Monthly Archives: December 2015

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Should I talk to police about my case without a lawyer?

Should I speak to police?

The right to remain silent in a criminal prosecution is so important that our founding fathers enshrined it in the fifth amendment of the Bill Of Rights.  Many people have heard from crime drama TV shows that when being interrogated they should exercise their right to remain silent and to request their attorney to be present immediately.  There are many levels of an interaction between police and a defendant in a criminal case, and the right to remain silent applies to all of them. Police, however have many psychological tactics and procedures in their repertoire to get you to forgo this right and to give them the evidence they need to convict you.

Many police encounters do not begin with handcuffs. Instead, they may ask you to voluntarily come down to the police station just to talk, or they may arrive on your doorstep, and inform you that you are not under arrest and they just want you to answer a few questions, and that in doing so you may avoid a formal investigation. Even in these casual encounters with police though, its important to remember your right to remain silent. Anything said in these encounters can potentially be used against you in a court of law.  In many of these “casual encounters” the police have already begun their investigation and are merely attempting to gather additional information while your guard is down. 

Also, despite its notoriety from crime dramas, the “good cop, bad cop” routine is not only real, it is very effective.  People that get arrested are often drunk or high and their mental faculties may be impaired.  Also, the inherent stress of being arrested weighs further on the mind of an offender.  Add in one officer being rude and aggressive (the bad cop), and you will find an offender looking for someone to cut him a break. Enter the good cop. The “good” cop will treat you with more respect, and seem far more willing to listen. He may inform you that the current charges are no big deal, and he understands where you’re coming from. He may also tell you that if you cooperate, he can put in a good word for you with the district attorney. You may also be promised that if you just give a statement, or write an apology letter, that the charges wont go any further. None of these promises are binding. Instead, any statements or letters provided by you will be taken in as evidence against you in a criminal prosecution.

If you have been arrested, or have received a call or visit from the police, its important that to remember that you do have the right to remain silent. You also have the right to obtain an attorney who can deal with the police on your behalf. That’s where Attorney Frank Walker comes in. As an experienced criminal defense attorney serving the citizens of Pittsburgh, Pennsylvania and Morgantown, West Virginia, Attorney Walker can be with you every step of the way in dealing with police and the District Attorney’s Office. Don’t wait until its too late, call Attorney Walker for advice today.

To set up a consultation call: 412-315-7441 for our office in Pittsburgh, PA and (304) 712-2089 for our office in Morgantown, WV.

 

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Should I represent myself for a Summary Trial?

Do I need an Attorney for a Summary Case

In Pennsylvania, crimes are divided into 3 categories, felonies, misdemeanors, and summary offenses. Misdemeanor and felony charges are the more serious offenses, while summary offenses have less serious consequences. In light of that, many people believe that its not worth it to spend the money to retain an attorney for a trial on a summary offense.  They could not be more mistaken.

First of all, many summary offenses carry with them the possibility of jail time of up to 90 days imprisonment in the county jail.  In cases with multiple summary offenses, you may receive an additional 90 days in jail for each summary offense you are convicted of. Each offense also carries with it the potential for a $300 fine in the case of most summary offenses. In the case of habitual offenders, you can find yourself paying fines of up to $1,000 cash for each offense. And again, these fines are cumulative in the case of conviction on multiple offenses. Certain offenses, such as a violation of 1543(b) Driving on a Suspended License (Alcohol Related) carry mandatory jail time.

Due to the traffic nature of most summary offenses, the possibility for a suspension of your driving privilege is a possible outcome attached to many summary trials.  You can get your license suspended either for a few months, or even an additional year depending on the offense and the status of your driver’s license.

Summary trials, especially those related to traffic are often very document intensive, including records from the Department of Transportation, employer’s records, financial records, and other documents. For these to be admissible in trial against you, they will be needed to be admitted pursuant to the rules of evidence. In many cases, a summary trial is prosecuted solely by the affiant, that meaning you are facing a police officer and not an attorney from the District Attorney’s office.  With an experienced criminal defense attorney at your side, you may have the advantage you need to challenge the Commonwealth’s evidence and get the case dismissed.  Also, due to the working relationship and experience a good attorney has with law enforcement, you may be able to strike a better plea bargain than you would be in the position to make on your own.

