Manchester and Associates

Pennsylvania Criminal & DUI Defense

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Your Miranda Rights

We’re all familiar with it – “You have the right to remain silent” and so on and so forth. This phrase is part of the Miranda Warning, otherwise known as your Miranda Rights. But you’ve probably never really dug into what these rights actually mean for you, so I will explain them here.

Misconception about the Miranda Warning

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.

One of the main misconceptions I hear from clients is that they were never Mirandized when they were arrested. This I am sure comes from the numerous cop television shows and movies were a person is tackled to the ground and the officers immediately state the Miranda Warnings; however even if you are arrested under the law you do not ever have to be Mirandized. As long as you are not being “interrogated” these warnings never have to be given.

The main distinction here is the level of control the police are influencing over you and whether or not you are in custody and being “interrogated”. As far as the different levels of incarceration/police control, that is a complicated subject on its own and I will discuss those levels in a later post.

3 Levels of Police Control

For now, I will just state that there are three main levels of police control over an individual:

  • the “mere encounter”.
  • the “investigative detention”.
  • and the “custodial detention”.

Now Miranda rights can be given at any time but are only required during “custodial detention” and if you are being “interrogated”.

What Do I Do If My Miranda Rights Are Violated?

If they are not given in this situation and the police are using the statements that you gave to them against you, only then can you make a claim to the Court that your Miranda rights have been violated.

At this point the issue will need to be brought in front of a Judge and ruled upon to limit the police from using the statements and preclude then from testifying about the statements.

When it comes to being arrested for a DUI in Pennsylvania your right to remain silent and Miranda rights get murkier. In Pennsylvania, if you are sitting in your car and a police officer asks you questions you are not considered in custody so everything you say will get used against you.

Once you get to the hospital you are even told by the police officer you have no right to an attorney before they ask you to give blood. Not until after the blood test does a police officer give you your Miranda rights warnings. However, to even make this more complex once arrested and put into the police car if they ask you any questions then you are considered in custody and they have to give you Miranda warnings but then at the hospital in terms of the blood test you don’t have any rights. Very messed up system in Pennsylvania so you must never answer any questions the police officer asks you other than biographical data. This avoids any issues.

Other than that, remain silent and ask for a lawyer.

If You Are Charged with a Criminal Offense, Call an Experienced Attorney Immediately

If you are charged with a DUI or other Criminal offenses, contact Manchester & Associates ASAP for a Free Strategy Session.  You will use this no-obligation Strategy Session to begin building your defense and have your legal options explained to you.

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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.

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Pennsylvania Non-Vehicular Alcohol Offenses

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 [number type=”1″] . 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! [number type=”1″]

Filed Under: DUI

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Not Guilty of Aggravated Assault

On May 15, 2014 Manchester and Associates Law Firm received a total not guilty verdict in Centre County. Defendant was charged with Aggravated Assault, Simple Assault, and Reckless Endangerment. Aggravated Assault is a first-degree felony punishable by a maximum of twenty years in state prison. The minimum sentencing range is 4-5.5 years in state prison. Aggravated Assault is one step below murder.

After a day long trial and after exposing the weaknesses of the government’s case and the victim’s changing story of what happened the jury completely acquitted Defendant of all charges.

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Union County Synthetic Marijuana Case Successfully Settled

On Thursday attorney Brian Manchester settled a synthetic marijuana case for probation. Defendant owned two stores. One was in Centre County and one was in Union County. The government alleged that Defendant was selling synthetic marijuana, also known as K2, Spice, or fake pot, from his stores in Centre County and Union County. His stores were raided in February and May of 2012. Some of the alleged substances were XLR-11 and UR-144 which the government claimed were analogues of JWH-018.

Attorney Brian Manchester assembled a team of top scientists in the field and filed several scientific motions over the past two years. These hearings exposed the position of the government’s scientist. A five day trial was scheduled to begin on June 10, 2014. After the jury was picked Mr. Manchester discussed the case with the District Attorney and pointed out the issues that they would face in trying the case. This led to an offer of probation of no more than five years with the Defendant able to argue for less. A plea was entered last Thursday for sentencing in July.

