Category Archives: Morgantown Drunk Driving Charges

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FreeRide #NoDUI Program is Back for #4thofJuly Weekend! #UBER #DUI

4th of July Weekend is here! The grilling, electric slide, red-solo cups,  fireworks, “adult beverages” and other entertainment can be observed in backyards, on facebook live or some other live streaming service.

However, BE SMART! Everything in moderation, stay hydrated, designate a driver,  don’t drink and drive or drive under the influence. With the holiday falling on a Thursday, most will party until Monday morning, which is ok!

Before you start the festivities, please plan ahead to make sure you and your friends have a safe ride home. You don’t want to reason the party ends because someone needs to bail you out of jail for a DUI or getting stopped by police and cited for Public Intoxication, Underage DUI, Public Urination, Fake ID,Disorderly Conduct or Underage Drinking.

Not the Lights you want to see this Holiday Season
Don’t Risk a DUI. Tips from a Criminal Defense Attorney – Frank Walker Law

This is where we can help. Once again, we bring back the Frank Walker Law Free Ride Program to help keep the roads safe this 4th of July Weekend.

According to Attorney Walker, “Too often, we have clients enter seeking help after a DUI arrest that clearly could have been prevented if they had just planned ahead. Tragically, we also counsel clients who enter our office after a family member was seriously injured or killed by a Drunk Driver. In the end, no one wins when someone decides to Drive while intoxicated or under the influence of an illegal drug. We just want to do our part to eliminate DUI offenders.”

Don’t be a statistic this year, please don’t drink and drive. Plan ahead, get an Uber, Lyft, ride share, taxi or have designated driver on deck to help you out. As an incentive, we will pick up the tab for your safe ride home!

Enjoy friends and family this 4th of July Weekend
Enjoy the 4th of July weekend, but please don’t drink and drive!

HOW THE FREE RIDE PROGRAM WORKS

  • Good for a one way ride to your home/place of abode for the evening or principal place of residence between 10:00pm EST Thursday July 4, 2019 and 8:00am EST Sunday July 8, 2019.
  • Must be 21 years of age or older to participate with a valid Driver’s License
  • FREE RIDE covers the following counties: PA – Allegheny, Washington, Butler, Beaver, Westmoreland, WV – Monongalia County with a maximum value of $30.00
  • Simply call an official and licensed Taxi Cab/VETaxi/Uber/Lyft, get a ride from one location to your home/place of abode for the evening or principal place of residence, pay the driver and send a copy of the bill with a Valid Id to Frank Walker Law at FreeRide@frankwalkerlaw.com or mailed to

Frank Walker Law

3000 N. Lewis Run Road

Clairton, Pennsylvania 15025

For reimbursement by Paypal.

  • Reimbursement Good for One Person per ride and One Ride for the 2019 4th of July  Weekend.

** Important ** Materials must be Received by 11:59am EST on July 8, 2019 for consideration of Reimbursement.

For more information on the program, call Frank Walker Law at 412-532-6805.

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.

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Frank Walker Law #FreeRide Program for 2018 Holiday Season

Enjoy the 2018 Holiday Season by taking advantage of the Frank Walker Law #FreeRide Program.

Back by popular demand is the Frank Walker Law Free Ride program for the 2018 Holiday Season!

The Holiday season is about family, friends and fun. Kids are visiting home from college, families are travelling to visit friends and loved ones. Don’t let a DUI arrest ruin your 2018 Holiday Plans.

Whether you are hitting the bar to celebrate the completion of finals, Christmas shopping or a glass of champagne to bring in the New Year, you enjoy to have a little break. Just don’t overdue it and make sure you are of age.

Officers will be out and about this holiday season looking to keep our streets safe. Officers will be in uniform and undercover making arrests and handing out citations for DUI, Underage Drinking, Underage DUI, Public Intoxication, Reckless Driving, Fake ID, Public Urination or Disorderly Conduct.

Also, in lieu of the new changes in the Pa DUI Laws, you don’t want to get arrested for a repeat DUI and end up facing a felony. Please don’t drink and drive. A DUI can cost you time, money, freedom and possibly your life. No matter how you cut it, a DUI is not worth it and is totally avoidable with today’s technology: Uber, Lyft, Ride Share, Taxi, etc. 

