Andrew S. Winters

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.

Duke University School of Law

J.D. | Law

1996 - 1999

Earlham College

B.A. (1996) | Philosophy

1992 - 1996

Honors: College Honors

Activities: Dorm President, 1995; President of the Philosophy Student Initiative; President, Olvey-Andis Dorm

Partner

Cohen & Winters, PLLC

2008 - Current

Adjunct Professor for Paralegal and Criminal Justice Studies

New Hampshire Technical Institute

2004 - 2011

Associate

Nelson, Kinder, Mosseau & Saturley, PC

2007 - 2008

Owner

Winters Law Office in Concord, NH

2006 - 2007

Assistant Appellate Defender

Concord, New Hampshire Public Defender's Office

2004 - 2006

Staff Attorney

Concord, New Hampshire Public Defender's Office

1999 - 2004

Ravin Revisited: Do Alaskans Still Have a Constitutional Right to Possess Marijuana in the Privacy of Their Homes?

Alaska Law Review

November 23, 1998

Family Law Update, Developments in the Law, Manchester, NH

October 27, 2017

New Hampshire Bar Association

Child Protection and Parental Rights in the United States, International Visitor Leadership Program, Concord, NH

April 30, 2018

World Affairs Council of New Hampshire

New Hampshire Juvenile Court System, International Visitor Leadership Program, Concord, NH

March 21, 2016

World Affairs Council of New Hampshire

Panelist on the Economics of Law, Economics of Law, Concord, NH

April 3, 2015

New Hampshire Bar Association

Updates in Recent Criminal Law Decisions, New Hampshire Public Defender Training, Waterville Valley, NH

September 16, 2005

New Hampshire Public Defender

New Hampshire Association of Justice

member

2013 - Current

NORML Legal Committee

member

2006 - Current

New Hampshire Bar Association

member

1999 - Current

New Hampshire Association of Criminal Defense Lawyers

member

1999 - Current

New Hampshire

Since 1999

New York

Since 2003

• 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

Q. Can you be convicted on hearsay alone no evidence. Just a person's word against yours I have pretrial over phone call

May 18, 2021

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. ... Read More

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?

April 3, 2021

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. ... Read More

Q. Good behaviour

February 8, 2021

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. ... Read More