Manchester and Associates

Pennsylvania Criminal & DUI Defense

Legal Blog

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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. 

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Pennsylvania is Fighting to Change Statute of Limitations Laws

Sex Crimes Statue of Limitations – You Only Have So Much Time To Report It

The purpose of a statute of limitations is to ensure claims are brought within a certain time period. It does not matter how legitimate the charge is, or how clear the evidence is…if the statute of limitations has expired, the claim cannot be brought. Clock representing the time of statute of limitations.

For example, Pennsylvania’s statute of limitations for trespass is 2 years. If you filmed your neighbor trespassing on your property, made a DVD of the video, but waited 2 years and 1 day to bring the claim, the claim will be barred by the statute of limitations even though you have caught your neighbor red-handed.

The current issue in Pennsylvania right now pertains to sex crimes. Right now, the statute of limitations in Pennsylvania permits victims of child sex abuse to come forward with criminal allegations until they are 50 years old. As for civil claims, the alleged victim must bring the claim before they are 30 years old.

PA State Politicians Proposing New Laws For Victims of Sex Abuse

In lieu of a report published by Attorney General Josh Shapiro, which found 301 priests committed sexual abuse against children in the past, politicians in Pennsylvania are proposing to add a two-year window for victims of previous sex abuse. This window would allow alleged victims to file claims retroactively, regardless of their current age, or how long ago the sexual abuse occurred.

Right now, only 2 of the 301 priests identified have been charged, given the current statute of limitations has expired in all other cases.

Opposition to New Laws

The Pennsylvania Catholic Conference opposes any attempt to modify the current laws regarding the current statute of limitations. The reason being is thousands of Pennsylvania residents have claimed they were sexually assaulted by Catholic priests while they were children.

Thus, if Pennsylvania modified the current law to allow those alleged victims to come forward with sexual assault allegations, the Pennsylvania Catholic Conference would be forced to defend themselves against countless sexual assault allegations.

Some politicians that agree the current statute of limitations should not be modified reason that most of the sex crimes were committed several years ago, and the Catholic Church has since instituted reforms to prevent any further sexual abuse.

New Laws May Allow Frivolous Sex Abuse Accusations

In addition, the window would allow claims to be brought regardless of when they were committed. Those who oppose the window say this is problematic, given it is very difficult to defend claims from the 1940s or 50s, and the majority of priests who committed the crimes are dead. Nevertheless, the modern trend seen in other States is to abolish statutes of limitations for the criminal prosecution of crimes related to child sex abuse.

If you or someone you know has questions about statutes of limitations in Pennsylvania, Brian Manchester has extensive training in criminal defense and has been practicing criminal law for 18 years, and can be contacted at 1-800-243-4878.

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How a DUI in Pennsylvania Can Jeopardize Your Doctor’s License

Don’t Make the Common Mistake in Thinking a DUI Will Not Affect Your License

If you are a doctor that has been charged with DUI, you should not make the common mistake of believing the DUI will not affect your medical license simply because it relates to conduct outside of the medical practice.

Not only is the Pennsylvania State Board of Medicine aggressive in disciplining doctors with DUI convictions, it is likely your employment contract also prohibits such alcohol related convictions. You have to be proactive in dealing with and defending the DUI charges filed against you.

You Have 30 Days to Notify the PA State Board of Medicine

Not only are there important dates that you have to be aware of regarding the criminal charges, there are also important timelines that you must follow as to the Bureau of Occupational Affairs and the PA State Board of Medicine. Once you receive your DUI charges you have 30 days to notify the them that you have been charged with DUI. Furthermore, if you are convicted of DUI, or are placed on ARD you have 30 days from sentencing or placement on ARD to notify these organizations as well. I have set forth more specific law on the reporting of convictions to show just how important it is to take these charges seriously.

In Pennsylvania, Act 6 of Pennsylvania’s Medical Boards says that any person holding a license, registration, certificate, or permit issued by a licensing board or commission under the Bureau of Professional and Occupational Affairs shall notify the appropriate licensing board/commission within thirty (30) days of the occurrence of any of the following:

  • A disciplinary action taken by a licensing agency of another jurisdiction.
  • A finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, probation without verdict, disposition in lieu of trial or an accelerated rehabilitative disposition (ARD) or any felony or misdemeanor offense.
Not Disclosing Arrests, ARD Placement, or DUI Conviction Can Result in Loss of License

If you are placed on the ARD program that does not automatically mean you will lose your license to practice medicine. However, an ARD or a conviction may trigger a hearing before the Bureau of Occupational Affairs whereby your fitness to practice medicine may be called into question. It is important to know that a failure to disclose an arrest for DUI, and ARD for DUI, or a conviction for DUI conviction within thirty (30) days can result in loss of your medical license just because you did not disclose the arrest.

Cooperate and Demonstrate Responsibility Before the Medical Board

The Medical Board may conduct an interview and their own investigation into you and your DUI to determine if your license should be suspended or revoked. Demonstrating responsibility and being cooperative will go a long way in helping keep your license. But it is important to be very careful as to what you cooperate on and what you disclose. Their system, especially their “voluntary” alternative programs, are not all what they portray them to be and are not really designed to help doctors get through the program easily.

Know Your Options – Get an Experienced DUI Attorney Familiar with Medical Licensing

It is important to know your options if you are a doctor charged with DUI. Brian Manchester has extensive training in DUI 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 Strategy Session, we can be contacted at 1-800-243-4878.

 

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How a Pennsylvania DUI Can Affect your Teaching Career

A DUI can be detrimental to a teacher’s career if not handled properly. The Pennsylvania School Code Section 111 requires teachers, principals, school nurses, coaches, cafeteria staff, janitors, and virtually any other employee of a school to disclose a DUI conviction to the school. This amendment became effective on September 28, 2011.