Drinking this Holiday Season? Plan ahead and make Frank Walker Law pick up the tab with the Free Ride program. 

 

 

 

 

 

 

 

 

As an incentive for you to plan ahead, we once again bring out our FREE RIDE program similar to our previous events:  Labor Day weekend, St. Patrick’s Day,  Thanksgiving Holiday, and the previous Christmas/New Year Holiday Season. 

Simply Put: Have fun, but do so responsibly. If you’ve had too much to drink, call Cab, Uber, Lyft, send us the receipt and we’ll reimburse you for the ride!

Again, although the Free Ride program is an excellent way to avoid an accident, arrest or worse, it should not be construed as assisting, servicing or encouraging binge drinking or irresponsible behavior.

The message conveyed from the Free Ride Program is simple: Enjoy the Holiday weekend, but please Don’t Drink and Drive. We don’t want you calling our office from the jail during the new year over something that could have been avoided.

Frank Walker Law – I don’t want you to need me.

 

 

 

 

 

 

 

So Happy Holidays! Enjoy your family and friends. Consider all that you have to be thankful for and let’s help each other keep the roads safe!

HOW THE FREE RIDE PROGRAM WORKS

  • Good for a one way ride to your home/place of abode for the evening or principal place of residence between 8:00am EST Tuesday, December 25 and 8:00am EST Tuesday, January 1, 2019
  • Must be 21 years of age or older to participate with a valid Driver’s License
  • FREE RIDE covers the following counties: PA – Allegheny, Washington, Butler, Beaver, Westmoreland, WV – Monongalia County with a maximum value of $30.00
  • Simply call an official and licensed Taxi Cab/VETaxi/Uber/Lyft, get a ride from one location to your home/place of abode for the evening or principal place of residence, pay the driver and send a copy of the bill with a Valid Id to Frank Walker Law at freeride@frankwalkerlaw.com or mailed to

Frank Walker Law

3000 N. Lewis Run Road

Clairton, Pennsylvania 15025 

For reimbursement by Paypal.

  • Reimbursement Good for One Person per ride and One Ride for the 2018 Holiday Season: December 25, 2018 – January 1, 2019. 

** Important ** Materials must be Received by 11:59am EST on January 2, 2019 for consideration of Reimbursement.

For more information or media inquiries on the program, call Frank Walker Law at 412-532-6805.

 

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How to Avoid a #DUI this #STPattys Day Weekend! #FreeRide #DD

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St. Patty's Day with Frank Walker Law
St. Patty’s Day with Frank Walker Law

Enjoying the St. Patrick’s Day celebrations this weekend? Join the crowd! St. Patty’s Day falling on a weekend, with the opening weekend of the #NCAA Tournament, what could go wrong? EVERYTHING!

The weekend is officially here and the plans have been made . . . Watch some games, hit the St. Patty’s day parade and party till daybreak. Good Times. Hey, you’ve worked all week, why not kick back and enjoy the weekend? Right?

Listen, we are by no means attempting to stop your party train, all we ask is that you enjoy the festivities responsibly: Please don’t drink and Drive! Police Officers will be EVERYWHERE this weekend. Uniformed, undercover, off duty, doesn’t matter. Officers will be hitting the streets searching for impaired revelers in an attempt to hand out citations for Public Intoxication, Public Urination, Underage Drinking, Disorderly Conduct, Fake ID or arrest you for DUI, Underage DUI, Reckless Driving or any other alcohol related offense.

Take a Selfie at the St. Patrick’s Day Parade …CHECK! Just don’t Drink and Drive! A Tip from Frank Walker Law. 

A conviction for a summary offense hurt in the long run. Moreover, an arrest for DUI or Felony Aggravated Assault can lead to hefty fines, a criminal record and even jail time. Moreover, with the slow process of the jails during the weekend hours, you may sit in jail the entire weekend until you are able to see a judge for bail. It’s just not worth it.

Question for you: With all the planning for the weekend, did you think about how you will get home safely after all the bar hopping and green beer chugging? No? Well, we can help.