The initial offer in this case was jail. This case was investigated by the Pennsylvania Attorney General’s Office. Initially there were less than a dozen charges filed against Defendant. However, the Attorney General’s office designated this as a high profile case and at the preliminary hearing almost 30 more charges were added including Corrupt Organizations, Money Laundering, Designer Drugs, and Non-Controlled Substance charges.

Charges involving synthetic marijuana are complex. The science involved is complex. If you are charged with possessing or distributing synthetic marijuana, Spice, K2, bath salts, or any other synthetic or designer drug contact the law firm of Manchester and Associates. This firm regularly handles synthetic drug cases across the state of Pennsylvania and has consulted on cases in other states.

Filed Under: DUI

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Huntingdon County Manslaughter Case Successfully Settled

Today in Huntingdon County we successfully resolved a two year old case. Our client was charged with Involuntary Homicide and Negligent Care of an Elderly Person. A conviction on the latter charge would have guaranteed a lengthy state prison sentence. These charges stem from the death of a woman who unexpectedly walked out in the middle of the night from the nursing home our client owned. From day one all of the lawyers at Manchester and Associates working as a team fought the charges. After a thorough investigation of the case and a rejection of a plea that would have put our client in jail we prepared for and was ready for trial. A jury was picked several weeks ago and this morning was to be the first day of trial. Prior to the beginning of trial the DA approached us and our client and made an offer that involved some in home detention and probation. After discussing the case with our attorney who was ready to try the case our client decided to accept this plea offer.

The resolution that came about in this case happened because of our attorney preparation and the knowledge by the District Attorney that this law firm was prepared for trial. This case once again showcases our attorney talents as a trial lawyer. If you have been charged with a violent crime such as involuntary manslaughter, homicide, or assault give us a call. Our team at Manchester and Associates will put the same effort into your case as was put into this one.

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Cameron County Second Offense DUI Dismissed

Our client was charged with a second offense DUI in Cameron County. Over the past two years Brian Manchester has exposed the blood test that is done for alcohol in that county does not conform to the law. The law requires that when a less than whole blood sample is tested (plasma or serum) the test results must be converted down to a whole blood equivalent. Brian Manchester exposed this problem in two prior trials in Cameron County. The hospital reports the blood alcohol content as a whole blood test result. So a typical lawyer will just look at the test result and tell his client that he is over the limit and then get the client to plead guilty. Well Mr. Manchester is very familiar with hospital blood tests so he requested the blood testing procedures from this hospital and they showed that serum is actually tested and the results were not converted down to a whole blood equivalent.

When Defendant was charged not only did Mr. Manchester remind the prosecution of this issue he also pointed out that the blood test was likely taken over two hours after Defendant was arrested. The district attorney then dropped the DUI offense and in court tomorrow he will enter a plea to several summary game law violations.

This dismissal came about as a result of knowing how hospitals test blood, the law, and getting the data and not being satisfied with what the police say the blood test results are. If you have been charged with a DUI offense in Cameron County call Manchester and Associates right away.

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Bradford County DUI Appeal Victory

In 2013, a client of ours was charged with their 2nd DUI offense, with the prosecution claiming they had a BAC of .147.

The problem, however, is that the blood test results were not reported correctly. Fortunately for our client, we were able to obtain the hospital’s blood testing and sample preparation procedures from another case and were able to prove that the hospital had still been reporting inaccurate results.

Although our client was found guilty of having a BAC of greater than .1, he was found not guilty on driving while impaired. Thus, he was sentenced to 30 days to 6 months in jail, but was given bail due to our pending appeal.

Conviction Overturned

At the appeal, the Superior Court overturned his conviction based on the inaccurate blood test reporting by the hospital. Our client received a complete acquittal.

The Importance of Science in DUI Cases

Cases like these are examples of when understanding the science behind DUI charges can make way for amazing results for our clients. Had Brian Manchester not studied the science behind blood testing and their procedures, it is very likely his client not would have been acquitted of his charges, but have been found guilty on worse charges in the first place.

If you or a loved one are facing DUI charges, contact Attorney Brian Manchester as soon as possible for a Free Strategy Session. We want to help.