Will My Charges In Pennsylvania Affect My Gun Rights?

July 17, 2017By Brian Manchester

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 en...

Posted in: Gun Law

Reckless Endangerment Of Another Person Charges In Pennsylvania

July 17, 2017By Brian Manchester

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: They engage in reckless conduct that places or may place another person in danger of death or serious bodily injury. Conduct is deemed reckless when the person consciously ignores a great and unjustifiable risk that what he or she is doing will cause another person to be seriously injured. Under this statute, serious bodily injury includes an injury that causes or could cause a long-term loss in the function of a body part, or that w...

Posted in: Crimes

Domestic Violence Charges In Pennsylvania

July 17, 2017By Brian Manchester

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 ...

Posted in: Crimes

Aggravated Assault In Pennsylvania

July 17, 2017By Brian Manchester

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: An attempt to cause serious bo...

Posted in: Crimes

Recently Obtained Civil Forfeiture Results Across Pennsylvania

July 17, 2017By Brian Manchester

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...

Posted in: Civil Forfeitures

Simple Assault In Pennsylvania

July 10, 2017By Brian Manchester

Have you or someone you know been charged with Simple Assault in Pennsylvania? The charge of Simple Assault in Pennsylvania can have very serious consequences that can include up to five years in prison and thousands in fines. There are varying degrees of Simple Assault in Pennsylvania; however all of them are misdemeanors. The charge of Simple Assault in Pennsylvania is a claim that you; Intentionally, knowingly or recklessly cause bodily injury to somebody else; or Negligently cause bodily injury to another with a deadly weapon; or Attempt by physical menace to put another in fear of imminent serious bodily injury; or Conceal or attempt to conceal a hypodermic needle on your person and intentionally or knowingly penetrate a law enforcement officer or an officer or an emp...

Posted in: Crimes Against A Person

Megan’s Law Offenders In Pennsylvania And Their First Amendment Rights

July 10, 2017By Brian Manchester

Are you a registered Megan’s Law Offender in Pennsylvania? If you have been convicted of or are being charged with a sex crime in Pennsylvania this is important information about your First Amendment rights. While reading the American Bar Association Journal today I came across an interesting article on the rights on the first Amendment in our US Constitution and how powerful this right is. A recently decided US Supreme Court decision illustrated this. PACKINGHAM v. NORTH CAROLINA No. 15–1194. Argued February 27, 2017—Decided June 19, 2017. There is a law in North Carolina that makes it a felony to access the internet/websites that have any social media connection for convicted individuals who also had to become registered sex offenders. This law included individuals who had co...

Posted in: Sex Crimes

Why Was I Charged With A Felony For A Mistake On My PA Gun Application?

June 30, 2017By Brian Manchester

More and more we are seeing people being charged with Felonies where the police are claiming that they were intentionally or knowingly providing false information on an application for a firearm. In addition to this they are charged with a misdemeanor for Unsworn Falsification to Authorities. Most of the mistakes that occur on these applications stem from the Federal Law language that does not always translate properly to PA state laws. Prior Criminal Convictions When the application discussed your prior criminal convictions it ask if you have ever been convicted, plead guilty to, or pleaded nolo contender to, or no contest to a crime punishable by imprisonment for a term exceeding one year. This sounds simple but it’s not. This federal application says one year, but what it actual...

Posted in: Gun Law

Can I Have My Criminal Record Expunged?

June 30, 2017By Brian Manchester

In the state of Pennsylvania there are three ways to have your record expunged. The most common way is when an individual completes the ARD program the charges that were part of that program are eligible for expungement. The next way is if you are over the age of 70 and not arrested within the last ten years. And the final way is if you have been dead for three years. There are currently no other ways in PA to receive an expungement. The question I hear then is what about that law that was signed about a year ago that keeps employers from seeing my records. Yes that law exists and it is called a limited access expungement. What is actually does is not expunge your criminal records but seals them from employers. The legal system and police will still be able to access your criminal reco...

Posted in: Expungement

Synthetic Marijuana Victory

June 30, 2017By Brian Manchester

On May 25, 2017 Attorney Brian Manchester became the first lawyer in the United States to have a synthetic marijuana analogue drug statute declared unconstitutional by a state or federal supreme court. The Pennsylvania Supreme Court in the case of Commonwealth v. Herman found that the former analogue based synthetic cannabinoid statute was unconstitutionally vague. They also found that in order to prove a defendant guilty of the Pennsylvania State Designer Drug statute the government must prove that a defendant knew that the compound they were selling has a substantially similar chemical structure to a scheduled drug. This is a requirement that will make it extremely difficult to prove in court. This is a significant victory in that it is the first time ever a court recognized that an...

Posted in: Drugs

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Will My Charges In Pennsylvania Affect My Gun Rights? Reckless Endangerment Of Another Person Charges In Pennsylvania Domestic Violence Charges In Pennsylvania