Pick your Ride Home BEFORE you pick your Bar this Weekend! A Message from Frank Walker Law
Pick your Ride Home BEFORE you pick your Bar this Weekend! A Message from Frank Walker Law

At the outset, our motto is simple:  Don’t Drink and Drive! Don’t over indulge! Before you put on your ‘Kiss me I’m Irish’ shirt, Leprechaun beard and stuff your purse with Guinness Beer (Yeah, we know)  make sure you designate a driver, schedule an Uber or a safe ride home.

To encourage responsibility this St. Patty’s Day Weekend, we will once again re-institute the FREE RIDE program previously established during Labor Day weekend,  Thanksgiving Holiday and the Christmas/New Year Holiday Season. 

In a nutshell: If you are unable to Drive due to your “enjoyment”, call a ride home, send us the receipt and we’ll reimburse you! (Check out the Rules and Conditions Below)

Toast with Friends AFTER you schedule the UBER! A Tip from Frank Walker Law.
Toast with Friends AFTER you schedule the UBER! A Tip from Frank Walker Law.

Although the Free Ride program is very popular with party goers, club hoppers, promoters and the like, the program should not be construed as assisting, servicing or encouraging binge drinking or irresponsible behavior. Rather, the message conveyed from the Free Ride Program is simple: Enjoy the St. Patty’s Day weekend, but please Don’t Drink and Drive.

Again, enjoy St. Patty’s Day  with your family and friends. Hit the parade, watch the games and check out the parties around the city, but please Don’t Drink and Drive! A DUI arrest is a terrible way to spend the weekend.

HOW THE FREE RIDE PROGRAM WORKS

  • Good for a one way ride to your home/place of abode for the evening or principal place of residence between 8:00pm EST Friday, March 16, 2018 and 8:00am EST Sunday, March 18, 2018.
  • Must be 21 years of age or older to participate with a valid Driver’s License
  • FREE RIDE covers the following counties: PA – Allegheny, Washington, Butler, Beaver, Westmoreland, WV – Monongalia County with a maximum value of $25.00
  • Simply call an official and licensed Taxi Cab/VETaxi/Uber/Lyft, get a ride from one location to your home/place of abode for the evening or principal place of residence, pay the driver and send a copy of the bill with a Valid Id to Frank Walker Law at freeride@frankwalkerlaw.com or mailed to

Frank Walker Law

3000 Lewis Run Road

Clairton, Pennsylvania 15025 

For reimbursement by Paypal.

  • Reimbursement Good for One Person per ride and One Ride for the 2018 St. Patrick’s Day Weekend: March 16 – March 17, 2018. 

** Important ** Materials must be Received by 11:59am EST on March 18, 2018 for consideration of Reimbursement.

For more information on the program, call Frank Walker Law at 412-532-6805.

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.

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Let us Help you Avoid a #DUI this Holiday Season! #MerryChristmas #HappyNewYear #HappyKwanzaa

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Merry Christmas from Frank Walker Law! Let us pay for your Safe Ride Home!

Merry Christmas, Happy Kwanzaa and Happy New Year from all of us at Frank Walker Law!

As we pause to enjoy our families and friends this Holiday Season, we want to remind you to celebrate responsibly: Please don’t drink and drive! Officers are roaming the roadways looking for impaired drivers on the road.  Additionally, officers are setting up DUI checkpoints where they also make arrests for Underage DUI’s, and hand out citations for Underage Drinking, Speeding, Disorderly Conduct, Simple Possession and Fake ID.

 

Also, undercover officers will frequent the outside of bars and restaurants issuing citations for public intoxication, public urination and many other infractions.

With most Courts closed for the holidays, if arrested for a criminal offense, you could a little longer in jail waiting for your arraignment and the ability to post bail.  The last thing you need to close out 2017 is a story about how you spent the weekend in jail because you had a little too much to drink. That’s where we step in with a Free Holiday Gift!

Don’t Forget to open your Free gift from Frank Walker Law

 

Our motto is simple:  Don’t Drink and Drive! Don’t over indulge! Before you hit the dinner parties, gift exchange, or holiday parties make sure you designate a driver, schedule an Uber or a safe ride home.

