Sucessful Results
Disclaimer: These are examples of successful results that Attorney Winters has achieved over his career. It is important to remember that every case is different and no attorney, including Attorney Winters, can promise or guarantee a particular result. Although these descriptions are based on information available through court records, the names of Andrew's clients, and the courts and locations, have generally been withheld to protect confidentially. The only exceptions are the links to published appellate decisions.
Driving Offenses
Driving While Intoxicated Not Guilty: Andrew's client was charged with driving while intoxicated after testing .08 on the breathalyzer machine. Even though .08 is the legal limit in New Hampshire, the test has a margin of error of +/- .01. Andrew was able to convince the jury that his client was not impaired at the time he was driving, and his client was found not guilty. Because the client had a prior conviction, he avoided not only a fine and loss of license, but a minimum 10 day jail sentence.
Driving While Habitual Offender and While Intoxicated Not Guilty: Andrew's client was charged with driving while a habitual offender and driving while intoxicated. On the habitual offender charge, which is a felony, Andrew's client could have faced up to five years in prison, and a minimum of one year in jail. Nobody saw Andrew's client driving but the police found his car stuck in a ditch and the client standing right next to it. Andrew presented the client's brother as a witness, who testified that in fact he (the brother) was driving, and when the car got stuck, the brother walked for help leaving the client to wait by the car. The jury believed the brother and found Andrew's client not guilty of both charges, saving him from definite jail time.
Reckless Operation Not Guilty and Loss of Commercial Driver's License Avoided: Andrew's client, a commercial truck driver, was charged with reckless operation of his truck after he rear-ended a car at stoplight. A police officer claimed that Andrew's client said at the scene of the accident that he was frustrated with the other car for not moving on a green light and so he intentionally tapped their back bumper with his truck. Andrew convinced the judge that this was impossible. His client was found not guilty sparing him loss of his commercial driver's license, which was his livelihood.
Driving While Intoxicated Loss of License Reduced: Andrew's client, a hard-working family man with no prior record, was charged with driving while intoxicated. He did not want to face the stress of a trial but was scared about losing his license. Andrew reached an agreement with the prosecutor that reduced his client's loss of license to three months instead of nine.
Underage Possession of Alcohol Loss of License Avoided: Andrew's client, who was under the age of 21, had already been convicted of possessing alcohol when he came to Andrew for help. Based on the court's recommendation, the division of motor vehicles was preparing to suspend Andrew's client's driver's license, which he needed to get to work. Andrew convinced the prosecutor and judge to change the recommendation so that the loss of license was avoided.
Conduct After an Accident Not Guilty: Andrew's client was charged with driving away from an accident. The officers claimed that paint on Andrew's clients car must have been a result of the accident but the judge agreed that the paint transfer was inconclusive and found Andrew's client not guilty (although he was convicted of possessing marijuana and had to pay a fine).
Drugs
Marijuana Possession Not Guilty: Andrew's client was living with a friend when his parole officer came by for a random check. The officer saw marijuana near Andrew's client but not in his hands. The judge agreed with Andrew that it was not clear who the marijuana belonged to, and found Andrew's client not guilty.
Marijuana Possession Conviction Avoided: Andrew's client, a young student with no prior record, was charged with possessing marijuana. Andrew convinced the prosecutor to allow his client to participate in an alternative drug counseling program instead of being convicted.
Cocaine & Marijuana Possession Conviction Reversed on Appeal: Andrew's client, who he did not represent at trial, had been convicted of possession of cocaine and marijuana after being stopped and searched by a police officer on the street. Andrew and another attorney persuaded the New Hampshire Supreme Court to reverse the conviction because the police officer had no reason to search their client. This was a legally influential decision in New Hampshire because it established greater protection for privacy rights than had previously been established. State v. Beauchesne.
Domestic Disputes
Threatening with a Firearm 3 Year Prison Sentence Avoided: Andrew's client was charged with assaulting his girlfriend and threatening her with a gun. Because a gun was involved, if Andrew's client was convicted he would have been sentenced to a minimum of three years in prison. The jury found him not guilty of the gun charge, and convicted only of a misdemeanor, for which he served less than six months in jail.
Violating a Restraining Order Not Guilty: Andrew's client was charged with violating a restraining order by appearing in a soup kitchen where his ex-girlfriend was waiting for food. Andrew convinced the judge that his client just happened to be in the same place, and was not intentionally following his ex-girlfriend. Andrew's client was found not guilty.
Assault on Girlfriend's Mother Not Guilty: Andrew's client was charged with assaulting his girlfriend's mother, who he did not get along with. Through questioning the mother on the witness stand, Andrew exposed numerous holes in her story. The judge found his client not guilty.
Assault on Ex-Wife Not Guilty: Andrew's client was charged with assaulting his ex-wife when she came to pick up their child. Andrew convinced the judge that the ex-wife was lying because she knew that if Andrew's client was convicted of assault, she could gain full custody of their child. Andrew's client was found not guilty.
