Category Archives: Pittsburgh Drug Crimes

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

September 7, 2017 Discover Legal Marketing - Frank Walker Law

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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Failed a Workplace Drug Test? What happens next? #CriminalDefenseAttorney

August 31, 2017 Discover Legal Marketing - Frank Walker Law

Facing a Drug Test at work? Contact Frank Walker Law Today.

I get a lot of questions about what are the rules regarding drug tests and work, and what happens if someone fails a drug test through their work. Pennsylvania does not have a law requiring private employers to adopt drug testing policies or prohibiting them from doing so. There are requirements through the Department of Transportation that require drug testing in certain professions involving driving as well as drug testing requirements for some federal jobs.

The first question I often get is “if I fail a drug test through work, can I be criminally prosecuted?” If you fail a pre-employment drug screen or a random drug test, you are unlikely to be criminally prosecuted for doing so. Health care privacy issues usually prohibit significant dissemination of these results. That doesn’t mean that you’re safe from criminal prosecution in all situations. If you get in an accident and drugs or alcohol are involved, the police are going to be doing their own investigation and you may find yourself facing DUI charges.

Being fired for failing a drug test pursuant to an employer’s policy is a question of employment law and the employer’s discretion. Usually the employer will be within their rights to immediately dismiss you. The main issue in most cases is whether the employer is following their own drug testing policy properly, or whether you were unfairly targeted for testing. Another question is whether that policy makes the necessary exceptions for prescribed medications to those with disabilities.

One thing you do not want to do is try to fake a drug test by using fake urine or someone else’s urine in the test. It is a misdemeanor of the third degree to supply urine to someone else for the purpose of deceiving a drug test or to use someone else’s urine to pass a test yourself. Using fake urine to pass a drug test is illegal as well and is charged the same. Don’t lose your job and get criminal charges on the same day!

If you are worried about the results of a drug test or a potentially failed drug test at work or after an accident, its best to get ahead of the issue and consult with an attorney who can put your mind at ease. Attorney Walker can tell you what steps you can take to protect yourself and safeguard your rights. Set up a consultation today! You can learn more from our website at FrankWalker.com or call our office at 412-532-6805.

About Frank Walker Law

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

March 10, 2017 Discover Legal Marketing - Frank Walker Law

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!

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 Lawyer s 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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#SocialMedia and the Law: How the Worldwide Web Can Trap You

February 7, 2017 Discover Legal Marketing - Frank Walker Law

Ahh, the good old days. And by good old days I mean the days when our every move wasn’t chronicled and saved for posterity on social media. Scarier yet, sometimes we are not even aware that such cataloging of our lives is even occurring. These are the images that come back to haunt my clients, whether immediately or years into the future. The worst part is it is not only embarrassment my clients face, although that is often very much the case. It is legal consequences. That is because social media is evidence and may be admissible in court.

“Eh,” you might be thinking, “Internet sites get hacked all the time. I’ll just say the images are fake.” Bad idea. Social media, like other forms of evidence, is subject to the same rules of authentication. No more, no less. The standard to admit that Facebook or Instagram photo of you using drugs or the selfie you took at a party where a crime occurred, thereby placing you at the scene, is not high. A criminal lawyer needs only to show that the evidence is relevant, authentic, an original writing, not unnecessarily prejudicial or probative, and not hearsay.

Now, at this point, the wheels in your head may be turning, and you believe that if you only delete those images or incriminating statements from your social media accounts, they will be gone forever. Not so. Unfortunately for you, once you publish information on the Internet, a history is created, despite any efforts you make to remove it. Which means if you make attempts to destroy such information, you potentially face sanctions for doing so. Similar to other forms of evidence, there is a duty to preserve electronically stored information if it is foreseeable that the information will be relevant to ongoing or future litigation.

Even if you do not deliberately destroy electronically stored information but, instead, innocently deleted any at some other point in time, that information is still discoverable and may be admissible according to the evidence rules described above. Facebook, for example, offers users the option to download the entire history of their account. On Facebook, users can retrieve entries made to their timelines, uploaded images, and which posts they have given a “like,” even if they no longer like that post anymore.

What users may not realize is that Facebook also keeps track of other discoverable information, such as which IP addresses they use to log into their account, ads they click, and much, much more. Regardless of whether or not you deactivate your account, the information remains. Other social media platforms, including Twitter, offer similar functions for downloading stored data. The Internet, in other words, is watching you, even when you are not aware it is.

When using social media, it is important to ask yourself, “Would I be comfortable with anyone seeing my posts?” And by anyone I am talking about your family, your friends, current employers, future employers, clergy, your spouse (even if you have not met him or her yet), and, most consequentially, the police, a judge, and a jury. If you are not, then err on the side of caution.

Of course, when it comes to social media and the difficulty policing its use and abuse, it is possible to be photographed and tagged in a post without your knowledge or consent. Though this can create an uncomfortable situation for you now or far down the road, it can also implicate you in criminal activity in the same way as if you published the image yourself.

If you find yourself involved in illegal activity as a result of your presence on social media, contact a criminal attorney immediately. The laws surrounding how electronically stored information can be used either against or in support of you are complicated, and only a lawyer who is skilled and knowledgeable in this area will be able to apply the information to your advantage or minimize your exposure (no pun intended) as a result of it. There is a reason the Internet is also called the web. If you are not careful, it will trap you.