Don’t Ring in the New Year with a DUI!

To encourage responsibility this Holiday Season, we will once again re-institute the FREE RIDE program previously established during Labor Day weekend and Thanksgiving Holiday.

In a nutshell: If you are unable to Drive due to your “enjoyment”, call a ride home, send us the receipt and we’ll reimburse you! (Check out the Rules and Conditions Below)

Enjoy the Holiday Season Responsibly: Don’t Drink and Drive!

Although the Free Ride program is very popular with party goers, club hoppers, promoters and the like, the program should not be construed as assisting, servicing or encouraging binge drinking or irresponsible behavior. Rather, the message conveyed from the Free Ride Program is simple: Enjoy the Holiday weekend, but please Don’t Drink and Drive.

Again, Happy Holidays from all of us at Frank Walker Law. Enjoy the Holiday Season with your family and friends. Visit loved ones, watch Bowl Games and brave Last Minute Shopers if you Dare, but please Don’t Drink and Drive! A DUI arrest is not a good way to spend the weekend.

No DUI Arrests This Holiday Season!

 

HOW THE FREE RIDE PROGRAM WORKS

  • Good for a one way ride to your home/place of abode for the evening or principal place of residence between 8:00pm EST Saturday December 23, 2017 and 8:00am EST Monday January 1, 2018.
  • Must be 21 years of age or older to participate with a valid Driver’s License
  • FREE RIDE covers the following counties: PA – Allegheny, Washington, Butler, Beaver, Westmoreland, WV – Monongalia County with a maximum value of $30.00
  • Simply call an official and licensed Taxi Cab/VETaxi/Uber/Lyft, get a ride from one location to your home/place of abode for the evening or principal place of residence, pay the driver and send a copy of the bill with a Valid Id to Frank Walker Law at FreeRide@frankwalkerlaw.com or mailed to

Frank Walker Law

428 Forbes Avenue, Ste. 1800

Pittsburgh, Pennsylvania 15219

For reimbursement by Paypal.

  • Reimbursement Good for One Person per ride and One Ride for the 2017 Holiday Season December 24 – January 1, 2018.

** Important ** Materials must be Received by 11:59pm EST on January 2, 2018 for consideration of Reimbursement.

For more information on the program, call Frank Walker Law at 412-532-6805.

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.

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#HappyThanksGiving – Free Ride Program from Frank Walker Law for Thanksgiving Weekend

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Happy Thanksgiving from all of us at Frank Walker Law

The time has arrived: The Short work week, the family plans, and most of all…THE FOOD!

Thanksgiving is a time to relax, indulge and enjoy the time with your loved ones. Although Thanksgiving dinner is typically on the Thursday, the “festivities” begin earlier in the week, and the police know it all too well.

Don’t Risk a DUI this Thanksgiving Weekend. Tips from a Criminal Defense Attorney – Frank Walker Law

Expect officers to be on the prowl looking for drunk drivers and responding to calls for issues with people under the influence. Our office will be flooded with calls the following Monday looking for representation due to arrests for DUI, resisting arrest, public intoxication, underage drinking, underage DUI, simple assault, traffic offenses, Public Urination, disorderly conduct and a host of other offenses.

This is why we always recommend that you enjoy the Thanksgiving Holiday responsibly: Don’t Drink and Drive! Don’t over indulge! Before you hit the dinner parties, make sure you designate a driver, schedule an Uber or a safe ride home.

To encourage responsibility this Thanksgiving Weekend, we will once again re-institute the FREE RIDE program previously established during Labor Day weekend.

In a nutshell: If you are unable to Drive due to your “enjoyment”, call a ride home, send us the receipt and we’ll reimburse you! (Check out the Rules and Conditions Below)

Frank Walker Law -Don’t be Stupid – Please Don’t Drink and Drive

Although the Free Ride program is very popular with party goers, club hoppers, promoters and the like, the program should not be construed as assisting, servicing or encouraging binge drinking or irresponsible behavior. Rather, the message conveyed from the Free Ride Program is simple: Enjoy the Holiday weekend, but please Don’t Drink and Drive.

