Category Archives: Pittsburgh Criminal Defense News

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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.

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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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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.

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Pittsburgh Attorney Launches Massive Indoor and Outdoor Advertising Campaign

Frank Walker Law Pittsburgh Billboard

The Downtown Pittsburgh Lawfirm of Frank Walker Law announced a massive indoor and outdoor advertising campaign with Port Authority and Lamar Outdoor Advertising.

The Deal calls for numerous outdoor billboards starting September 15, 2014 around the Pittsburgh area coupled with interior billboards on Pittsburgh main transportation system, Port Authority T Station.

When asked the reasoning behind the recent agreement, Attorney Walker responded, “Television and Radio ads have really helped get the message out to the local Pittsburgh residents, but the new campaign will help reach the numerous visitors that come to Pittsburgh for an event use the T or drive around the city using the most common roadways.”

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.

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Local Pittsburgh Criminal Defense Attorney Found Guilty . . .

Pittsburgh Attorney Frank Walker Found Guilty of Doing Good in the Community

Pittsburgh Criminal Defense and Injury Attorney, Frank Walker of Frank Walker Law, was Found Guilty of doing a Good Deed for a local Youth Group Pastor in need of technological upgrade.

The events unfolded during a text message exchange between friends, “Pastor Ryan Deal and I were texting back and forth about Fantasy Football Scores and he started mentioning the need of an IPAD for his Youth Group CODED at Walnut Grove Assembly of God Church”, says Walker,  “without him even asking, I immediately saw an opportunity to give to a wonderful cause, so we purchased an Apple IPAD and donated it to the Church for use with the Youth Group and other activities.”

“Pastor Ryan does awesome work in the community with the youth by reaching a generation of future leaders during the teenage years”, declares Walker,  “anytime we have a chance to positively impact our youth through organizations and ministries like CODED Youth we must seize the opportunity instead of complaining of misguided young adults making poor decisions later in life.”

The IPAD will not only be used with the Youth Ministry, but also by Pastors during sermons, chord sheets for praise and worship, remote control access of church sound system and much more.

For more information about Pastor Ryan Deal, the CODED Youth Group or Walnut Grove Church, please visit them online at http://www.wgag.org/.

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.

 

 

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#Pittsburgh Criminal Attorneys Speak on #Ferguson, #MikeBrown and #Witness Safety on #LynnHayesFreelandShow with @KDKA

Pittsburgh Criminal Defense Attorney Frank Walker of Frank Walker Law Joins fellow Pittsburgh CFrank Walker Law Talk show Pittsburgh Lawyerriminal Lawyer Todd Hollis as guests on the KDKA Lynn Hayes Freeland show this Saturday morning, August 30, 2014 at 6:30am Est and Sunday Morning, August 31 2014 at 6:00am EST.

Attorneys Hollis and Walker will discuss in detail, the Mike Brown incident in Ferguson, Missouri and the investigation and the potential grand jury indictment of the officer involved. Also, the Criminal Defense Attorneys will discuss the rash of recent deaths of witnesses involved in #Pittsburgh criminal cases. Finally, the attorneys will reveal the one thing every #CriminalDefenseAttorney should tell their clients.

Attorney ToddHollis

You do not want to miss this show! Tune in early Saturday or Sunday morning or set your DVR to KDKA TV to catch this lively discussion on the Lynn Hayes Freeland Show.

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 412-315-7441, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

 

 

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Attorney Frank Walker Speaks at Business Development Conference on Small Business Marketing #FrankWalkerLaw

Frank Waker Law ACBA Business Marketing

Pittsburgh Criminal Defense and Injury Attorney, Frank Walker of Frank Walker Law was recently a panel member at the Business Development Summit for Women Attorneys sponsored by the Allegheny County Bar Association and featuring Marianne M. Trost, The Women Lawyers Coach.  Attorney Walker was asked to share his experience on self-advocacy, marketing and advertising for solo and small business attorneys.

Attorney Walker joined the panel of fellow attorneys Julie Colton of Voelker & Colton, Sheila Burke of Burke, Cromer Cremonese, Brooke McMorrow of McMorrow Law and moderated by Nicola Henry-Taylor of Henry-Taylor Law. The panel members spoke candidly about the marketing pitfalls and success stories of start-up companies and sole practitioners.  Speaking about the event, Attorney Walker proclaims, “I thoroughly enjoyed the experience of networking and learning from talented Attorneys and experienced business owners and look forward to implementing many of their ideas in my own practice.”


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 412-315-7441, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.