http://www.centredaily.com/news/local/crime/article163262113.html
If you have been charged with Assault of any kind in Bellefonte, Centre County, Pennsylvania or any other crime in Pennsylvania then please call our law office at 1-800-243-4878
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Posted: In Criminal Defense
http://www.centredaily.com/news/local/crime/article163262113.html
If you have been charged with Assault of any kind in Bellefonte, Centre County, Pennsylvania or any other crime in Pennsylvania then please call our law office at 1-800-243-4878
Posted: In News, Vehicular Offenses
Washington State has a new law going into effect later this month targeting distracted driving. This new law not only does not allow the use of a cell phone or any handheld electronic device but also does not allow many other forms of distractions such as eating, drinking, and smoking. This is an extreme change in the law that would allow the police to pull you over if they believe you were doing something that could have been distracting you from operating your vehicle safely. Pennsylvania has not gone this far with its ban on texting while driving, but that does not mean that a law like this will not make its way to Pennsylvania in the future.
Pennsylvania’s current law is as follows:
No driver shall operate a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive wireless communications device for the purpose of activating or deactivating a voice communication or a telephone call. 75 PACSA § 3316.
The penalty for violating this statute is a fine of $50.00 plus cost.
The Laws in Pennsylvania are stricter on Commercial Vehicle Operators. They not only cannot text while operating a vehicle even if the vehicle is stopped in traffic, they cannot use any handheld cellular device. They must go hands free for everything, or pull off to the side of the road before operating such devices. 75 PACSA § 1621 and 1622.
If you are stopped for using your cell phone the police could use this situation to investigate other crimes such as Driving Under the Influence, Possession of Marijuana or Drugs. If the Police suspect there are drugs in the vehicle they are allowed to search your vehicle. So a simple issue of using your cell phone while driving is not only dangerous, but could led to a full blown search.
It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges 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.
Posted: In Court Procedure
If you or someone you know has been charged with a criminal offense in Pennsylvania that is a misdemeanor or felony you will be scheduled for a Preliminary Hearing. This is the first step in the criminal justice system in Pennsylvania. Depending on the crimes charged you may have already been through a Preliminary Arraignment; if not this will be part of your Preliminary hearing. Everyone who has been charged with a misdemeanor or felony in the state of Pennsylvania will have some type of bail set against them to ensure their cooperation with the criminal justice system. Bail will be set at your Preliminary Arraignment, this may have been done at the time in which you were arrested.
The preliminary hearing is the first time that you have the opportunity to challenge the evidence in which the police are claiming against you. The preliminary hearing allows the defendant to force the prosecution to put witnesses on the stand to testify. In addition, the defendant can cross-examine the witnesses and present their own evidence in your defense.
The burden is on the Commonwealth to show what is known as a prima facie case. A prima facie case consists of evidence read in the light most favorable to the Commonwealth that sufficiently establishes both the commission of a crime and that the defendant or accused is probably the perpetrator of that crime. To say that in non-legal terms, the Commonwealth must prove, by presenting evidence that if accepted as true establish, sufficient probable cause such that the Defendant committed the offense. They just have to show evidence that you likely committed this offense; not that you’re guilty, but that you are linked to these offenses. Ultimately, there are two takeaways necessary for understanding the prima facie burden of proof that the commonwealth must need at the preliminary hearing.
First, the prosecution must establish some evidence that the crime was committed and that the defendant committed it.
Second, the evidence presented must be accepted as true by the magistrate judge, which means that credibility of witnesses is not at issue at this stage. However, the magistrate is not determining your guilt or innocence at this period.
It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges 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.
Posted: In Constitutional Rights
Many different convictions in Pennsylvania will affect your ability to purchase, own, and possess firearms. Most people when they are facing criminal charges are worried about the immediate consequences such as how much is this going to cost me, how long will I have to go to jail, or how long will I be on supervision. Not everyone thinks about the secondary effects of a criminal conviction such a will this conviction affect my immigration status, does this conviction have a license suspension, or will this conviction affect my right to purchase, own, or possess firearms. These secondary consequences are called collateral consequences and not every attorney will be aware of them or know how your particular case will be affected by them.
If you are a hunter, gun collector, or even just enjoy going out to the range every now and then; a conviction in Pennsylvania even to some misdemeanor offenses can result in a lifetime ban on your gun rights. Pennsylvania statute 18 Pa CSA 6105 goes through the offenses that would result in losing your gun rights and that list is long. Some of the Offenses included are: felony offenses all the way down to a drug conviction in which the sentence could have been longer than two years, even Driving Under the Influence (DUI) convictions, if you have convicted of three or more within a five year period. Also included are individuals with active Protection From Abuse (PFA) orders and numerous Juvenile convictions.