Attempted Murder Conviction Reversed on Appeal: Andrew's client, who he did not represent at trial, had been convicted of attempted murder for repeatedly stabbing his girlfriend. Andrew and another attorney persuaded the New Hampshire Supreme Court reverse the conviction and order a new trial because the jury was not given the chance to consider whether to convict the client of a lesser assault charge instead of attempted murder. State v. Thomas.
Stalking Sentence Reversed on Appeal: Andrew's client, who he did not represent at trial, had been convicted of stalking his wife and sentenced to more than three years in prison. On the appeal, Andrew convinced the Assistant Attorney General that the sentence actually should have been for a misdemeanor, carrying a maximum of one year in jail. The case was sent back for the sentence to be reduced.
Assaults
Assault on an Officer Not Guilty: Andrew's client, who was already under arrest for possessing marijuana, was charged with assaulting an officer while being booked. Using an investigator, Andrew found a witness who saw a number of officers rough up the client, who they did not like from previous encounters. The jury agreed and found Andrew's client not guilty (although he was convicted of the marijuana charge and had to pay a fine).
Gas Station Fight Not Guilty: Andrew's client, who had previously been in prison, was in a gas station when he recognized a former prison guard that he did not get along with. A fight broke out that was captured on video. At trial, using the video, Andrew convinced the judge that the guard started the fight, and his client was found not guilty.
Bar Fight Fine Instead of Jail: Andrew's client got in a fight with another man in the bathroom of a bar. Both men said the other guy started the fight. The jury convicted Andrew's client of only a violation level "mutual combat" charge resulting in only a fine instead of the possibility of jail time.
Attempted Murder
Not Guilty (But Convicted of Lesser Charge): Andrew's client stabbed another man. Although he admitted to the police at the time of his arrest that he wanted the man dead, Andrew and his co-counsel convinced the jury to find their client not guilty of attempted murder. Instead, Andrew's client was convicted of first-degree, assault and received a significantly lower prison sentence.
Jail Fight Not Guilty: Andrew's client, while in jail, was charged with badly beating a fellow inmate in a fight over which channel to watch on the television. Andrew convinced the jury that the other inmate started the fight and his client was found not guilty.
Sexual Assaults
Aggravated Felonious Sexual Assault Charge Dropped: Andrew's client, a teenager, was charged with sexually assaulting a younger girl. Andrew demonstrated to the police that his client was in another place on the day of the alleged assault. The girl then changed her story, saying it actually happened on a different day. The prosecutor dropped the charge, but said he would bring a new charge based on the girl's new story. Andrew, however, continued to demonstrate holes in the girl's story until eventually the prosecutor agreed not to reinstate the charge.
Thefts
Burglary Charge Dismissed: Andrew's client was charged with burglarizing an apartment. The primary piece of evidence was a pager left at the scene of the crime, which was registered to Andrew's client. Andrew challenged the prosecutor's ability to prove ownership of the pager. On the eve of trial, the prosecutor dropped the charge, admitting he could not prove that the page belonged to Andrew's client.
Armed Robbery Confession Thrown out of Court and Jail Time Avoided: Andrew's client was charged with using a gun on a man who had previously defrauded him. After he was arrested, Andrew's client had made incriminating statements at the police station. Andrew convinced a judge that the statements were taken illegally because the police had not properly read his client his rights. After the statements were thrown out of court, the prosecutor agreed to reduce the charges, sparing his client any jail time.
Employee Theft Felony Conviction Avoided: Andrew's client was a young department store employee who admitted stealing large amounts of cash from the register over a period of months. Andrew convinced the prosecutor to reduce the charge to a misdemeanor and his client was sentenced to probation without jail time.
Crimes Against the Peace
Disorderly Conduct Conviction Avoided: Andrew's client was charged with disorderly conduct for supposedly causing a disturbance at a sporting event. Andrew produced affidavits from three witnesses who said that it was actually the police who were out of hand. The prosecutor agreed to drop the charge on the condition that the client perform 10 hours of community service, which he was happy to do.
Felon in Possession of a Firearm Sentence Reversed on Appeal: Andrew's client, who he did not represent at trial, had pled guilty to being a felon in possession of a firearm. The sentencing judge imposed a mandatory minimum three year sentence. Andrew convinced the New Hampshire Supreme Court to send the case back for new sentencing the mandatory minimum should not have been applied due to an error in the way the case was charged. State v. Taylor.
Annulments
Criminal Record Charges Annulled From Record: Andrew's client, a successful professional, had been convicted for two offenses many years earlier. He was about to apply for an important job and was concerned the record would hurt his chances. Andrew successfully convinced the judge to seal the charges, meaning they will never show up on a record check and his client will never have to disclose the convictions.
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