Manchester and Associates

Pennsylvania Criminal & DUI Defense

Legal Blog

As experts in our craft we like to provide our past, current and future clients, as well as our community with resources to better help them navigate the complex world of criminal law. Whether you're seeking guidance in one of our practice areas, looking for practical tips to navigate legal challenges or simply finding a deeper understanding of your rights, our blog is designed to be a valuable resource to you.

You can search blogs by category or use the search bar to find what you need. You can also visit our FAQ page which has specific questions and answers about Pennsylvania law, procedures, as well as information about our firm.

Please note, our legal blog is intended for informational purposes only. While we strive to offer accurate content, the legal landscape is constantly changing and no blog can substitute personalized advice and guidance of a qualified attorney. For a free consultation, please contact us directly.

Posted: In DUI

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How To Find The Best DUI Lawyer

Facing a DUI charge can be extremely distressing and overwhelming. Between the legal complexities and potential long-term personal consequences, it is essential to have expert assistance and representation every step of the way. A skilled defense attorney can mean the difference between a favorable outcome and harsh, life-changing penalties. It is important, however, to choose a defense attorney based on a number of factors, not just the proximity of a law firm or the first lawyer that shows up in a Google search.

When Choosing A Defense Attorney, Consider The Following:

Specialization and Experience:

Look for a lawyer who has successfully defended a number of DUI cases. Choose a law firm that works with these cases regularly as it means they will be well-versed in the intricate nuances of DUI laws, procedures and the multitude of potential defenses.

Trial Experience:

It’s important that the lawyer you choose is experienced taking DUI cases to trial. The circumstances under which a case would go to trial are unique to each case, but having a defense attorney who can help you navigate a trial is an important quality.

Scientific Expertise:

Not only is it enough for your DUI defense attorney to know the laws surrounding your case, it’s important that they understand and regularly work with the science behind blood and breath testing. This information can be critical in the defense of your case.

Communication:

Nobody wants to be left in the dark when it comes to their DUI case. With high stress and so much on the line, you will want your defense team to be in regular communication with you about important dates, milestones and case information.

Local Knowledge and Relationships:

When searching for your DUI lawyer, find someone who is familiar with the local court systems, judges, prosecutors and other key players in a DUI case. This will allow your attorney to tailor their defense more effectively. Attorneys with established relationships will be able to negotiate more skillfully on your behalf.

Credentials, Affiliations and Ongoing Education:

Asking about these can provide insights into a lawyer’s commitment to their profession and expertise. DUI defense attorneys who are continuing their education and are members of reputable legal organizations demonstrate their dedication to their profession and their clients.

Reputation and Reviews:

When selecting a DUI lawyer, check their online reviews, and research their case outcomes. Find out if the lawyer you’re thinking of hiring has a good standing reputation amongst the legal community. See our client reviews here.

Fees:

Of course, using a private DUI defense attorney can be a significant investment. Be wary of lawyers with exceptionally low fees– as it may indicate a lack of experience. On the other hand, exorbitant fees do not necessarily mean superior representation. Look for an attorney who offers transparent billing, so you can be clear on the investment you’re making.

When you’re in need of a DUI lawyer, finding the best defense attorney for your case will take a bit of commitment to research.

It’s important to consider all of the above before making your decision. You want to be sure that you’re getting the best representation by an attorney who is experienced and will work tirelessly toward a favorable outcome. To hear our own Brian Manchester speak on this topic, click here.
At Manchester and Associates, we defend DUI cases aggressively. We have an experienced team of professionals who stay up to date on the laws and the science involved in DUI cases. Get in touch with our team to learn more.

Filed Under: DUI

Posted: In Assault, Criminal Cases, Criminal Defense, Domestic Assault

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Protection From Abuse (PFA) Basics In Pennsylvania

An Invaluable Legal Protection That Is Itself Susceptible To Abuse.

Protection From Abuse (PFA)

A Protection From Abuse (PFA) order can be a great resource to those who are truly being abused.

