Manchester and Associates

Pennsylvania Criminal & DUI Defense

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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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ROR Bail

One of the most common types of bail is ROR Bail, or “released on own recognizance.”

What Is ROR Bail?

What it actually is, is a promise to appear at all future court proceedings, not requiring any form of cash or property collateral like other forms of bail. There are often conditions imposed by the court that you will read about soon.

Can You Get ROR Bail?

All charges except for homicide are eligible for bail.

Whether or not you can get ROR bail from a court depends on a list of factors such as:

  • The severity of the offense.
  • Your history of prior offenses and whether you’ve made your past court hearings.
  • If you are considered a flight risk.
  • Your background check.
  • Family and ties to the community.
  • Your employment status.

Examples of criminal offenses that are commonly approved for ROR bail are:

  • DUI
  • Drug Crimes
  • Other non-violent offenses.

Overall, you must not be seen as a threat to the community and the judge is sure you will appear for court. You also must not be seen as a flight risk.

What Happens If ROR Is Granted or Denied?

If ROR is denied then you will need to post bail whether it is with cash or property as collateral.

If it is granted, you may face many stipulations such as:

  • Travel restrictions.
  • Stay-away orders.
  • Rehab classes.
  • Check in with a supervising officer.

What Happens If I Violate My ROR Bail Conditions?

Your bail will be revoked and you will be brought back to jail.

Unlike unsecured bail, there’s no monetary penalty set for a bail violation. However, by violating your bail conditions whether it is court-imposed restrictions or not appearing for a court date, you may face steeper legal penalties if convicted of what you were charged with.

What Is Next After ROR Bail?

Generally if you are granted ROR bail, the crime you are charged with is eligible for the Accelerated Rehabilitation Disposition (ARD) program. The ARD program is often where a lawyer comes in.

An experienced lawyer can successfully help you apply for ARD and have your charges dismissed or expunged after completion of the program.

Those who don’t qualify for ARD often are eligible for probation rather than jail time.

Why Bail Type ROR May Be Denied

Why ROR may be denied is for similar reasons it is granted, but with a few differences:

  • The nature of the offense.
  • Lack of ties to the community.
  • A prior criminal record.
  • Past instances of non-compliance with bail.
  • Past attempts to flee prosecution.
  • Your character.
  • Any known addictions to alcohol or drugs.
  • All other relevant factors.

What Do I Do If I Need Help With Bail?

Throughout the years, Brian Manchester and his associates have helped their clients be released on ROR bail whether it’s by getting them in touch with the best bondsman serving Pennsylvania or guiding them through the process themselves.

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What is Institutional Sexual Assault and its Punishments?

18 Pa.C.S.A. § 3124.2§ defines Institutional sexual assault.

Institutional sexual assault specifically applies to sexual contact between two individuals who have a specific relationship. The law includes out many individuals who may be charged with this offense, including employees of the following:

  • Department of Corrections or another correctional authority.
  • Juvenile detention facilities run by the state or county
  • Youth forestry camps, Youth development centers.
  • Groups homes or other residential facilities that serve youth.
  • Mental health facilities. Employees of any of these institutions may be charged with institutional sexual assault if they have sexual contact with a resident, patient, or inmate of the facility in which they work.

Employees of these institution may be charged with ISA if they’ve had sexual contact contact with a resident, patient, or inmate of the facility where they work.

Punishments for Institutional Sexual Assault

Punishments for Pennsylvania institutional Sexual Assault can include:

  • Jail or prison up to 7 years.
  • Fine from $2,500 to $15,000.

The punishments for ISA are rather severe. This is because the employees are responsible for the safety and welfare of those they deal with. In most cases, the person who is sexually assaulted is unable to leave the facility, adding to the severity of the chargers.

Examples of Institutional Sexual Assault Charges

In 2018, Lackawanna County Prison recently had a high profile case where 7 current and former Correctional Officers were charged with Institutional Sexual Assault (among other crimes) of inmates occurring over a period of several years. The guards allegedly used their positions of authority to coerce the women into performing sex acts on them in multiple locations including cells and utility closets. The guards promised the women things like extra phone time, food and cigarettes.

In 2017, a female prison guard was also charged with, and convicted of, institutional sexual assault. A 42 year old Chambersburg woman pled guilty and stated that she touched a male inmate’s in his 20’s genitals. She was sentenced to 2 months of incarceration and 4 months of electronic monitoring.

If Charged, Call an Experienced Lawyer

If you find yourself, or a loved one finds themselves accused of Institutional Sexual Assault, it is crucial to call a Criminal Defense Attorney immediately. For a Free Strategy Session, contact Manchester & Associates immediately to begin building the defense against these charges. We want to help.

