The U.S. Supreme Court has recently ruled (6-3) that state prisoners have no constitutional right to present new evidence in federal court to support claims they were inadequately represented at trial and on appeal in state courts. LISTENT TO NINA TOTENBERG’S...
You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.
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Can prescription drugs lead to Pennsylvania DUI charges?
Most people accused of a driving under the influence (DUI) offense in Pennsylvania get caught with alcohol in their bloodstream. However, driving under the influence includes drugged driving. The police can arrest someone for getting behind the wheel after consuming...
MIKE WINTERS ELECTED TO SERVE ON THE EXECUTIVE BOARD OF THE PA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Mike Winters was recently elected to serve as Secretary of the PA Association of Criminal Defense Lawyers (PACDL). He has served on the PACDL Board of Directors since 2016 and is also the Editor at Large for the Association’s quarterly publication, For The Defense....
What are the most common juvenile crimes committed?
Young people get arrested for all manner of crimes and infractions, and there are a lot of different reasons why this happens. For instance, many parents are often shocked to find out that their child has been arrested and it turns out that the child was being...
MEDICAL MARIJUANA CARD DOES NOT GRANT YOU THE PRIVILEGE TO REFUSE A BLOOD TEST
The PA Commonwealth Court recently held that the possession of a medical marijuana card does not permit a driver to refuse to submit to a blood test requested by a police officer who has reasonable grounds to believe that the driver was driving under the influence of...
Can lies by investigating officers play into your defense?
When the police arrest you, you will likely feel frightened and worried about your future. It is common for people to look for any sort of support or compassion that they can find in a stressful situation, and some police officers can be quick to take advantage of...
POLICE – CITIZEN INTERACTIONS: Is the “mere encounter” a mere fiction?
IS THE MERE ENCOUNTER A MERE FICTION? To any lawyer practicing criminal law in the Commonwealth of PA, it should not be news that courts are often asked to analyze interactions between law enforcement officers and citizens to determine whether the interaction resulted...
Don’t let embarrassment stop you from seeking help with a DUI
As advocates for those charged with DUI in Lancaster, Pennsylvania, we have seen all sorts of embarrassing situations. What we have not seen, we have heard or read about from our colleagues. For example, say that you are a professional (doctor, banker, etc.) with a...
When are the police on high alert for DUIs?
One of the first traffic laws that people learn is that it is illegal to drive under the influence of alcohol, yet driving under the influence (DUI) charges are some of the most common criminal offenses in Pennsylvania. Anytime someone gets behind the wheel after...
Hey … mind if we look at your phone?
The PA Superior Court en banc has recently affirmed the trial court’s suppression of cell phone data obtained by police, finding that Defendant’s “consent” to a phone data dump was not knowing and voluntary. Noting that this issue raised “an important question...