You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.
The PA Commonwealth Court has recently held that a motion to suppress evidence may be brought in a Rule 588 return of property action, regardless of whether the Commonwealth has filed criminal charges or a forfeiture action. On January 23, 2020, a Pennsylvania State...
Andrew Thomas Alexander was found guilty after a non-jury trial of one count of obscenity based on sexually explicit text messages he sent to an unidentified recipient. The trial court “struggled” with the obscenity charge and acknowledged that the definition of...
Aaron Charles Martin was convicted after a stipulated bench trial of carrying a firearm without a license. Prior to the bench trial, he had filed a Motion to Suppress the seized firearm based on the fact that it was only seized after police made an unconstitutional...
In Pennsylvania, there are three levels of DUI. These include general impairment, high BAC and highest BAC. Each of these have their own penalties upon conviction. The penalties for these charges increase each time if there are previous DUIs on a person’s record. For...
Prescription drugs are legal to use and possess when under the care of a physician. If a medical doctor recommends a certain line of treatment, you then have the right to use those specific controlled substances in accordance with your doctor's recommendations. The...
Although people often treat driving like a right to which all adults are entitled, the truth is that driving is a privilege for which one must maintain a license and meet other criteria. When the state believes that a driver's behavior, understanding of the law or...
The PA Superior Court recently held that masking and social distancing of prospective jurors during the jury selection process does not interfere with the sole purpose of voir dire: The empaneling of a competent, fair, impartial, and unprejudiced jury capable of...
The PA Superior Court has recently ruled that a driver’s nervous behavior alone does not provide a sufficient basis to warrant police to ask him to step out of the vehicle for an investigatory detention. Andrew Jordan Mattis was convicted for possession of marijuana...
Today, the PA Commonwealth Court reversed the trial court’s decision to deny licensee’s appeal of a refusal-based license suspension adding that under the circumstances, the licensee “should have been given another opportunity to complete the test.” In the case at...
Your Miranda Rights are a fundamental part of any arrest and can have a drastic impact on the legal proceedings that stem from that arrest. These rights apply to everyone arrested by the police, and the police generally need to inform you of them at that time. If they...
