It Wasn’t Me: Issues in Cases of Mistaken Identity. #CriminalDefenseAttorney

Charged with a Crime based on Mistaken Identity? Contact Frank Walker Law

Hearing an eyewitness on the stand point to the defendant and say “he’s the one who did it, that guy right there” is very convincing evidence to jurors. However, in study after study, eyewitness testimony has been shown to be incredibly unreliable.  Studies show that an eyewitness’s recall of the crime can be affected by anxiety or stress, reconstructive memory, their focus on the perpetrator’s weapon, flawed lineups, and leading questions asked by the police and prosecutors.

Most crime when it happens, is unexpected and happens in the blink of an eye.  There are studies for and against the idea that the stress of a situation keeps people from being able to remember the details of that situation.  In crimes done with a weapon, there is strong evidence to show that victims focus on the weapon and are able to describe it in great detail, but are often unable to remember key attributes of the person holding the gun including things such as their height, race and hair color.

A huge issue in cases of mistaken identity are the use of police lineups and photo-arrays to identify potential culprits in various cases like Murder, Rape or Kidnapping.   There is considerable case law on how to apply lineups or display photo-arrays in a way that passes constitutional muster.  Lineups and photo-arrays must be administered in an unbiased way where the police aren’t being suggestive of who they believe the culprit to be. Also, when using photo-arrays, the photos must be chosen and displayed in a way that the suspect does not unfairly stand out from the witnesses initial description. A lineup or photo-array of all individuals of a difference race than the description provided except for the suspect would be outrageously suggestive. If lineups and photo-arrays aren’t administered properly, a good lawyer can get that evidence suppressed and excluded from being used as evidence against you.

That’s where Attorney Frank Walker can help. He has years of experience in challenging eyewitness testimony and successfully getting evidence suppressed and cases based on mistaken identity thrown out.  If you have a case where identity is at issue in Pittsburgh, PA or Morgantown, WV  Attorney Walker is the advocate you need.  Call 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for our office in Morgantown, West Virginia. Call now!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Local Attorney Supports Omega Psi Phi Fraternity Event

Brothers Rahmon Hart (92′ Iota Phi) and Attorney Frank Walker II (99′ Xi Alpha) showcase the donation.

Pittsburgh Criminal Defense Attorney Frank Walker of Frank Walker Law once again demonstrates his commitment to the Pittsburgh Community by donating $1,000.00 to the local chapter of his Fraternity, Omega Psi Phi Fraternity, Incorporated.

The donation will assist with local social events, including, but not limited to the Labor Day Weekend event that features the Famous Omega Boatride, All White Party, and Community Bar-B-QUE.

The Labor Day weekend serves as a major fundraiser for the Iota Phi chapter to support other community service, social action and mandated programs such as Talent Hunt Program, Scholarships, Sylvestor Pace HBCU College Tour, Achievement Week Dinner, Ron Foster Memorial Golf Tournament, Assault on Illiteracy – Book Drive, Thanksgiving Giveaway and Community Christmas Party.

About Omega Psi Phi

The fraternity was founded on November 17, 1911 by three Howard University juniors, Edgar Amos Love, Oscar James Cooper and Frank Coleman, and their faculty adviser, Dr. Ernest Everett Just. Omega Psi Phi is the first predominantly African-American fraternity to be founded at a historically black university.

The Local Pittsburgh Chapter, Iota Phi Chapter, was founded in 1925 and boasts a talented group of men (doctors, lawyers, clergymen, corporate executives, college professors, teachers, administrators, public officials, entrepreneurs, community leaders, service workers, etc.), who are committed to making a difference within the Greater Pittsburgh Area.

For information about purchasing passes/tickets for the Labor Day weekend, please click HERE to visit the website.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super LawyerBest Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-680524 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Written Statements: Should I Give One? #CriminalDefenseLawyer

Should I give a written statement to Detectives? Frank Walker Law

For many people, being arrested or being questioned by the police is a new and shocking experience.  The police might come to your house, or ask you to come down to the station, just to “ask you a few questions.”  Then once you get there, they ask you to sign a Miranda waiver and write down what happened with a written statement.  Or in the alternative, you might find yourself in a situation where you are immediately arrested and thrown in jail and at first officers completely ignore you and seem like they don’t care about your version of events.

Regardless of your situation, whether arrested for a DUI, Drug Crime, Summary Offense or Homicideit is understandable that you want to tell your side of the story.  Especially in a dispute involving two or more people, its hard to let the police operate with just the other person’s version of the facts without telling your side of the story.  But no matter how tempting it is to write down exactly what happened and to provide them with a written statement, DO NOT do it . Especially without talking to an attorney first.

