Monthly Archives: March 2016

criminal defense, Pittsburgh Criminal Attorney, Pittsburgh Criminal Defense Attorney, Pittsburgh Criminal Defense Lawyer, Pittsburgh Criminal Lawyer

Selling Sex is a Serious Business. And a Serious Offense #Pittsburgh #CriminalDefense

Pittsburgh Prostitution Lawyer - Frank Walker Law
Pittsburgh Prostitution Lawyer – Frank Walker Law

Prostitution and related offenses are banned by Title 18 § 5902 of the Pennsylvania Code.  These crimes can include buying sex, selling sex, running a brothel, or aiding in the business of prostitution for financial gain.  People often resort to prostitution when they have very few other options to obtain money, food or shelter for themselves.

        The seriousness of the offense varies dependent on the person’s role in the business, whether they were operating a prostitution business and profiting off of others,  the age of the prostitute, and the HIV status of the seller.  Generally speaking, the penalties for being a prostitute and patronizing a prostitute are similar at first glance.  First and second offenses for buying or selling sex are misdemeanors of the third degree (the lowest grade of misdemeanor). A third offense is a misdemeanor two, and all subsequent offenses will be a misdemeanor of the first degree unless other aggravating factors are present.

        Penalties are far more stiffer for the pimps and promoters who run illegal brothels and prostitution businesses. In most cases, those in the position of control will be met with serious felony charges.  The Commonwealth particularly frowns upon those who take advantage of a spouse or family member and induces them into prostitution, as a charge under that section is a felony as well.  And of course the most serious offenses include the prostitution of a minor, which will get the person charged with a felony under this subsection, as well as several other SORNA offenses which could result in serious time.

        If you or a loved one has been charged with a prostitution related offense, just know there is help out there.  Attorney Frank Walker is an experienced attorney practicing in Allegheny County and the surrounding areas. Not only can Attorney Walker help you fight the case, and potentially get the charges dismissed or significantly reduced, Attorney Walker can point you in the right direction for the resources you may need in your time of need. That may include information regarding treatment programs, counseling, and resources for support. With any luck, punishment you may receive from these charges may be mitigated to include participation in programs and treatment that can help you get your life back on the right track. Lines are open at Walker Law 24/7 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, Super Lawyer 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.

criminal defense, Pittsburgh Criminal Attorney, Pittsburgh Criminal Defense Attorney, Pittsburgh Criminal Defense Lawyer, Pittsburgh Criminal Defense News, Pittsburgh Criminal Lawyer

Aggravating Factors: When a Simple Assault Becomes Something More #Pittsburgh #CriminalLawyer

Pittsburgh Aggravated Assault Lawyer - Frank Walker Law
Pittsburgh Aggravated Assault Lawyer – Frank Walker Law

Sometimes confrontations escalate from beyond mere words to the physical realm.  For obvious reasons, it is against the law to strike and hurt other people on purpose without legal justification.  While many times fights or other physical confrontations may end with a summary charge of harassment or misdemeanor charges for Simple Assault, unfortunately other times you may find yourself facing felony charges of Aggravated Assault.  

The offense of Aggravated Assault, is aptly named because the difference between a Simple Assault and an Aggravated Assault are the, you guessed it, aggravating factors. These are factors that make the offense more serious than just a regular fight or altercation.  Factors that may take a charge from the realm of just a simple assault to an aggravated assault are: the severity of the injury, the identity or age of the person assaulted, and the use of deadly weapons.  Striking, threatening, and attempting to injure cops, judges, firefighters, prison guards and a large array of other public officials while they are doing their job will also result in aggravated assault charges.  

However, the most common way that an individual may receive Aggravated Assault charges instead of Simple Assault charges out of an ordinary situation is when the injury involved is a serious bodily injury.  A serious bodily injury is defined as a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.  At first blush this seems incredibly serious, and it is. But that definition can be stretched to support far less serious injuries at a preliminary hearing, depending on which light the defendant’s conduct is cast and how the injury is played up.