Unfortunately, PFA orders are often filed maliciously to get back at an ex or cause issues during a custody dispute. 

As the defendant in a PFA, you will lose your right to possess and carry firearms. So if your job involves carrying firearms, it could be at risk. You can be thrown out of your house. Your ability to see your children can be limited. As a result of a PFA, a defendant could face disciplinary action in other areas of their life. College students could be thrown out of school. Licensed professionals could lose their license or, at the very least, their jobs. If you have a government security clearance you can lose that too. These are just a few of the consequences of having the PFA filed against you granted. If you’ve been falsely accused of abuse in a PFA, the allegations must be fought with the same vigor as criminal charges.

The petitioner in a PFA alleges that the defendant committed at least one act of abuse.

In Pennsylvania, an “act of abuse” is:

  • Physical or sexual assault, including attempted
  • Putting them in fear of imminent serious bodily harm
  • Imprisonment
  • Physical or sexual abuse of a minor
  • Harassment or stalking 

Not only will the PFA order defendant to stop all direct and indirect contact, it can also evict the defendant from a shared home, require relinquishing of firearms, and order just about anything else the judge believes is necessary. Although the PFA order is civil, violating that order could result in criminal contempt charges that carry up to 6 months in jail and a $1,000 fine. 

In a criminal case, guilt must be proven beyond a reasonable doubt—basically a 99% chance.

However, a civil case is proven by the preponderance of the evidence—basically a 51% chance. So, it’s harder for the defense to win a civil case than a criminal case. You only have the right to a hearing before a judge, not a jury. To give an example to illustrate the connection between criminal and civil cases, we can look to OJ Simpson. OJ Simpson won the criminal trial because the prosecution was unable to prove his guilt beyond a reasonable doubt. However, he lost the civil wrongful death trial filed by his ex-wife’s family. His family only needed to prove that OJ Simpson killed her by a preponderance of the evidence.

If there is a finding of abuse after a hearing, and the defendant is facing criminal charges, the fact a PFA was granted may be admissible in the criminal case. There are many variables to consider in defending a PFA and each case is unique. Always seek out an experienced law firm if you have been served a PFA. Contact Manchester and Associates to learn more about this.

Posted: In Court Procedure, Criminal Cases, Criminal Defense

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Mistrials & Double Jeopardy

Mistrials and double jeopardy both deal with the concept of trying an individual for the same offense more than once.

Double jeopardy means that a person cannot be prosecuted for the same offense more than once in the same jurisdiction.

The Fifth Amendment embodies the right against double jeopardy. However, in certain circumstances a person can be prosecuted for the same offense in different jurisdictions.

For example, if someone is accused of trafficking controlled substances into Pennsylvania from New York, they can be prosecuted and sentenced at the federal level in both Pennsylvania and New York. Double jeopardy would only protect them from being prosecuted twice in Pennsylvania (or twice in New York or federally).

This right against double jeopardy is bestowed upon a defendant as soon as trial begins.

A jury trial begins when the jury has been selected, while a bench trial starts when the judge directs parties to give opening statements. 

Whenever a jury is chosen for a case, the defendant has a constitutional right to have their trial decided by those specific jurors. To select a new jury causes double jeopardy issues except in particular situations.  

A mistrial is ordered when something happens which fundamentally affects the fairness of the case.

It is an order by the judge terminating the case after trial has started but before reaching a verdict. There are many reasons justifying a mistrial like a hung jury, rules of evidence disclosure violations, and jury tampering. 

In Pennsylvania, either party can request a mistrial but each are limited to specific scenarios.

The defense can request a mistrial whenever something happens that influences the fairness of the trial. Examples include:

  • Misconduct on behalf of the prosecution
  • Improper conduct by jury members
  • Unavailability of a critical witness

The prosecution can request a mistrial whenever misconduct is committed by the defense including:

  • Presenting inadmissible or falsified evidence
  • Improper contact with witness

The judge can also order a mistrial without request by either party when they believe the circumstances warrant one. 

When a mistrial is based on a hung jury or by request of the defense, then the case can be brought in front of a new jury without violating double jeopardy. 