Any written statement you provide can and will be used against you in court. No matter how innocent your statement may seem, it can be twisted and used against you.  The police aren’t asking you for a statement just because they want a fair and balanced version of the facts. They are asking you for a written statement to gather additional admissible evidence to build a case against you. A self serving written statement denying culpability is given little consideration by the police in their decision to charge you.

If you have been arrested or contacted by the police to give a statement on a situation, its important to talk to an attorney first.  A qualified attorney can present your version of the story to the police without providing them with damning evidence.  The fact that you have retained an attorney can not be used against you.  When you’re dealing with the government, its important to protect yourself. So get the best defense possible and call Attorney Frank Walker. He has years of criminal defense experience dealing with prosecutors and the police.  People are available to take your call  24/7, 365 days a year. Call 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for the offices in Morgantown.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

No Takebacks: Why You Can’t Just “Drop the Charges” #CriminalDefenseAttorney

No, you Can’t Just “Drop The Charges”. Frank Walker Law

One of the most common misconceptions about our criminal justice system is the concept of individuals “pressing charges.” You see it on tv all the time. Someone is wronged, whether it be they are hit, or they are perceived to be slighted, and they threaten the other person by stating “I’m going to press charges!”  While its true that people can report crime to the police and even fill out private criminal complaints, the decision about whether to proceed with charges or not rests solely with the office of the District Attorney.

The most common time this comes into play is in scenarios involving domestic violence.  An argument gets heated between two romantic partners, and one of the people in the fight calls the police and says the other person is attacking them. Whether its true or not, one or both of the participants gets hauled off to jail and gets charged with assault, aggravated assault, or harassment.  After some time passes, the person who called the cops decides that they no longer wish to pursue charges.  If they were lying, they call to recant what they said.  However, most of the time these people are in for a rude awakening as the District Attorney may continue to pursue the charges.

While it seems unfair, there’s reasons behind this.  First is to avoid potential witness intimidation.  Often when someone recants a police report, its because they’ve been contacted by their attacker and intimidated into retracting their claims.  Next, even if someone lied, that person is unlikely to come forward for fear of prosecution. Making a false report to police officers is a serious crime.   It ends up being a catch 22, where people who file false police charges are forced to double down on their lie to avoid prosecution.

If you find yourself in a situation like the one described above, you need an experienced attorney to successfully resolve the situation.  With the help of an attorney, the District Attorney can be convinced to drop the charges or consider alternative resolutions such as counseling, anger management classes, or some other form of help that will address the underlying issues without ending up with a conviction on your record.  With years of experience dealing with prosecutors and helping clients and their families, Attorney Walker can help. Phone lines are open 24/7, 365 at 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for the office in Morgantown, West Virginia. Call now to set up a consultation!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Common College Crime Series: #PublicIntoxication

Passed Out in Public due to Public Intoxication

Anyone who has been around a college campus, college bars and houses around 2 am on a weekend can attest to the fact that its not uncommon to see college aged kids who have clearly had too much to drink.  They may be weaving down the sidewalk, throwing up, or just generally being loud and obnoxious. It is also not uncommon to see those same inebriated people get arrested for public intoxication a few moments later.

Though the severity of the offense and the penalty for a conviction of public intoxication may vary depending on the state, there are basic principles behind the offense.  Generally speaking, and this may seem obvious from the title, to convict you of public intoxication the government must prove that you were both 1. in public, and 2. clearly intoxicated.  What constitutes a public place for purpose of the statute generally depends on its openness to the public.  For example, a private club that is closed to the public, such as one that requires membership, won’t be considered a public place for purpose of the statute.  Also some states have specific requirements that the intoxicated person must be a nuisance to the public. That requires other people being around, and that the intoxicated persons behavior interfere in some way with their enjoyment of the public space.

As for intoxication, there is no specific level of intoxication such as a BAC level that determines whether someone is per se intoxicated.  These statutes are usually not limited to just alcohol, as being under the influence of drugs, with or without alcohol,  will satisfy the intoxicated prong of the statute as well.  Whether someone is intoxicated is generally a judgment of reasonableness. For the most part, you know it when you see it. And as stated above, some states public intoxication statutes require that the intoxicated person be a nuisance to others, so if the behavior is nothing that would bother the other people there, in those states a public intoxication charge would be improper.