Even in a summary trial, its important to be prepared with a good attorney. Attorney Frank Walker can help. With experience in trials ranging from the most serious felonies, to lower grade summary offense, Attorney Walker fights to the utmost to receive the most advantageous outcome for his clients.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, 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 following a serious accident or injury.

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Getting Ready: How to Fight Your DUI Arrest

Frank Walker Law DUI Attorney Criminal Lawyer

After a night of drinking, you drive home, and on the way you see flashing red and blue lights in your rear view mirror. Its your worst fear: a police officer is pulling you over under suspicion of DUI.  After a field sobriety test, breathalyzer, and /or blood draw, you find yourself facing DUI charges.  The question on your mind is: what do I do now?

Besides the obvious advice that you shouldn’t drink and drive, there are other things you can do to help your case.  The first thing you need to do is to remember that you have the right to remain silent, and to use it.  The police are doing everything they can to build a case against you, and any statements you make (such as “I only had 2 beers”) can and will be used against you at trial.  Also, remember, that the field sobriety tests as well as breathalyzer tests are evidence gathering tools used by the Commonwealth and are for the most part completely voluntary. Pennsylvania has an implied consent law which mandates that you must consent to a blood draw or face increased penalties, but you are not required to do the field sobriety or breathalyzer tests.

Next step, and probably the most important step is to lawyer up. You need a competent attorney to help you fight the case. Someone who can teach you about the strengths and weaknesses of your case. You need someone experienced in criminal defense and specializes in handling DUI offenses.

Finally, remember to do the work. From here on out you need to comply with court rules and help build a case for a lighter sentence if you are eventually convicted. This means you need to do any counseling that is ordered, show up to your court dates on time, and help present the case that you are a strong contributing member of the community. This may include maintaining a good job, being active in the community, and strengthening family ties.  DUI proceedings are expensive, so you will want to make sure that you can build up some money to contribute towards any future fines or restitution.

If you have been charged with a DUI, getting an experienced criminal defense attorney is the best way to build a strong front line defense. Attorney Frank Walker has years of experience defending those charged with DUI offenses in the Commonwealth of Pennsylvania as well as West Virginia.  Call 412-532-6805 to set up a consultation today!

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, 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 following a serious accident or injury.

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Should You Tell Your Job About Your #DUI?

Pittsburgh Criminal Defense Attorney

When someone gets in trouble with the law, one of the first things to cross their mind is “am I going to lose my job because of this?” The answer to that question is a resounding “maybe.” This depends on the nature of your job and the steps you take after you’ve been arrested.

One of the first things to do after hiring a competent DUI attorney to handle your criminal case, is to see if your company’s human resource department has a handbook or guidelines on what to do in cases where you’ve been arrested and/or convicted of a criminal charge. Some workplaces may mandate that you report an arrest within a short period of time of its occurrence. This may be a period as little as one to three days depending on the company. Others may only require that you report a conviction, and that reporting an arrest is unnecessary. For those with professional licenses, your state’s board may require you to report a conviction for DUI or risk facing a suspension or losing your license to practice altogether. Doctors, lawyers, nurses, teachers, and several other professions all have requirements on what must be reported and when.

If you have employment where driving is an integral part of the job, sooner or later a conviction for DUI is going to come to light. Convictions for DUI or admission into an ARD program are going to come with a driver’s license suspension that may range anywhere from two months up to an entire year.  Those with commercial driver’s license will be facing further consequences to the status of their license. Professional drivers usually have provisions in their contracts requiring the immediate reporting for a DUI arrest.

Your decision to tell your employer about a DUI arrest or conviction requires sensitive consideration.  You need to review contract rules, union rules, professional licensure rules, state laws, and factor in the specter of potential jail time in your future resulting from your conviction. Even if its your first offense, how you handle yourself professionally following a DUI arrest can shape the rest of your professional future.   This is why its important to hire an experienced criminal defense attorney.

Attorney Frank Walker has specialized experience handling DUI cases for professionals from all walks of life.  Attorney Walker can help you figure out your employer and state board’s reporting requirements, and of course help you fight the underlying criminal case.  Its time to trust a true professional! Call Attorney Frank Walker today at 412-532-6805.

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense and qualified as a Pennsylvania Death Penalty Defense Attorney.

If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, 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 following a serious accident or injury.