So far I have only discussed the Pennsylvania restrictions; there are also Federal restrictions on your gun rights when you have been convicted. The Federal Firearms Act states any crime punishable by imprisonment for a term exceeding one year will not be allowed to purchase, own, or possess firearms. For crimes in Pennsylvania this means all felonies and misdemeanors of the first degree. However even if you did not receive a sentence where the maximum punishment was over two years does not mean that you were not subject to a possible sentence of incarceration exceeding one year. Meaning that your gun rights depend on what you could have been sentenced to in Pennsylvania not what you were actually sentenced to.
Do not be surprised when it comes to a collateral consequence of a criminal conviction. Especially when it is dealing with your gun rights, losing your gun rights can be devastating if you are required to carry for your employment, or even if you just enjoy hunting or target shooting. Going into a case without the right representation can have disastrous consequences beyond the immediate penalties of jail, supervision, or fines.
It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges 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.
Posted: In Crimes
What Is Recklessly Endangering Another Person?
Have you or someone you know been arrested for Reckless Endangering Another Person in Pennsylvania? This is a Misdemeanor of the 2nd degree which can carry a jail sentence of up to 2 years and a fine up to $5000. This charge is also commonly referred to as REAP.
A person commits this offense when:
This type of charge is usually connected with other charges in Pennsylvania such as DUI with an accident, Homicide by Vehicle, Homicide by Vehicle DUI, Simple Assault, Aggravated Assault, Endangering the Welfare of a Child, Child abuse, and other violent scenarios. REAP can even be charged based upon unintentional acts that hurt or endanger others in Pennsylvania. The District Attorney does not have to prove actual harm only that there was the situation in which placed a person in danger of death or serious bodily injury through your reckless actions.
The key to understanding this charge is centered on whether or not what you did was actually reckless. The police may have charged you because they believed your action was reckless, but in reality what you did may have simply been negligence. Many factors may influence the police in their decision that you were recklessly endangering another person. For example, if the police smell alcohol or find illegal drugs in your car after an accident this may affect whether they consider that your actions were reckless.
I cannot stress enough how important it is to contact an experienced firm right away to help you with these types of charges as you might be trying to “help” the police and accidentally incriminate yourself. Even if you think you are doing the right thing by talking to the police or helping them in some other manner you could be hurting your ability win against these charges and thus be facing the possibility of going to jail.
It is extremely important to contact an experienced law firm right away if you or someone you know is charged with Reckless Endangering Another Person 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.
Posted: In Crimes
Have you or someone you know been arrested for domestic violence in Pennsylvania? When the charge of Domestic Violence is involved you are dealing with family or significate others where emotions will be running high. You must protect yourself by talking to an experienced law firm because the impact of a charge like this can affect you for the rest of your life. These charges come out of anger, jealousy, or spite during breakup or arguments, sometime as a desire for revenge, whether they are truthful or not. Just being charged with Domestic Violence in Pennsylvania can have drastic consequences for you in the short term and the long term.
Domestic Violence is charged when you are being accused of attacking a spouse or person who have been a spouse, or a person living as a spouse or who lived as a spouse, parent and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.
Basically anyone with whom you are in a relationship with or living together with; spouses, former spouses, children, parents and significant others. The possible offense that Domestic Violence is attached to can be harassment, simple assault, aggravated assault, stalking, false imprisonment, sexual assault, or rape to name a few. Once these charges are levied against you the District Attorney’s office will usually go through with the charges regardless if the “victim” tells the Prosecutors that they want the charges dismissed.
When charged with Domestic Violence in Pennsylvania the first thing that will happen is your bail will be set and it will usually include a no contact provision with the “victim”. This more often than not will result in you being kicked out of your house, because you are not allowed to have contact with the victim who is living there. Meaning you will not be able to get the items you need, you will not be able to see your kids, and will have to live in a hotel or out of your car until the bail condition is changed or until the case is resolved in a manner that will allow you to return home.
If you are found guilty of domestic violence in Pennsylvania you can face a possible jail sentence with a lengthy probation sentence to follow, in addition you will lose your right to purchase or own a firearm. You may have to take anger management classes where you will receive counseling, and have to perform community service. These consequences will follow you for the rest of your life.
It is extremely important to contact an experienced law firm right away if you or someone you know is charged with a Crime in Pennsylvania where the police are claiming domestic violence. 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.
Posted: In Crimes
Have you or someone you know been arrested for Aggravated Assault in Pennsylvania also known as Felony Assault? It is important that you contact an Attorney right away as you are at risk of going to prison for years, with thousands in fines, and other life changing complications that could follow you for the rest of your life. This charge is a Felony and is considered a violent crime that usually involves serious bodily injury, there are different levels of Felony, but all of them include the possibility of going to state prison. District Attorneys and the police aggressively pursue these charges because they are at the felony level, thus it is important that you hire an experienced criminal defense attorney as soon as possible.