 

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Distribution of Child Pornography | Case Study

Distribution of Child Pornography

Child Pornography charges have tremendous consequences for those convicted in the State of Pennsylvania. In “Child Pornography Charges in Pennsylvania”, we discussed how these charges can effectively result in a ‘life sentence’.

Now we will examine US v Scott, a child pornography case that shows how possession of child pornography can lead to distribution charges, and how those distribution charges can be fought against.

                US v Scott 

Jason Scott pleaded guilty to one count of possessing child pornography and was sentenced to 108 months in prison and a lifetime term of supervised release. He appealed the district court’s calculation of his Sentencing Guidelines range as well as the length and conditions of his supervised release.

A grand jury indicted Scott on one count of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and three counts of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A). He originally pleaded guilty to one count of receiving child pornography and was sentenced to 235 months in prison and a ten-year term of supervised release. However, this conviction was vacated after Scott filed a motion alleging that he pleaded guilty because his lawyer assured him that the district judge had told a mutual friend that Scott would get “hammered” if he went to trial, but that the judge would “take it easy on him” by sentencing him to only five years if Scott pleaded guilty.

The second time around Scott pleaded guilty again to a single count of possessing child pornography. This plea’s stipulated factual basis agents conducting an investigation into the use of a computer program called LimeWire determined that Scott’s computer “was actively downloading and possessing child pornography.” Law enforcement was able to download three illicit videos from the “shared” Limewire file folder on Scott’s computer. Through a forensic examination of Scott’s computer they confirmed that those videos were downloaded from the internet. The placement of files in the shared folder is part of Limewire’s default (but optional) settings.

Scott’s Presentencing Report (PSR) stated that he had used LimeWire to traffic in child pornography. The PSR recommended a five-level enhancement under U.S. Sentencing Guideline § 2G2.2(b)(3)(B) for “distribution [of child pornography] for the receipt, or expectation of a thing of value, but not for pecuniary gain.” Scott objected to this enhancement, arguing that a two-level enhancement under § 2G2.2(b)(3)(F) for “distribution other than distribution described in subdivisions (A) through (E)” should be applied instead. The PSR disagreed with this position, telling the court that Scott “had the file sharing function of [LimeWire] turned on … allowing him to not only receive … but to ‘distribute’ child pornography.” The PSR added that § 2G2.2(b)(3)(B) applies when a defendant trades in child pornography in exchange for child pornography.

Scott disagreed and argued to the court that he had been convicted of possession, not distribution, of child pornography. He stated that Government had not presented any “evidence that he knew he was making child pornography available to others or that he was a sophisticated computer user who might be presumed cognizant of the sharing.”

  • 2G2.2(b)(3)(B); Receipt, or Expectation of a Thing of Value

The issue in Scott’s case was whether he distributed child pornography “for the receipt, or expectation of receipt, of a thing of value” so as to warrant a five-level enhancement. The Fifth Circuit stated that a sentencing court must make a “requisite finding” that a defendant used LimeWire to “download and distribute child pornography” within the meaning of § 2G2.2(b)(3)(B). The sentencing court had concluded that Scott “by using LimeWire and other peer-to-peer file sharing programs, agreed to share the child pornography he gathered.” The 5th Circuit Court of Appeals remanded Scott’s case back to the sentencing court with instructions that the court must determine “whether the Government has met its burden of proving by a preponderance of the evidence that Scott knowingly used LimeWire in ‘the kind of exchange contemplated by § 2G2.2(b)(3)(B).’”

In short, the sentencing court did not make an “express finding” that Scott “knowingly used LimeWire to exchange child pornography” sufficient to create an “agreement” to distribute child pornography stored on his computer in exchange for “additional child pornography.”

Because of this the Fifth Circuit remanded Scott’s case back to the sentencing court with instructions that the court determine “whether the Government has met its burden of proving by a preponderance of the evidence that Scott knowingly used LimeWire in ‘the kind of exchange contemplated by § 2G2.2(b)(3)(B).’”

 

 

 

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Student Crimes

Every parent wants their child to reach their full potential. However, your child’s future can be seriously compromised if he or she is accused of committing a crime, or accused of violating a high school, college, or university’s Code of Conduct. Depending on the type of allegation, your child may be required to attend a student disciplinary hearing and could potentially be criminally prosecuted. Irrespective of whether the allegations are mere violations of school policy or involve breaking state or federal law, your child needs aggressive legal representation to preserve and defend their future if charged with student crimes.

Common Student Crimes

Student disciplinary hearings can stem from behavior either on or off campus. The hearing may be instigated in one of several ways, for instance, an investigation by the Office of Student Conduct, or by a similar group or department. If the alleged behavior is criminalized, for example, assault, rape, or theft of property, criminal charges may be filed by a prosecutor.