Again, Happy Thanksgiving from all of us at Frank Walker Law. Enjoy the Thanksgiving Holiday with your family and friends. Visit loved ones, watch Football and brave the Black Friday Sales if you Dare, but please Don’t Drink and Drive! A DUI arrest is not a good way to spend the weekend.

I don’t want you to need me: Please Don’t Drink and Drive. Frank Walker Law

HOW THE FREE RIDE PROGRAM WORKS

  • Good for a one way ride to your home/place of abode for the evening or principal place of residence between 8:00pm EST Wednesday November 22, 2017 and 8:00am EST Sunday November 26, 2017.
  • Must be 21 years of age or older to participate with a valid Driver’s License
  • FREE RIDE covers the following counties: PA – Allegheny, Washington, Butler, Beaver, Westmoreland, WV – Monongalia County with a maximum value of $30.00
  • Simply call an official and licensed Taxi Cab/VETaxi/Uber/Lyft, get a ride from one location to your home/place of abode for the evening or principal place of residence, pay the driver and send a copy of the bill with a Valid Id to Frank Walker Law at FreeRide@frankwalkerlaw.com or mailed to

Frank Walker Law

428 Forbes Avenue, Ste. 1800

Pittsburgh, Pennsylvania 15219

For reimbursement by Paypal.

  • Reimbursement Good for One Person per ride and One Ride for the Thanksgiving Weekend.

** Important ** Materials must be Received by 11:59pm EST on November 27, 2017 for consideration of Reimbursement.

For more information on the program, call Frank Walker Law at 412-532-6805.

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 Americaand 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.

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Taking a Stand: How to Challenge Police Officer Testimony. #CriminalDefenseAttorney

Detectives Testifying at Trial. Frank Walker Law

In most criminal cases, there’s likely to be a time where a police officer takes the stand to present evidence for the prosecution.  How the police officer witness is handled can make or break any case.  Police witnesses offer special challenges on cross examination.  First of all, there are inherent biases to combat with the jury.  The jury looks at the accused as a potential criminal and liar. Meanwhile, police officers are often looked at by jurors with respect and admiration.  Therefore its important to ask police officer questions at trial in a planned and careful matter that takes these biases into account.

The most helpful tool in preparing for the cross examination of a police witness is their report.  The written report of police witnesses will be available in discovery, and can be used to nail down the officer to a single version of events.  The point isn’t to construct an elaborate trap like you may see on tv. Instead, you want to construct a narrative that can illustrate deficits in the officer’s testimony and memory.  This may include drawing out exactly what the officer saw (and by implication, what they didn’t see), the lighting and weather conditions, and testing their memory of events. Police officers handle hundreds of cases every year, and mistakes will happen.  And if they’re mistaken about some things, its possible for the jury to conclude they are mistaken about others.  It is also important to challenge conclusions made by officers that are not supported by physical evidence.

Sometimes the questions you don’t ask are just as important.  A well constructed cross examination leads the jury to a conclusion that they draw themselves.  Trying to force an officer to admit that they made a mistake that is obviously damaging to their case will often just give them the opportunity to explain it away, and will also give them the opportunity to heap on more damaging information about the defendant. You don’t want to open that door if the prosecution hasn’t already.

Cross examination of a police officer is both an art and a science that is honed over years of trial experience.  That’s why you want Attorney Frank Walker to be the one asking the right questions on your behalf. Attorney Walker has years of trial experience and he isn’t afraid to take a tough case to trial. Don’t just plead guilty, lawyer up and fight the case!  Call 412-532-6805 to reach his office in Pittsburgh or call (304) 712-2089 for the  office in Morgantown. 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.

 

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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.

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#MirandaRights: A Constitutional Right, Not a Magic Bullet. #CriminalDefenseLawyer

Suspect in police interrogation room without Criminal Attorney

Most people, despite never having been arrested, are familiar with the list of rights known as Miranda Rights.  These rights include the right to remain silent, the right to have an attorney present during questioning, the right to have a court-appointed attorney if you can not afford one, and the warning that anything you say can be used against you in court.  People are usually familiar with these rights because they can recall some rendition of them from a tv show or movie.  And in those movies where the defendant was not read their Miranda Rights, once the lawyer brings that up in court * poof * like magic the case disappears.

