The PA Superior Court has recently decided that a defendant's right to a fair trial and due process of law is violated when a prosecutor is permitted to suggest that the defendant’s pre-arrest efforts to retain an attorney are consistent with guilt. Lang was...
You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.

Tackling stereotypes about juveniles
At some point in time, we were all teenagers. When you were a kid, perhaps you noticed adults talking down to you or assuming you were trouble. Well, it’s no different for juveniles today. Such stereotypes are fairly common, and they can extend to the attitude of law...
EVEN THOUGH THE MARIJUANA IN YOUR BLOOD STREAM IS MEDICAL MARIJUANA, YOU ARE STILL DUI
Today, the PA Superior Court held that when a driver drives with any marijuana or its metabolites in their blood, they can be charged with DUI because all marijuana, including medical marijuana, remains a Schedule I controlled substance for the purpose of DUI...
Has your friendship group considered designated drivers?
You and your friends work so hard during the week that you barely have time to see each other. The weekend is your time for relaxation, and a large part of this involves going out in a group. You all like to have a drink, and there is certainly nothing wrong with...
JUVENILE’S FACEBOOK POST ABOUT LOOTING WAS INSUFFICIENT TO ESTABLISH ELEMENTS OF TERRORISTIC THREATS
In June of 2020, stores throughout the United States were experiencing an increase in looting due to social unrest. It was during this time that police became aware of a social media post on Facebook made by a juvenile, E.L.W. wherein she stated, “We looting Walmart...
MEDICAL MARIJUANA CARD? It still is illegal in Pennsylvania to smoke or vape marijuana while driving.
The PA Superior Court has recently held that “marijuana remains a Schedule I controlled substance under current Pennsylvania law and, therefore, the Commonwealth is not required to prove that the marijuana in an individual’s bloodstream is non-medical marijuana for...
PA SUPREME COURT: INTENTIONAL & DISCRIMINATORY USE OF RACE TO STRIKE JUROR DOES NOT AUTOMATICALLY BAR RE-TRIAL
The PA Supreme Court has held that although the prosecutor acted with discriminatory intent to peremptorily strike an African American juror, such conduct did not amount to intentional or reckless misconduct sufficient to invoke the double jeopardy protections of...
How will a Pennsylvania DUI affect your car insurance?
Getting arrested for driving under the influence (DUI) can be expensive. You have to pay court costs and fines if you plead guilty or get convicted. You could lose your license temporarily, which could cost you income or even force you to change professions if you...
A PARENT’S AUTHORITY DOES NOT ALWAYS AMOUNT TO APPARENT AUTHORITY
The PA Superior Court recently held that the parent of an adult child who lives in a separate residence did not have apparent authority to consent and allow police to make a warrantless entry into the child's home. Troy David Lehnherd was driving his truck and...
2 things to know about Miranda rights if you ever get arrested
For the better part of a century, the Miranda Warning has been part of the criminal arrest process in the United States. Following a Supreme Court ruling in the 1960s, police officers had to begin informing individuals of certain civil rights while they are in police...