Students are commonly charged with or accused of several code violations and criminal offenses, which can include:

  • Alcohol-Related Charges
  • Intoxicated Driving
  • Public Intoxication
  • Underage Drinking
  • Drug Possession and Distribution
  • Cocaine Possession
  • Ecstasy Possession
  • LSD Possession
  • Marijuana Possession
  • Selling Marijuana
  • Drunk Driving/Driving Under the Influence (DUI)
  • Breathalyzer Refusal
  • Marijuana DUI
  • Open Container Violations
  • Fake ID Charges
  • Making Fake IDs
  • Selling Fake IDs
  • Using a Fake ID to Buy Alcohol
  • Sex Crimes
  • Rape
  • Revenge Porn Offenses
  • Sexual Assault
  • Statutory Sexual Assault (Statutory Rape)

Other Offenses:

  • Bomb Threats
  • Cheating
  • Disorderly Conduct
  • Gun Possession/Possession of Weapons
  • Hate Crimes
  • Hazing
  • Identity Theft
  • Plagiarism
  • Shoplifting
  • Vandalism/Destruction of Property

Penalties for Violating a School’s Code of Conduct

The punishment for violating a student Code of Conduct – or for breaking state or federal laws – is varied and depends on factors like:

  • School policies, if the matter is non-criminal.
  • The severity of the alleged offense.
  • The student’s history and background.
  • Whether there were aggravating or mitigating factors.

Depending on the specific policies at the particular academic institution, the school may impose a variety of sanctions ranging from minor punishments to permanent expulsion. These potential punishments could include:

  • Expulsion
  • Letters of Reprimand
  • Probation
  • Suspension
  • Transcript Notations
  • Written Warnings

If law enforcement and prosecutors become involved in the investigation and charges are filed, the student can face much graver consequences. The consequences are particularly grave if the student is 18 or older, and if the charge is especially serious. The penalties for a criminal offense depend largely on whether the crime is a felony, summary offense, or a misdemeanor, as well as the degree of felony or misdemeanor. The criminal penalties for these offenses depends on the severity of the charges, the student’s age and history, and other factors. These penalties could include fines and restitution, mandatory community service, probation, and even jail or prison time. Further, there are certain allegations that cause a juvenile to be charged and tried as an adult.

 

Both parents and students need to remember that every scholastic institution has its own procedure for dealing with student Code of Conduct violations. Hiring a defense attorney who understands the procedures and regulations used at your child’s school is paramount.

If You or a Loved One Are Facing Charges While in School – Call Now!

If your son, daughter, or grandchild was arrested and charged with a crime at college, or is under investigation for suspected violations of their school’s Code of Conduct, defense attorney Brian Manchester is ready to fight aggressively to protect their rights. For a free and confidential legal consultation about a student hearing or criminal charge against a student or minor, contact our law offices at 1-800-243-4878.

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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.

 

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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.

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How Criminal Convictions Affect Social Security Benefits

Can Felons Receive Social Security? Yes, But With Exceptions

The general rule is that a person who is convicted of a felony can still receive Social Security benefits once they are released. However, like every rule, there are exceptions. A felony conviction will deem you ineligible to receive Social Security Disability Benefits if:

  • Your disability was caused by your felonious act
  • Your disability was made worse by your felonious act
  • Your disability arose while you were imprisoned for committing a felony
  • You were convicted of treason, sabotage, or a similar crime
You Can’t Receive Survivors’ Benefits by Killing a Spouse or Parent

In addition, if you became a widow or orphan by killing your spouse or parent, you are ineligible to receive Social Security survivors’ benefits. In sum, just because you were convicted of a felony in the past, does not mean that you are ineligible to receive Social Security benefits. Rather, you simply must meet the general criterion for qualifying. For social security, this means you are either 65 or older, or blind, or have a qualifying disability, or have little to no income or financial resources.

Social Security Unavailable for Felons Currently in Prison

As for felons who are currently imprisoned, Social Security benefits are not available. The rationale behind this rule is while imprisoned, the person’s food, shelter, and medicine are being paid for already.

Those that received Social Security Disability benefits prior to becoming imprisoned will have their benefits suspended during imprisonment, but benefits will be reinstated 30 days after they are released. Please note if you are in jail for part of a month you lose that month’s benefits.

Say you were sentenced to 45 days and the sentence starts on June 29. You lose benefits for June, July, and August. So, the sentence and timing are very important.

No Need To Re-File for Disability Benefits if Suspended for Less than a Year

A person does not need to file a new disability application if their benefits have been suspended for less than one year. However, if they were imprisoned for more than one year, a new disability application is required.

You Can Apply While In Prison

A convicted felon serving time is prison may be able to apply for benefits while still imprisoned if the penal institution has a pre-release application procedure. If not, they must wait until they are released to apply for Social Security benefits.

If you or someone you know has questions about how criminal convictions may affect one’s ability to receive Social Security benefits, Brian Manchester has been practicing criminal law for 18 years, and can be contacted at 1-800-243-4878.