But of course its nowhere near that simple.  I have had clients come into my office and ask “why, if the cops failed to read me my rights, isn’t the DUI, Underage Drinking or Assault case dismissed?”  First, you have to understand when Miranda warnings are required, and what happens when those rules aren’t followed.  Miranda warnings are required prior to what is known as a custodial interrogation.  Being in custody pivots on the question of whether you were free to leave the scene, or whether you were being detained. And the question of whether you are being interrogated depends on whether you are being asked questions designed to elicit an incriminating response.

If the government violates your rights under Miranda, the statements obtained from you may not be used in court against you.  This doesn’t mean the case goes away automatically, as the government may still proceed on other evidence they may have against you. Violation of Miranda usually only proves fatal to the government’s case when your confession is the only evidence they have against you. Statements of witnesses to the crime, video tape, and other evidence may still be used to pursue a case against you.

The analysis of whether a confession or incriminating statement was made in violation of your rights can be a complicated one. For example, Miranda does not apply to statements given outside of custody, which is why many times the police may try to classify interactions as mere encounters.  Also, Miranda  does not apply to voluntary statements given freely by the defendant that were not done in response to officer questioning.  And this is just the tip of the iceberg.  There are far more exceptions, rules, and nuances to these cases than can be discussed in one blog post.

That’s why its important if you’ve been arrested that you ask to consult with a lawyer as soon as possible, prior to giving any statements to police.  Call Attorney Frank Walker.  The phone lines at the law offices of Frank Walker are open twenty-four hours a day, 365 days a year.

The decisions you make about what to say and who to say it to may define the rest of your life, so make sure they’re made to someone you can trust.  Attorney Frank Walker has been serving the citizens of Pittsburgh, PA, and Morgantown WV for years. Check out FrankWalker.com for more information. Pittsburgh residents can call 412-532-6805 to set up a consultation, and the number for our Morgantown callers is (304) 712-2089.

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.

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Top 5 Tips to Avoid an Arrest this #StPattys Day. #FreeAdvice #Irish

Plan Ahead for March 17
Avoiding an Arrest on St. Patrick’s Day from a Criminal Defense Attorney

Every Single Year, not every other year, but EVERY, SINGLE, YEAR, our phones ring off the hook on St. Patrick’s Day and immediately thereafter. On the other end of the phone is the friend, cousin, husband, sister, wife of someone who, “is really a good person, but had a little to much to drink over St. Patty’s Day Holiday.”

Don’t get me wrong, as a Criminal Defense Attorney, the new business is great! But I really don’t want you to need me.

PSA Billboard from a Pittsburgh DUI Lawyer

You see, part of my job as an Attorney is that of a Counselor, and I view that term as  the license to impart some sage advice from time to time.

I mean, do you really want to spend the day after St. Patty’s Day gathering your hard earned funds to retain a Criminal Defense Lawyer to post bond for your Friend, or defending you at a preliminary hearing for a DUI Charge or Summary Trial for Underage Drinking, Public Intoxication, Public Urination, Summary Harassment, Fake ID or Disorderly Conduct? Probably Not.

Alas, I am breaking my own rule and dishing out some FREE LEGAL ADVICE and giving you my Top 5 Tips for avoiding an arrest this St. Patrick’s Day.

So Listen up! 

  1. Plan Ahead

Pick a Designated Driver, Download the #UBER or #LYFT App, find the local Shuttle Service in your area, or Lock in the Number for a Taxi BEFORE you hit the town.

