As most American adults are aware, St. Patrick's Day, celebrated on March 17th, is a festive occasion that honors the patron saint of Ireland. Over time, this day has evolved into a global celebration of Irish heritage, marked by parades, wearing green and, for many,...
You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.
Firm News
Is it illegal to drive after drinking alcohol in Pennsylvania?
Drinking alcohol is not a crime if you are of legal age, which is why adults can buy alcoholic beverages in restaurants, bars and other public establishments. In Pennsylvania, no exact law prohibits you from getting behind the wheel after having a drink. The critical...
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...
GPS DATA IS NOT HEARSAY
The PA Supreme Court has held that GPS data, compiled from a GPS monitoring device on a parolee, is not hearsay because it does not constitute a statement made by a declarant, as outlined in Rule 801, as it is not an assertion (or the nonverbal conduct) of a person....
JUVENILE COURT LACKED JURISDICTION TO ADJUDICATE JUVENILE DELINQUENT FOR CORRUPTION OF MINORS
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...
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...
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...
INMATES CHALLENGING POOR REPRESENTATION HAVE BEEN DEALT A BLOW BY THE U.S. SUPREME COURT
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...