To learn more pertaining to your specific needs, contact our experts.

Posted: In Criminal Defense, DUI

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Prior Record & Mandatory Minimums

Prior records and mandatory minimums are some of the factors taken into consideration during a criminal DUI case.

Maximum Penalty

When the law prescribes a range of appropriate sentences for a given offense, the court cannot order a sentence longer the maximum penalty. For example, because possession of paraphernalia has a maximum penalty of 12 months’ incarceration, the court cannot order a 2-year sentence. 

Mandatory Minimum

In addition to the maximum penalty, some offenses have a minimum sentence which cannot be reduced by the court.

For example, a first offense DUI for controlled substances has a mandatory minimum penalty of 72 hours’ incarceration. A conviction for this type of DUI cannot be resolved without at least a 3-day sentence. 

Just because an offense has a mandatory minimum penalty doesn’t mean the court is prohibited from ordering a longer minimum sentence. This is where the prior record is taken into consideration. 

Among the justifications for criminal punishment is the potential to deter an offender from reoffending.

When someone is assigned a criminal punishment, there is an expectation that they will refrain from committing future crimes to avoid more punishment. However, if they commit a subsequent crime, the court considers the earlier conviction through the Prior Record Score. 

Sentencing Guidelines In Pennsylvania

Pennsylvania has a chart called the Sentencing Guidelines that recommends ranges of sentences based on a defendant’s prior record score (x-axis) and the severity of the offense (y-axis). As the prior record score increases, so does the recommended sentence. 

The prior record score can be particularly important in DUI cases.

While only DUIs resolved within the last 10 years are counted when determining the level of a DUI (e.g., 1st, 2nd, 3rd offense), all prior convictions, including previous DUIs, contribute to the Prior Record Score. If someone had multiple DUI convictions in the 1990s and faced a new DUI charge categorized as a first offense, the Sentencing Guidelines might recommend a longer minimum sentence based on the Prior Record Score. This means that a defendant with an extensive criminal history could potentially receive a 3-6 month jail sentence for a first offense DUI, even though the mandatory minimum is just 3 days for the highest BAC.

There are many variables to consider when defending and negotiating offers in criminal cases. If you have been criminally charged, Manchester and Associates can help, our firm is well versed in DUI defense.

Posted: In Criminal Defense

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The Difference Between A Public Defender and A Private Defense Lawyer

The justice system is designed in a way that any individual who has been accused of a crime is protected and gets a fair trial. When someone is faced with a criminal charge, the defendant has the option to be represented by a public defender or a privately paid defense attorney. Both a public and private defender are educated and have the same goal in mind: provide fair and just legal representation. However, there are some key differences between the two. Before proceeding with either, it is important to understand the differences, benefits and limitations associated with each.

Roles & Responsibilities of Public Defenders:

  • Part of a public defender office
  • Handle high caseload and represent many clients at once
  • Experience working with a variety of criminal cases
  • Government funded
  • Provided at no cost to individuals who cannot afford legal representation

Roles & Responsibilities of Private Defense Lawyers:

  • Work independently or as part of a law firm
  • Have flexibility over the cases they take
  • Specialize in specific areas of the law (learn about ours here)
  • Provide personalized attention to clients
  • Lower caseload and the ability to dedicate more time and resources to build a strong defense strategy
  • Paid for by the client, costs vary based on case type, experience, case complexity, location and more

Experience & Expertise of Public Defenders:

  • Legal professionals with expertise in criminal law
  • Exposed to a wide range of legal issues and courtroom procedures
  • Tend to have significant trial experience
  • Familiarity with the local legal system, judges, prosecutors as well as individual courts and their policies
  • With a higher caseload, they are not always able to spend as much time researching and building tailored defense strategies as they might like to

Experience & Expertise of Private Defense Lawyers:

  • Legal professionals with expertise in criminal law and often focus in specific areas of the law
  • With a lower case load and a specialization, they often develop in-depth understanding of complexities of their chosen field
  • Trial experience in multiple courts and familiarity with judges, prosecutors and the legal system
  • More time to individually research, craft and execute their defense strategies and explore unique legal arguments