With all school employment applications, Subsection (b) of Section 111 of the Pennsylvania School Code requires a criminal history report to be obtained from the Pennsylvania State Police. Subsection (c) additionally requires the prospective teacher or school employee to submit fingerprints which will be sent to the F.B.I.

Subsection (f)(1)(3) asks specifically for convictions related to DUI to be provided. This subsection requires a three (3) year ineligibility period for a prospective employee convicted of a second DUI if it is graded as a misdemeanor of the first degree. Any second offense DUI where the driver’s BAC is above .16% or a refusal of chemical test, and any third or subsequent DUI offense with a BAC of .10% or higher (or an accident is involved) is graded as a misdemeanor of the first degree. For example: In 2015 an individual is convicted of a second DUI while their BAC was .16% and received a sentence of 5 years intermediate punishment.  That person would be ineligible for prospective employment in a school until 2023 – the 2015 sentence expires in 2020 at which point the three-year ineligibility period begins to run.

A current school employee is not automatically rendered ineligible if they receive a DUI. However, the fact that a DUI is not an offense that requires an automatic period of ineligibility for a current employee should be of little comfort to current employees that get a DUI. They could be subjected to ineligibility provisions: Subsection (f.2) states that nothing in this subsection shall interfere with a school’s ability to make employment, discipline, or termination decisions. Thus, the school is free to terminate a current employee because of the DUI, in which case the employee would be seeking prospective employment. Therefore, because a prospective employee is ineligible for three (3) years from the expiration of their sentence, the terminated employee would not be able to gain new employment at a school until the period of ineligibility ended. Lastly, current teachers with a qualifying DUI would not be able to move to a new school district under any circumstances until the completion of their period of eligibility. Essentially – if you are a current school employee charged with a DUI, your best option is to find a way to keep your current position.

Don’t Assume You’ll Lose Your Job or Teaching Credential

It is important to know your options if you are a teacher charged with DUI, and you should not assume that you will lose your job or teaching credential. Brian Manchester has extensive training in DUI 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.

Arizona

If you are charged in Arizona, Manchester & Associates recommends DUI Defense from the law offices of Brian D. Sloan.

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Underage DUI

Two Crimes  For The Price Of One

If you are under the age of 21 and consumed alcohol before driving, you knew you were in trouble the moment you got pulled over and may face underage DUI charges. Driving under the influence is illegal in Pennsylvania, but so is underage drinking. What happens when you are accused of both?

Underage DUIs

The first thing you need to know is that any driver under the age of 21 who is arrested for DUI in Pennsylvania is automatically charged under Pennsylvania’s high BC tier. Even if this is your very first offense and even if you only had a minimal amount of alcohol in your system, your punishment is going to be severe.

The minimum penalties at the High Impairment tier include at least two days (and up to 6 months) in jail, a fine of anywhere between $500 and $5,000, and a 12 month license suspension. This means you won’t be driving again for at least a year.

The Consequences Don’t End There

Drivers under the age of 25 – even those with clean records – pay a lot more for car insurance than older drivers do. If you factor in an underage drinking DUI, your insurance rates will skyrocket; that is, if you can even find someone willing to insure you.

Even worse, your DUI conviction will be noted on your permanent, public criminal record, which can be accessed by all future employers, landlords, lenders, neighbors and anyone else with an interest in your past. Having a DUI conviction on your record can even affect your future interactions with college admission departments and could potentially impede your ability to obtain a job in your chosen profession. If you are in college, you can also face disciplinary action from your school.

Hire An Experienced Attorney

If you are facing DUI charges and are underage, you should hire experienced attorney that knows the ins-and-outs of DUI cases, including:

  • How police test for DUI (sobriety tests), and knowledge of how to point out inaccurate police testimonies.
  • Scientific knowledge of blood tests and how faulty they are, with experience using the equipment used in the lab.
  • For university students, you must hire an attorney experienced in student disciplinary proceedings.

If you are looking for an experienced attorney who is experienced in debunking police tests, blood tests, and is familiar with student disciplinary proceedings, call Brian Manchester at any time for a Free Strategy Session so we can get to know you and help you through the charges set against you.

 

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Medical Professionals Affected By A Pennsylvania DUI

DUI convictions can have serious ramifications for licensed medical professionals. Here is an overview of what you may face if you’re a doctor, dentist, nurse, or EMT and you’ve been convicted.

Doctors

A doctor convicted of a DUI is subject to a hearing before the State Medical Board to evaluate his or her character and fitness to practice medicine. You may have to report any criminal charge, regardless of whether a conviction actually took place, or you may simply lose your ability to practice medicine.

A DUI conviction can also impact your ability to obtain malpractice insurance, or cause your insurance rates to increase dramatically.

Dentists

If you are a dentist convicted of a DUI, you are required to report the conviction on your license renewal application. If you are a first-time applicant, you are also required to disclose this information on your initial license application. A conviction can impact your ability to obtain malpractice insurance, or cause your insurance rates to skyrocket.

Nurses

A nurse convicted of a DUI will be required to report the conviction, plea, or ARD program participation or reciprocal discpline to the Pennsylvania State Board of Nursing at biennial renewal.

EMT’s

If you have been convicted in the last four years of a DUI in Pennsylvania, it is unlikely you will be able to receive EMT certification. If you are currently an EMT facing DUI conviction, you will be required to report it to the PA Department of Health within 30 days, and will probably receive an automatic license suspension.

If you are a licensed professional, or will be seeking a Professional License in the state of Pennsylvania, and you are facing a PA DUI charge, it is imperative to seek help from an experienced DUI attorney who works with Professional Licenses.

 

Filed Under: DUI