The Pa. Superior Court recently reversed and vacated the adjudication of the juvenile, J.C., for Corruption of Minors (COM), holding that where a crime under the law of this Commonwealth requires the perpetrator be an adult, such an offense cannot be deemed a...
You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.
michaelwinters
COURT’S CONCLUSION THAT CITIZEN WAS AN IRRESPONSIBLE GUN OWNER WAS UNSUPPORTED BY EVIDENCE, GUN IS RETURNED
The Commonwealth Court has recently reversed a trial court’s order directing that Appellant’s firearm be sold and the proceeds given to him, rather than returning the firearm to him. Appellant, Kenneth Trainer, “was the subject of an ‘unsupported’ criminal...
“Nudity” does NOT require that the nipple make an appearance; Sideboob and Underboob will suffice.
In this Juvenile Court case, T.Q.B. was adjudicated delinquent of transmitting sexually explicit images by a minor after she “goaded” a 12-year-old “mentally challenged” female to lift up her shirt, exposing the lower portion of her breast while T.Q.B. videoed the...
Holidays are when police are on high alert for drunk drivers
Police officers have training about what drunk driving looks like, and they constantly monitor traffic for signs of intoxicated drivers. A police officer could arrest someone on a random Tuesday morning as easily as on a Saturday night. Although drunk driving occurs...
Is a ChildLine Report a Criminal Matter in Pennsylvania?
Is a ChildLine Report a criminal matter in Pennsylvania? No. In PA, child welfare workers are not criminal investigators. However, that does NOT mean you cannot receive criminal charges from the same allegations. Reports of child abuse in Pennsylvania are investigated...
NO VIDEO, NO SUSPENSION – Commonwealth Sanctioned for failing to produce MVR
In this unreported opinion, Licensee appealed a one-year suspension based on an alleged refusal to submit to chemical testing under the Implied Consent Law. Ultimately (and after exercising much patience with the PA State Police (PSP) and PennDOT), the trial court...
Why many people accused of a DUI must install an IID
Drunk driving offenses are some of the most common crimes that occur in Pennsylvania. Some people underestimate how much they have had to drink, while others overestimate their driving skills and assume they won't be in any real danger if they drive home from a party...
3 driving behaviors that will lead to a DUI stop
Law enforcement must reasonable suspicion to stop and investigate a motorist for drunk driving or probable cause that the motorist has committed a traffic violation. In other words, if they do not have probable cause to believe that you have committed a motor vehicle...
The stakes are high in a Pennsylvania felony DUI charge
A drunk driving charge in Pennsylvania can either be a misdemeanor or felony. There is a significant difference in the potential legal penalties if you are found guilty, some of which may have lifelong effects. The level of charges you will face depends on the facts...
The legality of your DUI stop matters
The Fourth Amendment of the U.S. Constitution and Article I, Section 8 of the PA Constitution protect you from an unreasonable searches and seizures. For vehicle stops, this means that the police cannot just pull you over randomly. If they do, it may be considered an...