If you or a loved one has been charged with public intoxication, consult with an attorney.  An experienced attorney can help fight the charges, get them dismissed, or pursue alternative remedies that may avoid a conviction altogether.  Attorney Frank Walker is a lawyer you can trust to fight for you. With offices in Pittsburgh, PA and Morgantown, WV, Attorney Walker has years of experience providing zealous representation to college students and the general public.   Call 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for the office in Morgantown. Call today!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Common College Crime Series: Underage, Intoxicated, & Incarcerated: #UnderageDUIs

Can Underage Drinking Lead to Underage DUI’s? Contact Frank Walker Law Today

Alcohol related crimes are very common on and around college campuses.  For some offenses like public intoxication or underage drinking, the charge can be disposed of relatively quickly, and the defendants age can be seen as a mitigating factor. However, drinking and driving underage is a serious offense with serious consequences, which can include jail time and expulsion from school.

The most major difference in the law behind DUI offenses between an adult DUI and an underage DUI is the BAC (blood alcohol content) limit.  For most adult drivers, it takes at least a few drinks in a short period of time to be over the legal limit. However, for underage drinkers, the BAC limit is significantly lower, and can be as low as .02, .04 or zero tolerance depending on the state.  For must people underage drinkers, even one drink will put them over the legal limit before getting behind the wheel.

The consequences of being underage and getting caught drinking and driving can vary greatly.  An underage drinking and driving conviction can end up in jail, or no time served at all.  It can end up in probation, substance abuse counseling or therapy, community service, fines, suspension or expulsion from school, or a mix of all of the above.  What happens is largely dependent on the facts of the case, the laws of the jurisdiction, and how you and your lawyer handle the case post-arrest. With the right approach, you can avoid a conviction by entering An Accelerated Rehabilitative Disposition (ARD) program, or mitigate a potential sentence or expulsion by being proactive about substance abuse counseling and taking the situation seriously.

The first step to getting serious is retaining a serious attorney who knows the ins and outs of your local criminal justice system. That’s where Attorney Frank Walker comes in. Attorney Walker has a solid track record of helping college students and other underage kids that have been caught drinking and driving.  With offices in Pittsburgh, PA and Morgantown, WV, Attorney Walker has experience  with students from dozens of college campuses in Pennsylvania and West Virginia. If you or someone you know has been caught drinking and driving underage, its time to get serious about your future. Call Frank Walker today. Call 412-532-6805 to reach the Pittsburgh offices or (304) 712-2089 for the office in Morgantown. We’re waiting to take your call today!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Common College Crime Series: Underage and Under Arrest; Charges for #UnderageDrinking

Group Of Teenage Friends Dancing And Drinking Alcohol. Frank Walker Law – Underage Drinking Lawyer

Its no secret that underage drinking is a common occurrence on college campuses.  Despite most college students not reaching the age of 21 until their junior or senior years of college, college students of all ages can be seen attending parties and drinking alcohol.  The vast majority of these 18, 19, and 20 year old students will not end up facing legal consequences for underage drinking. However, being caught in the possession of alcohol or attempting to purchase it underage is illegal, and every year underage students are caught, charged, and end up with a conviction for underage drinking on their record.

At first glance, charges for underage drinking may seem like nothing but a slap on the wrist.  For many its just a small fine, or a little bit of community service.  However, the consequences can go beyond that. Depending on the circumstances, students can find themselves facing suspension or expulsion from school, significant community service time, suspension of their driver’s privileges, and a conviction that will show up on their records and affect their career when applying for jobs.

While many people just plead guilty to underage drinking charges, there are significant advantages to retaining an attorney to represent you.  A qualified criminal defense attorney can help you come up with a strategy for dealing with your school and help you avoid any potential suspensions or expulsions from school.  The suspension of your driver’s privileges is a civil action brought by the state’s Department of Motor Vehicles, and an attorney can help minimize the time you go without a driver’s license or avoid a suspension if possible.  Depending on the nature of your exact case,  your attorney can help you avoid a conviction altogether, or, if you are convicted, get the offense expunged from your record.

College is supposed to be the beginning of a bright future for our bright and eager youth population.  Don’t let an underage drinking offense derail a promising future. If you or someone you know has been caught with alcohol underage, you can afford an attorney. Frank Walker is an experienced attorney with rates so reasonable even a broke college student can afford them.  And with potential consequences to your future, you can not afford not to consult with an attorney. With offices in Pittsburgh, PA and Morgantown, WV  Attorney Walker has years of experience fighting for the rights and interests of college students on several campuses.  Visit frankwalker.com to learn more today.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Pittsburgh Criminal Attorney – 412-532-6805

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