Monthly Archives: January 2016

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Sex, Alcohol, and Consent on College Campuses. #CriminalDefenseAttorney

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Sex, Alcohol, and Consent on College Campuses – Frank Walker Law

College is a time where many adults begin living on their own and take their first steps into personal responsibility. For many young adults, it is also a time for experimentation with drugs and alcohol, and their first time living alone.  A college campus is a great place for young people to meet others in their age group, socialize, and pursue relationships.  However, the combination of youth, drugs and alcohol, and inexperience can lead to difficult situations in the eyes of the law.

Accusations of rape, sexual assault, and other sex and alcohol related crimes are common in a college campus setting.  In these cases usually there is no dispute as to whether sex occurred, instead the issue centers around whether that sex was consensual. Unfortunately in most cases of sex related crimes there is limited evidence outside the testimony of the two individuals involved. Add in alcohol or drugs, and even the two people’s memories of who were there that night may not reflect the reality of exactly what happened.

When these events are reported to the college, what happens from there can spiral out of control. College Administration, in attempts to protect their reputation as safe for students and unwilling to put themselves at risk by making hard decisions, often suspend or expel those accused of sexual misconduct without opportunity for a hearing or meaningful investigation into what happened.  This can end a promising career and future for a young college attendee before it even gets started.

Even if a hearing is convened, students may potentially be denied the opportunity to be represented by counsel or to present a meaningful opportunity to challenge the accusations. These situations have been gaining prominence in the news as students and attorneys have been pushing back against the university’s summary dismissals without due process.

If you are a college student or other individual facing allegations of sexual misconduct, or have a son or daughter that is facing allegations through their university or criminal charges from the police, its important to lay down a strong defense early. Getting an attorney early on can prevent potentially irreparable damage from being done to someones reputation and future.  Attorney Frank Walker can help.  With years of experience in the criminal justice system and helping college aged individuals in their time of need, Attorney Walker can help you fight the charges and demand due process for the accused. Set up a consultation now.  Attorney Walker has offices conveniently located near college campuses in Pittsburgh, PA and Morgantown, WV.

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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Bad Romance: When a Bad Breakup Leads to Criminal Charges

Frank Walker Law
      

*** If you are a victim of Domestic Violence, please seek help immediately by contacting local authorities or the National Domestic Violence Hotline at 800-799-SAFE (7233). ***  

In romantic relationships, emotions run high and thinking is not always rational.  During a bad breakup, the potential for allegations of a criminal offense are particularly high. When you combine hurt feelings with a sense of being wronged and a taste of bitterness, and you mix in the arguing and fighting that may ensue, potentially illegal behavior is a highly possible outcome. After substance abuse and money, interpersonal romantic issues are one of the most common reasons behind the commission of a criminal offense.

Often times, breakup fights get physical.  One person may get slapped, bitten, punched, or shaken. One person may grab the other person in a way that leaves marks or bruises. Or threats may be made unthinkingly. If the cops are called to the scene, either one or both of the people involved may find themselves with criminal charges including harassment, assault, simple assault, aggravated assault and terroristic threats. It is a common misconception that the person reporting the crime is “pressing charges” against the other person. Instead, it is in the discretion of the office of the District Attorney’s office about whether to pursue and maintain criminal charges. Even after reconciliation, the DA’s office can and will still pursue serious criminal charges against the accused even over the protest of the alleged victim.

Sometimes even nonviolent contact can lead to criminal charges. After a breakup, the person who initiated the breakup may refuse to answer phone calls or respond to texts. The other person, unwilling to accept that the relationship has ended may call and/or text over and over again trying to get their attention, or show up repeatedly at their house or place of work. This type of conduct can result in charges of harassment or stalking.

Many times a bad breakup or fight may result in one party obtaining a protection form abuse order (PFA) against the other.  Once a PFA order is in place, any attempt to contact the  person who got the order, either calling them or talking to them in person can result in criminal charges for indirect criminal contempt, punishable with up to 6 months of incarceration for each violation.  Individuals can get in trouble for violating these no contact provisions even when it’s the victim who reaches out and initiates the contact in the first place!

If you’ve had a bad breakup that turned messy, and you now find yourself facing an eviction, criminal charges, and/or civil proceedings, you need an experienced criminal defense attorney. Don’t allow your emotions to cloud your thinking. You know that you need a qualified representative to fight the charges and help you navigate these tumultuous waters. Attorney Frank Walker can help. With years of experience helping both men and women accused of charges stemming from a bad breakup, Attorney Frank Walker can get the charges dismissed or reduced, fight PFA proceedings, and help you be in a good situation both financially and professionally moving forward. Give him a call today! Our lines are open 24/7 at 412-532-6805.