Young Couple riding in UBER, LYFT or TAXI upon advice of Counsel – Criminal Defense Lawyer Frank Walker Law

Yellow Cab, #Morgantown, WV – (304) 292-7441

DUB V Safe Ride – Morgantown Text or call 304-777-9996

Yellow Cab, Pittsburgh, Pa – (412) 321-8100

JB Taxi Service – Beaver County, Pa – 724-658-1444

C & H Taxi – Charleston, WV (304) 344-4902

Greensburg, Pa – Yellow Cab – (724) 838-0700

 

2. Know Your Limits

Your capacity to ‘hold your liquor’ does not magically increase simply because it is St. Patrick’s Day.  You are not impressing anyone by overdoing it. Odds are you will end up making some poor decisions like thinking you can drive when you can barely walk. Be Smart.

Be Smart: Know your Limits – Tips from Criminal Defense Attorney Frank Walker Law

 

3. Use the Bathroom that has a toilet and a stall

I get it. When you gotta go, you gotta go, but do yourself a favor: Use the restroom before you leave the establishment. In the alternative, use one of the numerous port-a-potties set outside just for this occasion.

The side of buildings, cars, dumpsters and alleys do not require any additional ‘human hydration‘ or ‘liquid artwork‘. Plus, Officers are out and about waiting to cite you for Public Urination.

Use the Bathroom before you go. Don’t get arrested for Public Urination! – Tips from Criminal Defense Attorney Frank Walker Law

 

4. If you are Drinking you are Not Driving. Simple. 

Sounds So Easy, but you would be surprise at the amount of people who still get arrested for a DUI because ‘they only had two drinks’.

Don’t make the mistake of thinking you are ok to drive or that you are ‘not as drunk as your friend‘. Officers will be out in droves throughout the Holiday Weekend. If you Drink and Drive, you will be caught. You will face jail time, legal fees, hefty fines, license suspensions and a criminal record.

It’s not worth it. If you don’t have a plan for a designated driver, stay home, put on some green and invite some friends over. Don’t Risk a DUI. 

Don’t Risk a DUI this St. Patrick’s Day. Tips from a Criminal Defense Attorney – Frank Walker Law

 

5. Just Walk Away

Inevitably, alcohol will bring out the beer muscles this holiday. Insignificant arguments will immediately escalate to all out war. Fists flying, screams, scratching, yelling and Defcon 5 over something that neither party will remember once they sober up.

Just Walk Away from Beer Muscles – Tips from Criminal Defense Attorney Frank Walker Law

Do yourself a favor and just walk away.

Sure, you’ve had a couple drinks, you’re feeling yourself, and now you are ready to defend his or her honor over a perceived diss from a facebook post your neighbor’s cousin made last Halloween. Is it really worth it? Probably Not. Just Walk Away

An officer tells you to walk away from an incident, but you want to ‘give them a piece of your mind’! Is it really worth it? Probably Not. Just Walk Away.

Enjoy the Holiday Responsibly 

These are my top 5 Tips. Sure, there are many additional tips for avoiding an arrest this St. Patty’s Day Holiday, but 5 will do it for now. Want more advice? No Problem. Set an appointment and we can talk about it . . . Just don’t expect me to meet you on St. Patty’s Day.

About the Author

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 Lawyers 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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Criminal Defense and Injury Attorney Stands Tall in #Morgantown, West Virginia. #WVU

Frank Walker Law Morgantown Lawyer WVU

If visitors and residents in Morgantown were not familiar with Attorney Frank Walker before today, the unfamiliarity will soon fade.

Morgantown Criminal Defense and Injury Attorney, Frank Walker of Frank Walker Law, has recently brokered an agreement to advertise on the large billboard in Morgantown, West Virginia right off the Star City exit.

According to Walker, the deal was a no brainer, “I drive past that billboard every time I come to my Morgantown office for Court. The board had been sitting empty for so long, it just made sense to place my ad in front of the thousands of other people passing the exact same billboard. The location is highly visible and one of the first and last advertisements people see when they enter or leave Morgantown for a business or pleasure.”

The Billboard advertisement is also visible to visiting teams and universities that fly into Pittsburgh Airport and drive into Morgantown to battle the WVU Mountaineers.

An alumnus of WVU Law, Walker has received tons of texts and emails from old professors and law school friends once the billboard was installed. Attorney Walker’s response to all the messages is simple, “It’s great to hear from old friends and seeing the billboard get captured and shared across social media, but just don’t text and drive!”


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 304.413.0179, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.