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Andrew S. Winters

Andrew S. Winters

Cohen & Winters, Attorneys at Law
  • Personal Injury, Estate Planning, Criminal Law ...
  • New Hampshire, New York
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Biography

With over 21 years legal experience, Andrew Winters, co-founded Cohen & Winters in 2009 and has helped the firm grow considerably. After graduating from Duke University School of Law in 1999, he spent more than six years honing his skills at the public defender’s office. Since entering private practice in 2006 Andrew’s has frequently appeared in court litigating criminal, personal injury and divorce cases, achieving victories before judges, juries, and the New Hampshire Supreme Court. He also is the point person for helping firm client’s with their estate planning needs.

Practice Areas
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    DUI & DWI
Fees
  • Free Consultation
    Free thirty minute consultation by telephone or in our office in areas that we practice.
  • Credit Cards Accepted
  • Contingent Fees
    Only on personal injury cases
Jurisdictions Admitted to Practice
New Hampshire
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New York
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Languages
  • English: Spoken, Written
Professional Experience
Partner
Cohen & Winters, PLLC
- Current
Adjunct Professor for Paralegal and Criminal Justice Studies
New Hampshire Technical Institute
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Associate
Nelson, Kinder, Mosseau & Saturley, PC
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Owner
Winters Law Office in Concord, NH
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Assistant Appellate Defender
Concord, New Hampshire Public Defender's Office
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Staff Attorney
Concord, New Hampshire Public Defender's Office
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Education
Duke University School of Law
J.D. | Law
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Duke University School of Law Logo
Earlham College
B.A. (1996) | Philosophy
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Honors: College Honors
Activities: Dorm President, 1995; President of the Philosophy Student Initiative; President, Olvey-Andis Dorm
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Professional Associations
New Hampshire Association of Justice
member
- Current
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NORML Legal Committee
member
- Current
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New Hampshire Bar Association
member
- Current
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New Hampshire Association of Criminal Defense Lawyers
member
- Current
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Speaking Engagements
Family Law Update, Developments in the Law, Manchester, NH
New Hampshire Bar Association
Child Protection and Parental Rights in the United States, International Visitor Leadership Program, Concord, NH
World Affairs Council of New Hampshire
New Hampshire Juvenile Court System, International Visitor Leadership Program, Concord, NH
World Affairs Council of New Hampshire
Panelist on the Economics of Law, Economics of Law, Concord, NH
New Hampshire Bar Association
Updates in Recent Criminal Law Decisions, New Hampshire Public Defender Training, Waterville Valley, NH
New Hampshire Public Defender
Legal Answers
7 Questions Answered
Q. Can you be convicted on hearsay alone no evidence. Just a person's word against yours I have pretrial over phone call
A: Hearsay is generally not admissible although there are exceptions. It is a complicated area of the law. For example, an out of court statement by one of the parties to the case is not considered hearsay. So, if a criminal defendant makes a statement to the police after he is arrested, that statement can be used at trial (unless prohibited by some other rule). From the way you phrased your question it is possible you are misunderstanding what hearsay is. Hearsay is when a witness testifies about an out of court statement by another person. If a witness testifies to what they have personal knowledge of, that is not hearsay. So a "person's word" is not hearsay and, if it lays out all of the elements of a crime, is sufficient to convict. If it comes down to one witnesses' word against another then it is up to the judge or jury to decide who is more credible.
Q. 2021 What is the law in NH for a person with a 25 year old felony owning a bow and using it for hunting in NH?
A: If the person has a felony on his or her record then he can't possess a dangerous weapon. It doesn't matter how old the felony is. Whether a bow and arrow is considered a dangerous weapon depends on if it is "used, intended to be used, or threatened to be used, is known to be capable of producing death or serious bodily injury." (RSA 625:11, V). In one case, the NH Supreme Court ruled that a bow and arrow merely hanging on a wall was not a deadly weapon (State v. Pratte, 959 A. 2d 200 (2008)). However, if used for hunting, the result would almost certainly be different. Hunting involves using the bow and arrow in way capable of causing death or serious injury. Therefore, I strongly advise against felons using a bow and arrow for hunting in New Hampshire.
Q. Good behaviour
A: I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending? If your initial NH conviction was for a violation-level offense, you would have been eligible to petition to annul that charge one year after you finished serving your sentence (which was 1/7/20, after the one year good behavior period was completed). That would make you eligible on 1/7/21. HOWEVER, any subsequent conviction will stop you from filing a petition to annul. If you have a charge pending, but have not been convicted, no judge in the State would grant a petition to annul until your NY charges are resolved. Sorry. If you resolve your NY charges without a conviction, then a petition to annul the NH charge might be considered, depending on the circumstances.
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Contact & Map
Cohen & Winters, PLLC
64 North State Street
Concord, NH 03301
Telephone: (603) 435-3336
Monday: 8 AM - 5 PM (Today)
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: The entire focus of the Cohen & Winters team is helping good people who find the need for legal help with areas of personal injury, divorce, DUI, criminal defense and estate planning.
Cohen & Winters, PLLC
102 Bay St #2
Manchester, NH 03104
Telephone: (603) 224-6999
Monday: 8 AM - 5 PM (Today)
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: The entire focus of the Cohen & Winters team is helping good people who find the need for legal help with areas of personal injury, divorce, DUI, criminal defense and estate planning.
Cohen & Winters, PLLC
19 Hampton Rd.
Exeter, NH 03833
Telephone: (603) 333-1654
Monday: 8 AM - 5 PM (Today)
Tuesday: 8 AM - 5 PM
Wednesday: 8 AM - 5 PM
Thursday: 8 AM - 5 PM
Friday: 8 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: The entire focus of the Cohen & Winters team is helping good people who find the need for legal help with areas of personal injury, divorce, DUI, criminal defense and estate planning.