*** If you are a victim of Domestic Violence, please seek help immediately by contacting local authorities or the National Domestic Violence Hotline at 800-799-SAFE (7233). ***

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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Expungement in Pennsylvania. #CriminalDefenseLawyer

Frank Walker Law Expungement Lawyer

A criminal conviction can come back to bite you for the rest of your life.  A common dis-qualifier when applying for a job or professional license is the criminal background check.  If that background check shows a conviction, you may be prevented from being hired. Also, a criminal conviction can affect you beyond just obtaining employment. It can keep you from obtaining a permit to carry a firearm,  deny you from obtaining many other licenses and permits, and be found by the general public who may use what they find to discriminate against you.

Unfortunately, in Pennsylvania, the majority of offenses are non-expungeable, though there are exceptions. The most common use of expungement is the expungement of an arrest record after successful completion of an Accelerated Rehabilitative Disposition (ARD) program.  While this program is used most frequently to prevent first time DUI offenders from having a criminal record, it can be entered into for other first time misdemeanor offenses as well.  ARD programs are an enticing option for those wishing to avoid a criminal record.

However, if ARD is not available, the options for for expungement of an offense under Pennsylvania Law are limited.  Criminal history information under 18 Pa.C.S.A. § 9122 in cases where there has been a conviction may only be expunged if the person has been dead for 3 or more years, or has reached the age of 70 and been prosecution free for ten years; or if the offense is a summary offense and the offender has been arrest and prosecution free for five years.  For the overwhelming majority of cases, misdemeanor and felony case convictions are not expungeable.

If you have been arrested and charged with a crime, or have already been convicted and are wondering about what your options for expungement are, you should consult with an experienced attorney. Attorney Frank Walker has been helping people in Allegheny County and the surround regions charged with criminal offenses get their life back on the right track.  Attorney Walker can fight for you to get the case dismissed or the charges greatly reduced, and have the history surrounding the case wipe cleaned under the right circumstances. Give him a call 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.

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Testifying at the Preliminary Hearing and Trial: A Personal and Strategic Decision. #CriminalDefenseLawyer

Frank Walker Law Testify

A decision that has to be made at every preliminary hearing or trial on criminal charges is the decision of whether to take the stand and testify.  You have the right to remain silent and do not have to testify if you do not wish to. However, you also have the right to testify on your own behalf, and at trial, your attorney can not prevent you from speaking. Whether you ultimately do speak at your preliminary hearing or trial is an important decision that you should decide with your attorney.

At the preliminary hearing, the temptation is almost overwhelming to tell your side of the story. The police or witnesses may present a story that you may know to be factually untrue, and you’re going to have an intense desire to call them out on it and tell the real story of what happened. However, testifying at your preliminary hearing is almost always a mistake. Its important to remember that at a preliminary hearing, the rule is that credibility of the Commonwealth’s witnesses is not at issue. Anything the Commonwealth’s witnesses say at this time will be taken at face value for purposes of establishing a prima facie case. Any testimony you give can not disprove their story at this time, and it can be used to impeach you at trial if anything you say ends up being able to be shown as potentially  inaccurate. Instead, its important to tell the real story to your lawyer, and allow him to build a record out of the Commonwealth’s witnesses that enables you to attack the merits of their case.

At trial, the analysis about whether to testify on your own behalf is entirely different. The pitfall of testifying on your own behalf at trial is that it opens you up to an intense cross examination from the prosecution that can draw out many facts that cast you in a bad light.  Also, if you have ever been convicted of prior crimes involving dishonesty (known as crimen falsi), all of these crimes may potentially be submitted into evidence against you.  As a legal matter, your decision not to testify can not be held against you. As a practical matter, testifying may be the only way to get your version of facts into evidence, and the jury may judge you in their own minds if you do not.  The decision about whether to testify is a personal and strategic decision that should be discussed at length with an experienced attorney.

Thats where Attorney Frank Walker comes in. With years of experience defending the accused at trial, Attorney Walker can help you make these important decisions, and build a sound legal defense to attack the charges. Call Walker Law today at 412-532-6805! Lines are open 24/7 365 to better serve you.

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.