FIRM OVERVIEW

WE SPECIALIZE IN

CRIMINAL DEFENSE

MICHAEL WINN, ESQ.

Michael Winn considers himself a different type of attorney. He does not believe plea bargains always represent the best interests of justice. He is sure law enforcement officers make mistakes. He knows criminal proceedings are taxing and demanding. He knows the State, often times, does not have the available resources to secure a criminal conviction. As a result Michael prepares each case as though it will go to trial. Nobody likes trial including prosecutors who are relying on you to take a plea.

But knowing is only the beginning. You need an attorney who is willing to fight.. An attorney who knows how to challenge the State. An attorney who will demand law enforcement personnel are held to the highest standards of honesty and integrity.

Having worked as a criminal prosecutor, Michael knows how difficult it is to secure a conviction. Michael know the mistakes law enforcement make; he know how to exploit those mistakes. Michael is committed to defending your interests in life, liberty, and property.

Michael’s passion is the law and he truly desires to help people. Michael cherishes the United States Constitution and its personal protections. Michael grew up in Utah; Utah is home. He completed his undergrad at Southern Utah University. After ten years designing software, Michael heard a new calling and graduated UNLV in 2011; he never looked back and has been involved in his community and the practice of law since.

MEMBERSHIP AND AFFILIATIONS

Licensed and insured attorney in good standing in both Utah and Nevada.

Current or past member of National Association of Criminal Defense Lawyers, Utah Association of Criminal Defense Lawyers, State of Nevada Advisory Council for Prosecuting Attorneys, American Health Lawyers Association, , National District Attorneys Association, American Bar Association, and Central Utah Bar Chapter.

VOLUNTEER
  • Operation Underground Railroad, volunteer, Utah
  • Oasis Academy Charter School-board member, Fallon, NV
  • Nevada Legal Services, Fallon, NV
  • Volunteer Attorneys for Rural Nevadans, Fallon, NV
  • Churchill County Coalition, Fallon, NV
  • Legal Aid Center of Southern Nevada-instructor, Las Vegas, NV
  • Utah Court Appointed Special Advocates for Children, Provo, UT
TRAINING
  • Utah Legal Issues in Disasters Workshop, Salt Lake County District Attorney and the Utah Department of Public Safety Division of Emergency Management (Sep. 13-14,
    2017).
  • Advanced Topics in Criminal Defense, National Association of Criminal Defense Lawyers and the Utah Association of Criminal Defense Lawyers (Jul. 13-14, 2017).
  • HIPAA for the Compliance Officer, Global Compliance Panel (2016).
  • How to Conduct a HIPAA Risk Assessment and Write Policies, Online Compliance Panel (Sep. 6, 2016).
  • Office for Civil Rights Launches Phase 2 HIPAA Audits for Covered Entities and Business Associates: Are You Ready?, Online Compliance Panel (Jul. 13, 2016).
  • Responding to Child Abuse Cases: From Investigation to Prosecution, Nevada Division of Child and Family Services (Dec. 16, 2015).
  • Prosecuting Drug Cases, National District Attorneys Association (Oct, 12-16, 2015).
  • 2015 Nevada Prosecutors Conference, State of Nevada Advisory Council for Prosecuting Attorneys (Sep. 23-25, 2015).
  • Computer Forensics in Court, National Computer Forensic Institute, United States Secret Service (Jul. 20-24, 2015).
  • Breath Alcohol Protocol, Washoe County Sheriff’s Office – Forensic Science Division (Feb. 10, 2015).
  • Trial Advocacy 1, National Criminal Justice Academy, National District Attorney Association (Jul. 7-11, 2014).
  • Effectively Investigating and Prosecuting Domestic Violence Strangulation, Washoe County Domestic Violence Task Force and  Nevada Advisory Council for Prosecuting Attorneys (Oct. 7, 2013).
  • Investigating Technology Facilitated Crimes against Children, Nevada Division of Child and Family Services (Sep. 20, 2013).
  • Juvenile Justice Conference, William S. Boyd School of Law (Apr. 12-13, 2013).
EDUCATION
  • University of Nevada-Las Vegas, Las Vegas, Nevada, Juris Doctor, December 2011
  • Southern Utah University, Cedar City, Utah, Bachelor of Science, December 1999, Business Administration, Information Systems
RECREATION

Anything and everything related to the outdoors including archery hunting, shooting, camping, fishing, riding ATV’s, boating, and spending time with family.

Criminal Defense
CRIMINAL DEFENSE

We specialize in defense of individuals and companies charged with criminal activity

All stages of criminal proceedings are critical and your best defense is retain effective counsel. State prosecutors are trained in the law and spare no expense in securing a conviction.

What should I do?

If you are accused, being investigated, arrested, or charged with a crime, your only chance at a fair hearing is to act today. Do not take a plea without first speaking to an attorney; you will regret it. Jail, fines, loss of opportunity and reputation are only the beginning of the consequences if you are convicted.

my Promise to you

You need help. I promise to aggressively defend your rights-no matter the crime. I will hold the State to its burden of persuasion and proof. I will ensure your rights are protected.

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Domestic Violence
DOMESTIC VIOLENCE

a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting

For far too long, the State has failed to protect victims of domestic violence with dire consequences. As a result the State is committed to taking such accusations serious and law enforcement officers as well as prosecutors are required by law to investigate and prosecute these violations to the fullest extent of the law.

