Category Archives: Morgantown DUI Lawyer

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.

 

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.

#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.

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.

Frank Walker Law Announces Sponsorship Agreement with DUB-V Safe Ride

dub V Safe Ride Frank Walker Law

Morgantown Criminal Defense and DUI Lawyer Frank Walker of Frank Walker Law is pleased to announce a sponsorship agreement with Morgantown Designated Driver ServiceDUB V Safe Ride. The unique agreement partners a Morgantown DUI Attorney with a service aimed at preventing DUI’s by providing safe and responsive transportation service in the Morgantown area.

“Morgantown is legendary for its party scene and nightlife”, says Walker, “I wanted to align my firm with a service that helps students and mountaineers get homes safely, without injury or DUI charges so that they are not calling my office in the morning as a result of a DUI charge, or other alcohol related incident. DUB-V seems uniquely positioned to assist with keeping down these DUI incidents and I’m excited to join as a sponsor.”

For more information about the DubV safe ride service, please visit http://www.dubvsaferide.com/ to learn more about the company or download the mobile app.


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 in a Civil Case.