Sometimes even when a serious bodily injury is not sustained, charges of Aggravated Assault may be deemed appropriate by the charging authority depending on the reckless or intentional conduct of the person who was involved in the fight or threats.  In cases where a serious bodily injury was not sustained, it must be shown that the offensive act was performed under circumstances which almost ensured that injury or death will ensure.  This is a similar state of mind as that needed for a murder charge, in fact it is often said that an aggravated assault is a murder in which for some reason death doesn’t occur.

If you or a loved one has gotten into a fight or altercation and ended up receiving criminal charges, there are defenses available to you.  The use of force is justified in cases of self defense where the force was necessary to protect yourself or someone else. The best first step in preparing a competent defense to any criminal charge is to retain a qualified, experienced criminal law attorney.  Attorney Frank Walker is a Nationwide Top 100 Criminal Defense Attorney with experience fighting charges of Simple Assault and Aggravated Assault in Allegheny County and the surrounding counties. With Attorney Walker on your side you can fight the charges, or get them significantly reduced. 

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, Super Lawyer 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.

criminal defense, Pittsburgh Criminal Attorney, Pittsburgh Criminal Defense Attorney, Pittsburgh Criminal Defense Lawyer, Pittsburgh Criminal Defense News, Pittsburgh Criminal Lawyer

Don’t Get kicked When You’re Already Down. Fight Back Against Charges of Welfare Fraud #Pittsburgh #CriminalLawyer

Pittsburgh Welfare Fraud Lawyer - Frank Walker Law
Pittsburgh Welfare Fraud Lawyer – Frank Walker Law

We live in tough times with a rough economy.  In times of need, there are some social safety net programs that provide assistance to those in need. Temporary Assistance for Needy Families (TANF, which is welfare in its current incarnation), Supplemental Nutrition Assistance Program (SNAP), and Medicaid programs exist to help those with low income and limited resources to make ends meet.  However, these programs also have a high potential of abuse for those looking to make money which they are not entitled to.  In order to combat this, the Commonwealth and the federal government have enacted strict rules and regulations to govern these programs.

Title 62 P.S. § 481 False Statements makes it a criminal offense to make a false statement or misrepresentation, or to fail to disclose a material fact in the attempt to secure cash assistance or federal food stamps.  The severity of the offense is dependent upon the monetary amount of assistance or food stamps acquired fraudulently. This can range anywhere from a Misdemeanor three up to a felony of the third degree for amounts above $3,000!  

In addition to the criminal penalties for making false statements to obtain cash assistance or food stamps, people who are found guilty of one of these offenses are rendered ineligible for further assistance for a period of time. For the first offense they will be ineligible for a period of six months. For a second offense they will be ineligible for a period of twelve months. A third conviction results in a permanent ban from receiving assistance. This is devastating for a person who is in dire need of assistance.

If you have been charged with making false statements to obtain assistance, you may think that an attorney is beyond your ability to afford. However, considering the severity of the potential charges,, you can’t afford not to have an attorney. Attorney Frank Walker offers affordable rates, and is available for initial consultations to see if he is the attorney that is right for you. With years of experience in defending people charged with crimes in Pennsylvania and West Virginia, he has the experience and affordable rates to be the perfect fit for you.  Call now to set up an appointment. 

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, Super Lawyer 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.

criminal defense, Pittsburgh Criminal Attorney, Pittsburgh Criminal Defense Attorney, Pittsburgh Criminal Defense Lawyer, Pittsburgh Criminal Defense News, Pittsburgh Criminal Lawyer, Pittsburgh Drug Crimes, Pittsburgh Drug Lawyer

Picked Up for Delivery: Fighting the Possession With Intent to Deliver Drug Case

Pittsburgh Drug Lawyer - PWID - Frank Walker Law
Pittsburgh Drug Lawyer – PWID – Frank Walker Law

Possession With Intent to Deliver (PWID) charges are very common in cases involving drugs. While mere possession of a controlled substance is usually an ungraded misdemeanor, PWID cases are ungraded felonies, which is a big step up.  The key difference between the two and the focus at trial on PWID charges is the intent element.  Did the defendant intend to sell or transfer the drugs in question?