Convicted of Domestic violence?

If convicted of a crime related to domestic violence, you will forever lose your right to possess a firearm. 18 U.S. Code § 922 (2015). In addition, you may lose your presumed right to joint child custody. Utah Code § 30-3-10(b)(1).

If you are not scared, you should be; there is, however, hope. Domestic violence crimes are difficult to prosecute and prove. Domestic violence accusations are prone to exaggeration, misrepresentation, and outright fabrication. In many circumstances, only two people know for certain what happened leaving plenty of room for reasonable doubt.

Take this charge serious. You are literally in for the fight of your life. Act now to preserve your defense and understand your rights.

Should I stay or should I go?
DUI
DUI

driving or operating a motor vehicle while impaired by alcohol or other drugs

Driving under the influence (DUI) of alcohol or any drug is a serious offense. Do not underestimate the significance of this charge. Do not enter a plea just to avoid jail time. Talk to an attorney.

Should i seek counsel?

The biggest misconception are DUI cases are not defendable, therefore, there is no point in retaining counsel. DUI investigations are highly technical and complex and as a result are prone to mistakes. It is these mistakes that mean the difference between acquittal and conviction.

DUI penalties

DUI penalties are harsh. If convicted you will be ordered to serve jail time. In addition to significant fines you will be subject to supervised probation, electronic monitoring, alcohol driving restrictions, ignition interlock device requirements, loss of driving privileges, and investigation by the Division of Occupational and Professional Licensing. Utah Code §§ 41-6a-502.5-41-6a-530. For subsequent DUI convictions the penalties are increased substantially. Finally, you are not eligible to clear your record by way of expungement for at least ten years. Utah Code Section 77- 40-105(3)(c)(1).

my promise to you

I am committed to defending DUI cases. I will request and review all police reports, determine if there are any search and seizure issues, file motions to suppress evidence, and fight this all the way.

In addition, if you want to keep your driver license, the law allows only ten days for which to request a hearing with the Utah Driver License Division; I will represent you at this hearing at no cost, but you must call today.

Should I stay or should I go?
Criminal Appeals
CRIMINAL APPEALS

asking a higher court to review certain aspects of your case for legal error, as to either the conviction itself or the sentence imposed.

Convictions are subject to review by a higher court but you must act quickly.

It is almost impossible to conduct criminal prosecutions without making a mistake. Sometimes one mistake is enough to constitute a violation of due process. Sometimes many little mistakes add up to deny defendants’ constitutional protections. The only way know is to ask for review.

Your trial attorney’s advice is certainly not the last word regarding appeal. Truth is, many trial attorneys fear being found ineffective. The last word belongs to the United States Supreme Court.

FIRM OVERVIEW
Domestic Relations
DOMESTIC RELATIONS

cases that relate to familial and domestic relationships

DIVORCE

Divorce does not have to become difficult. It does not have to ruin the entirety of your relationship with your spouse and your children. Fact is, the law leaves little to be decided by the court and not much is realized by aggressive litigation. I promise to represent your interests and help you navigate these proceedings at the least financial and emotional costs as possible.

ADOPTION

One of the few times good things happen in the courtroom. If you need help with your adoption, I would love to be part of your celebration.

CHILD CUSTODY

Nowhere are the stakes higher than when your children are involved. A child’s best interests is paramount. Getting your child to a safe, comfortable, warm, and loving environment is what I do.

PARENTAL TERMINATION

You are in trouble and will lose your children forever if you do not take these proceedings serious. It is time for you to become the person that child needs. The cards are stacked, but there is hope. I am on your side.

SPOUSAL (MAINTENANCE) SUPPORT

Courts have much discretion. Nothing is ever predetermined. Even when prenuptial agreements attest otherwise. Do not take your spouse’s or yours spouses attorney’s word for it. The law allows for much consideration and discussion. Your best bet is to hire an attorney who knows.

PROTECTIVE ORDERS

The law recognizes a protective order is a serious restraint on your liberty and demands certain procedures are in place. These proceedings are pivotal to a Court’s order. Protective order hearings are subject to rules of evidence, notice requirements, and professional conduct. Litigants are held to the same standards as members of the bar. Should you go it alone, you will be severely handicapped. The difference between winning and losing is legal knowledge.

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Additional Services
ADDITIONAL SERVICES

a variety of other law-related services we offer

ESTATE PLANNING

Estate Planning including wills, trusts, and estates

BUSINESS ORGANIZATIONS

Assistance and advice regarding business startup, formation, and filing of articles of incorporation with

COMPLIANCE  (HIPAA and PCI)

If you cannot recall the last time you conducted a self-assessment for HIPAA compliance, you are overdue. Do not become complacent. United States Department of Health and Human Services (HHS) is stepping up enforcement of HIPAA’s privacy and security requirements.

Payment Card Industry (PCI) Data Security Standard compliance. If your business accepts credit cards, you are subject to certain data security standards designed to protect card data. If you need help conducting annual self-assessments, please call. Do not wait until a data breach to take cardholder data serious.

CONTRACTS

Formation, negotiation, review, interpretation, and enforcement.

PROPERTY LAW

Property law including landlord tenant, adverse possession, eminent domain, and premises suits.

INSURANCE

Insurance claim representation.

FORFEITURE

Estate Planning including wills, trusts, and estates

FIRM OVERVIEW
CLIENT TESTIMONIAL
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