Aggravated assault is:
These are the three most serious possible charges of Aggravated Assault in Pennsylvania as they are all graded as Felonies of the First Degree, which means that they are punishable up to 20 years in prison and with fines up to $25,000.
The next set of circumstances that can cause a charge of Aggravated Assault in Pennsylvania are:
These circumstances would result is a grading of a Felony of the second degree in Pennsylvania which means that you would be facing the possibility of going to jail for up to 10 years and face a fine of up to $25,000.
As you can see who you are alleged to have harmed, and how they claim you harmed them, makes a very serious difference in the possible charges. No matter at what level you are charged at you are facing very serious charges that will have a life changing impact on you and your family if you are convicted. I cannot stress enough how important it is to contact an experienced firm right away to help you with these types of charges. You might think you are trying to help by talking to the police but end up accidentally incriminate yourself. Even if you think you are doing the right thing by talking to the police or helping them you could be hurting your ability win these charges and thus be facing the possibility of going to state prison for many years.
It is extremely important to contact an experienced law firm right away if you or someone you know is charged with Aggravated Assault 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.
Posted: In Civil Forfeitures
Civil Asset Forfeiture is one of the major ways in which Pennsylvania use the police to legally take possession of your property. The State has the power to seize your conveyances (usually vehicles), cash, real property, and other items of value (jewelry/watches), under the drug forfeiture statute. The police are on the look out to get these items seized then forfeited to the state, because they (the police) get to then use the funds. We have had cases from Interstate 80, Interstate 99, Interstate 81, Interstate 76 also known as the Pennsylvania Turnpike, Pennsylvania Route 322, Pennsylvania Route 11, and Pennsylvania Route 15. You are likely reading this because your cash or property was taken by the police in Pennsylvania. You are also saying to yourself you have done nothing wrong. Well that probably is true but if your cash or property has been seized that means the government says you have done something wrong. Even if you have not been charged. The government likes to say you have done something wrong so they can use the law to intimidate you using the law and their resources to keep your property. That is wrong and that is why my law firm fights civil asset forfeitures using the law and science. Below are a few of the results that we have been able to obtain for our clients using both legal and scientific defenses for our clients.
Forfeiture Results
Most forfeiture cases result is some type of settlement agreement, just like in criminal cases. However not all cases resolve in this manner. We like to get our cases listed for trial because it forces the Attorney General office to make a decision.
Interstate 81
I represented an individual stopped on I-81 in Carbon County Pennsylvania. This case was a lot like the one above, however the amount of money was less, but it was my client’s entire life savings, to which he was transporting between banks. The Attorney General was not willing to negotiate at all. So we had a trial. Through having a trial, two of the Commonwealths witnesses failed to appear. Thus he would only use the Trooper who pulled my client over. I was successful in keeping out the Dog Hit and Ion Scan, (see my blog on these defenses). The Judge ruled that the Commonwealth failed to prove a nexus between the funds seized and drug activity. The entire amount seized was returned for my client.
Interstate 80
We represented an individual who was stopped on I-80 in Jefferson County Pennsylvania and had his vehicle searched because the officers claimed that they could smell marijuana. The only thing the officer found was a bag of cash, to which the officer immediately seized. Now I need to let to know that this was a vehicle full of guys heading through Pennsylvania to get to New Jersey to gamble at Atlantic City. Obviously this ruined their trip as they no longer had any funds available to gamble with. This case ended in a settlement where we were able to secure most of the cash back to our client without the need for him to travel back to Pennsylvania for a trial.
Interstate 80, Interstate 99, Pennsylvania Route 322
We have represented multiple people that have been stopped on roads in Centre County, I-80, I-99, Pennsylvania Route 322. Recently I had two cases that settled. In one case the client agreed to settle the case for a 50/50 split as the client did not want to travel back from New York for the trial, and in this particular case drugs and drug paraphernalia were present. In another case that was settled we were able to recover almost 90% of the funds taken. The case was scheduled for trial with very good defenses. However the client lived in Ohio and would have lost several days of work if he would have had to travel in for the trial. We knew what a trial would cost my client so that is what we offered the Attorney General. They accepted, rather than take the case to trial.
If you, your son, daughter, loved one in Pennsylvania has had their property or cash seized on the highways or roads in Pennsylvania or 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 cash and property seizures often. We have taken these cases to trial and won as well as successfully settled them all across Pennsylvania. If your cash or property was seized in Pennsylvania, you have a limited time to claim your property or cash seized due to time limits set forth in the law so call us immediately. For a free consultation we can be contacted at 1-800-243-4878.