Resources & Support of Public Defenders:

  • Government funded and have limited resources
  • Work with support staff within the public defender offices
  • Heavy caseload and limited funding can potentially make it more difficult to conduct extensive investigation or use additional resources

Resources & Support of Private Defense Lawyers:

  • Greater control over their resources
  • Access to a large network of experts, investigators and support staff
  • Use advanced technology, specialized consultants and other resources to help build a case

Making Your Decision

Public defenders are an important part of the legal system, as they are able to provide competent legal counsel for those who might otherwise not be able to afford it. However, there are drawbacks to using a public defender rather than a privately paid defense attorney. In making your decision, you have to weigh all of your options, including your finances and the potential consequences if your case ends in an unfavorable outcome. Your entire future depends on the defense team you choose. 

At Manchester and Associates our defense team is trained in the most up-to-date methods of scientific and legal expertise. We have access to the best resources and technology to build a strong defense for any situation. Do not hesitate to get in touch with the best criminal defense team.

Posted: In Criminal Defense

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Remain Silent Or Else

Before deciding to waive your 5th amendment right and talk to the police, contact an experienced attorney from the law offices of Manchester & Associates.

“[Any] lawyer worth [their] salt will tell [their client] in no uncertain terms to make no statement to the police under any circumstances.“

Justice Robert Jackson

The 5th Amendment allows those in police custody to remain silent. Many find this difficult based on the idea that remaining silent when you have nothing to hide makes you seem guilty. However, there are no laws of the United States that allow for a presumption of guilt when you remain silent. You have a right to remain silent, and you should exercise it to its full extent.

While you may think that speaking to the police will help them solve the case, or will allow you to plead your innocence, speaking with police is actually giving them evidence on you that they can and WILL use against you if charges are filed. There is no way that talking to the police will help you: you cannot talk your way out of being arrested. Professor James Duane says in “Don’t Talk to the Police,” the biggest issue with talking with the police is you may accidentally admit wrongdoing and that admission will be difficult to take back later.

Exercise Your Rights.

Remember that police have the power; you are not on an even playing field. The police are allowed to lie to you during an interrogation – they do not need to tell you all of the information they have or whether they are planning to charge you. The police utilize a lot of interrogation tactics, and they are often very successful at getting statements. As you are talking, they are putting together evidence on you, even if it is not clear to you that what you are saying is incriminating. Alec Baldwin recently had first-hand experience with the power of police interrogation after the shooting accident that killed a cinematographer and injured a director on the set of his recent movie. He waived his right to an attorney and talked to the police for hours, answering their questions and providing his own insight into what happened. After that interview, the prosecutor announced plans to charge him with involuntary manslaughter.

If your interrogation leads to charges and you do end up going to trial, it is unlikely that your entire statement will be relayed to the jury. The Rules of Evidence allow police and prosecutors to present the most damaging statements in court, while allowing them to leave out the statements that show your innocence. Professor Duane says, “What you say, can and will be used against you, but it will never be used for you.” Further, if you make contradictory statements, the jury will expect you to explain those contradictions.

Admitting anything to the police will not help your case. Even if entirely innocent and only telling the truth, any information you give to the police will be helpful to them in convicting you. 29% of the 375 people exonerated by the Innocence Project were found to be convicted in part based on a false confession. The cornerstone of our justice system is the presumption of innocence that is afforded to defendants. This presumption of innocence is a burden that has to be overcome by the prosecution. Do not lighten their burden by providing information to the police.

Constitutional rights, including the right to remain silent, exist to protect citizens from the government. The 5th amendment should not just be used by those who did something wrong. Anytime you are asked to speak to the police about an incident that you are involved in, say only one thing: “I want a lawyer from Manchester & Associates.”

Posted: In Drugs, Felony or Misdemeanor Charges, Medical Marijuana

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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.

Posted: In Criminal Defense

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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 very 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.