The PA Superior Court has ruled that although probation officers had the authority to stop and frisk a third party in the residence of a supervisee, they lacked reasonable suspicion to suspect that criminal activity was afoot and the officer safety concern that was...
You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.

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MICHAEL T. WINTERS SELECTED TO SUPER LAWYER RATING LIST
Attorney Michael T. Winters was recently named a Super Lawyer by a peer influenced and research driven selection process, which selects the top 5% of attorneys to the Super Lawyers list each year. Super Lawyers is a rating service of outstanding lawyers who...
How Pennsylvania handles repeat DUI offenders
The rules that apply during the criminal prosecution process depend on the allegations against the defendant. Their prior criminal record is also an important consideration. State law authorizes more lenient penalties for first-time offenders. State statutes allow for...
TROOPER VIOLATED CONSTITUTIONAL PROTECTIONS BY CONDUCTING A WARRANTLESS VEHICLE SEARCH
The PA Superior Court recently put a finer point on the exigent circumstances required for police to conduct a warrantless search of a vehicle after a vehicle stop. COMMONWEALTH v. CAMACHO, No. 62 EDA 2024 (Pa Super. 09/10/2024). In a previous decision, the PA...
What Pennsylvania state statistics illustrate about DUI arrests
Driving under the influence (DUI) offenses are relatively common. Local authorities around Pennsylvania arrest people frequently for intoxication at the wheel. How much focus local police departments put on screening for and arresting impaired drivers often depends on...
DEFENDANT SHOOTS HIMSELF IN THE FOOT WITH HIS FINGER GUN
John Williams was charged with burglary and several related crimes. At the Preliminary Hearing of the matter, the Commonwealth presented the testimony of Donald Nugent, the son of the owners of the home that had been allegedly burglarized by Williams. As Nugent was...
MICHAEL WINTERS APPOINTED TO SERVE AS A JUVENILE HEARING OFFICER
Michael Winters was recently appointed by President Judge David L. Ashworth to serve as a Juvenile Court Hearing Officer in Lancaster County. Juvenile Court Hearing Officers have the authority to preside over detention hearings, detention review hearings, and...
Was that wrong? Should I have not done that? I tell you I gotta plead ignorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frowned upon ….
The PA Superior Court has held that when a female exposes her breasts to inmates at a county jail from the street below their cell windows, her public, sexually explicit misconduct violates the open-lewdness statute. Elisabell Berrios received a call from her...
You can only drive with an IID. What about your company car?
Generally, people who are charged with drunk driving (DUI or DWI) don’t have to tell their boss or anyone at work if they don’t want to. But, if you have to drive as part of your job (beyond driving to and from work), you will need to tell your boss because you will...
Locked up? Avoid these mistakes that could undermine your defense.
Some people get arrested and may find themselves in custody for hours before a judge arraigns them. The type of charge and timing of one's arrest will affect the length pf time they are in custody. While in custody, a person will understandably focus on getting out of...