The determination of whether the intent to deliver is established is done on a totality of the circumstances test.  The court will direct the jury to consider all of the surrounding circumstances of the situation to determine whether the drugs were for sale or for transfer, or whether instead they were for personal use.  Factors which the courts have deemed relevant to establish intent to deliver are:  the presence of a large quantity of drugs, the presence of drug paraphernalia, the presence of large sums of cash, whether the drugs were divided up into separate distributable quantities, and the behavior of the defendant in the case.  In borderline cases where the quantity of drugs is debatable as to whether it is for personal use an expert may be called in to testify as to whether intent to deliver exists.

Unfortunately for those who use drugs in large quantities with no intent of selling or sharing those drugs, you may find yourself facing these felony PWID charges at the onset of your criminal case.  Whether it is charged that way as leverage by an overzealous prosecutor, or you just have a particularly outstanding appetite for drugs, you may find yourself charged with PWID in a case where you were only using the drugs yourself. The government and prosecutors may argue that no individual could intend to smoke an entire ounce of weed themselves, or go through dozens of bags of heroin in a day.  Unfortunately, a big swathe of the general population that may sit on a jury has little to no knowledge of how drugs work or how they are consumed. Many people still believe movies like Reefer Madness are based on truthful reality.

Most people think PWID charges are for the shady dealer pushing drugs on a street corner. However, in reality, many PWID charges come from much more common scenarios.  College is a common setting for PWID charges, as drugs are quite common on a college campus.  You may be using controlled substances at a party and be asked for some by someone who might seem just like you.  They might ask to split a quarter of weed with you or a few hits of ecstasy next time you buy. But shortly after you give them their share, you find yourself facing felony charges! Undercover cops and confidential informants can be quite young and look a lot like you.  A felony PWID charge can get your kicked out of college and shut a lot of doors in your professional future.

If you or a loved one has been charged with PWID, you need an experienced attorney to prepare your defense. Whether you have serious substance abuse issues, or are just a college kid who has just made a big mistake, its important that you have an experienced professional to fight for you. Attorney Frank Walker is just the attorney for you.  Attorney Walker has experience handling cases ranging from your average college student with small quantities as well as representing those found with significant quantities of heroin and other hard drugs. 

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, Super Lawyer 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.

criminal defense, Pittsburgh Criminal Attorney, Pittsburgh Criminal Defense Attorney, Pittsburgh Criminal Defense Lawyer, Pittsburgh Criminal Defense News

Robbery Charges: When Slight Force Can Lead to Serious Penalties #Pittsburgh #CriminalLawyer

Pittsburgh Robbery Lawyer - Frank Walker Law
Pittsburgh Robbery Lawyer – Frank Walker Law

Most people when they think of a robbery imagine a man in a mask with a gun holding up a bank and making a break for it in the getaway car and eventually being tracked down at the end of an exciting police chase. Or at the very least you would think of some sort of mugging on the street where someone gets beat up and their wallet stolen.  However, the reality of robbery may involve a significant less amount of force than you would think.

The offense of robbery requires that in the course of a theft, one of the following happens: the robber (1) Inflicts serious bodily injury; (2) or threatens or puts someone in fear of serious bodily injury; (3) or inflicts or threatens to inflict bodily injury; (4) physically takes or removes property from another by force however so slight; (5) or takes money from a financial institution or makes a demand of an employee of a financial institution orally or in writing.

With this loose definition of robbery, practically any theft that involves physical force of any kind can result in robbery charges under subsection four.  This may mean that in a domestic dispute with a girlfriend if you take her phone and leave with it, you may find yourself facing serious robbery charges. The conscientious bank thief may think that they won’t be charged for a robbery if they come in unarmed and just slide a note over to the teller, but subsection five covers that scenario too.  If you are part of a group of people that is committing a theft, you may find yourself charged with robbery as an accomplice even if you are not the one who did the actual physical assault. And add a firearm into the mix of any of the above scenarios and you’ll find yourself in even more trouble with possible enhancements applied to your potential sentence.

Robbery is a serious offense with statutory maximum punishments of up to seven, ten, or twenty years depending on the subsection a person is charged with. If you or a loved one has been charged with a robbery, the steps you take in handling the criminal case will impact the rest of your life.  The most important decision you can make from the start is retaining experienced, professional counsel who can handle your case from day one. 

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, Super Lawyer 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.