers are trained to know that physical problems can interfere with the tests and give false results and they must score a clue if it is found. But they never tell drivers this.

There are many possilble defenses to prescription medication DUI cases. People take medication because they are ill or injured. People who are ill or injured are most often worse off without their medication. However, police officers will charge a person with a DUI nonetheless, and then let the lawyers sort it out. Be aware of this.

If you take a prescription medication do not tell this to a police officer if asked. You have the right to remain silent. Do it. If you carry your prescription medication in your car do not put it in a place that can be seen or with your registration and insurance. Furthermore, if asked to step out of your vehicle and asked to take the field sobriety test, tell the officer because of your injury or illness you decline to take the test because of your injury. Do not let the officer intimidate you into doing it. Even if they threaten you with arrest, do not do it.

If the police officer is going to arrest you, then they are going to arrest you.

Do not give police evidence they can twist and use against you. Your defense lawyer and your freedom will thank you for it later.

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Extradition and Pennsylvania

People freely cross state lines in the United States. When someone is wanted by law enforcement authorities across state lines, an arrest warrant is often issued. When a person in Pennsylvania is arrested and detained on behalf of another state, the process is called extradition. It is important for individuals and families to understand this often daunting and potentially confusing process.

An individual may find themselves arrested in Pennsylvania as a “fugitive from justice,” a term for someone who is wanted by a court and has not been properly before a judge. Two Federal laws control how extradition from one state to another: The Federal Fugitive Act, 18 U.S.C.A. § 3182; and the Uniform Criminal Extradition Act, 42 Pa.C.S.A. § 9121 et. seq.

What Happens When Someone Is Arrested?

When an individual is arrested as a fugitive from justice, there are specific rules that must be followed by Pennsylvania and the demanding state. The outcome is that the fugitive is either extradited to the demanding state, or released from Pennsylvania custody.

After an individual is arrested on behalf of another state, Pennsylvania will notify the demanding state. The demanding state may request that Pennsylvania hold that individual and make arrangements to send the person to the other state. This is called a “detainer” and we refer to it as being “lodged” against the individual.

Under the Uniform Criminal Extradition Act, all arrests are treated the same. It does not matter if the arrest is for a criminal prosecution (when a person is facing new criminal charges) or based on a probation or parole violation (when a person is wanted for violating supervision from a prior criminal charge).

The Extradition Process in Pennsylvania

After an individual is retained on a fugitive warrant, the law requires that they be brought in front of a judge as soon as possible. There is then a hearing to tell the individual what they are charged with, to determine if the person arrested is actually the person charged, and to set bail if appropriate. In Pennsylvania, individuals are entitled to bail for all cases except those punishable by life in prison or death.

A “Governor’s Warrant” will then be requested by the demanding state. Pennsylvania’s governor then issues a governor’s warrant. This grants the court in Pennsylvania the authority to decide whether to extradite the individual.

The governor’s warrant must arrive within 30 days of the fugitive’s arrest. If it does not, the individual can be detained for a further 60 days. These time periods start when the individual is arrested in Pennsylvania. Individuals should also be aware that the lodging of a detainer is treated as a separate arrest from the initial arrest under the Uniform Criminal Extradition Act.

After the governor’s warrant is issued, the court will schedule a hearing. At that time, the judge must inform the fugitive from justice of the accusations against them, the demand for their return to the demanding state, and the individual’s right to test the legality of the arrest. Many individuals waive these rights and consent to their return to the demanding state.

Fighting an extradition request is a difficult process. An experienced criminal defense attorney will challenge whether the individual was arrested legally; will challenge the validity of the demand from the requesting state; and will challenge whether a crime occurred in the first place. The District Attorney as the prosecutor for the Commonwealth of Pennsylvania must prove to a prima facie level that all of the requirements for an extradition have been met. Prima facie proof means that the alleged fact is more likely to be true than not.

If you or a loved one is facing possible extradition in Pennsylvania, contact Manchester and Associates today.

About Us

Manchester and Associates is a law firm dedicated to criminal defense that operates throughout the Commonwealth of Pennsylvania since 1978.  5-star ratings prove what our firm is all about:  making sure that the best possible outcome for our clients is achieved. We use a teamwork approach in all our major cases and one of our team members is a former District Attorney. This gives us an advantage of reviewing your case from both the prosecution and defense side. Our lawyers have handled multiple simple assault cases across the state of Pennsylvania. Let our collective trial experience earned over several decades aid your defense.