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Would You Know What to Do? Why You Need a #CriminalLawyer

January 24, 2017 Discover Legal Marketing - Frank Walker Law

“Pop quiz, hotshot. There’s a bomb on a bus…”

Why you Really Need to Speak with a Criminal Defense Lawyer

No, not really. But I always loved that line from the 1994 blockbuster film, “Speed,” starring Keanu Reeves, Sandra Bullock, and Dennis Hopper. In the movie (spoiler alert), Howard Payne, a disgruntled explosives expert now in retirement, plants bombs around Los Angeles, including one on the city bus Bullock’s character, Annie, was memorably forced to drive above 50 mph lest it should explode killing all of its passengers. In a chilling phone call, we hear Payne detail to S.W.A.T. member, Jack Traven, the gruesome scenario for this bombing, poignantly asking Jack as he concludes, “What do you do?”

It is a valid question. What do you do in a situation where there are multiple variables you cannot possibly control? Worse still, what if you are unfamiliar with how those variables can impact your freedom, your future, and in those worst-case scenarios, whether you live or die? In the blink of an eye and when you least expect it, you can find yourself in legal trouble and involved in just such a situation.

Take, for example, the following scenario. You hear a knock on your door. You answer, and two police officers inform you that your neighbor is dead and that you were the last person seen leaving his home two days earlier. They would like to question you. “Sure,” you say. After all, you did not murder your neighbor. Two days ago you were away on a fishing trip, alone. “Why shouldn’t you speak with them?”

So you invite the police into your home and allow them to question you. You are positive that by cooperating you have something to gain. Surely you will be rewarded for being the “good guy.” But did you ever hear the proverb, “No good deed goes unpunished”? I am here to tell you no good can come of speaking with the police without the presence of an attorney, despite your innocence. Here’s why.

Even though you did not murder your neighbor, you may make a statement that can incriminate you. If the police have come to question you, they already have some suspicion about your involvement and, likely, enough probable cause to arrest you before you even say a word. Your chance of dissuading them from arresting you, therefore, is small. However, the more you speak, the more opportunity you have for inadvertently creating further doubt in their minds as to your innocence and, down the road, potentially the minds of jurors. It is easy to make statements that can be disproven later, either because you forget details from your past or do not think a detail is relevant when it is.

If, on the other hand, you did murder your neighbor, are suddenly overcome with guilt, and want to confess, you still should not speak with the police without the presence of a lawyer. There are degrees to many crimes, not only murder, and the evidence you provide or do not provide can determine your charge as well as your punishment. The state is often more lenient with a defendant who cooperates than with one who does not. By immediately admitting guilt to the police, you are in essence making the Government’s case for it, losing your bargaining power in the process.

If you find yourself implicated in a criminal situation, it is important to seek legal counsel as quickly as possible. Those early stages of an investigation can determine the level of your involvement and eventually your sentencing. A skilled, knowledgeable, and experienced criminal attorney will assess your case and advise you exactly how to proceed, thereby minimizing your exposure, and increasing your chances of passing that pop quiz with flying colors. Now I ask you, “What do you do?”

Why If You’re Not a Lawyer You Shouldn’t Play One in Court #Truth #FreeLegalAdvice

January 10, 2017 Discover Legal Marketing - Frank Walker Law

You may remember the popular 80s TV commercial for Vicks® Formula 44 starring “All My Children” soap star, Peter Bergman. In the now iconic ad, Bergman starts out by saying, “I’m not a doctor but I play one on TV,” only to go on advising viewers how to treat a cough. I don’t know about you, but if I were hacking away like the woman in the commercial is, I’d want to hear from a doctor – a real one.

The same goes for hiring a lawyer, especially a criminal one, where matters involving your wallet, your freedom, even your life turn can turn on how well your lawyer represents you in court. Of course, we have all heard the story about your neighbor from childhood whose brother-in-law’s first cousin (once removed) had an ex-wife (his third) who was able to successfully defend herself against a charge of murder without retaining a lawyer. The story was such a feel-good one that it didn’t take long before that former defendant told two friends. And they told two friends. And so on and so on and so on. Wait, wrong 80s commercial.

All kidding aside, this is not only information you cannot trust but more importantly, is information you should not trust. Going to court is no laughing matter. Whether you are charged with a misdemeanor or murder, the impact of a guilty verdict on your life can be pervasive. And lasting.

Take, for example, a situation in which a police officer sees a car on the highway swerve and pulls over its 19-year-old driver, a college student, for driving under the influence. Though the college student had only two drinks while out with his fraternity brothers, he refuses to take the breathalyzer and standardized field sobriety tests during the traffic stop. But because it’s May and hay fever season is in full swing, the college student’s red and watery eyes provide the officer with enough probable cause to arrest him. In fact, it was a violent sneezing fit that caused the student to swerve in the first place.

dui — Frank Walker Law – Criminal Defense Attorney | DUI Lawyer

When the college student and police officer arrive at the hospital that night, they face a crowded emergency room, and by the time the student’s blood is drawn, more than an hour has passed. When the results do eventually come back, the student’s blood alcohol level reveals that he is just below the state’s legal limits. While there were no injuries at the scene and the college student has never been in trouble with the law before, not even receiving so much as a detention during high school, the government nonetheless decides to prosecute. With his entire life in front of him, the college student knows he has a lot at stake and calls his father. The father, who coincidentally heard the feel-good story above, informs his son that he doesn’t need a lawyer and that he will defend him.

Now, I know what you are thinking; how difficult can it be in the Internet age for the college student’s father to research his state’s penal code? Not hard at all. Or obtain legal advice from the copious websites offering it for free? Or view a YouTube video detailing step-by-step instructions about how to behave during a DUI? Yes, all of this information and more is at his fingertips. He can also download episodes of “Law and Order,” catch “My Cousin Vinny” on Netflix, or watch Mr. Brady in “Brady Bunch” episode 72 (spoiler alert!) drop his briefcase in court forcing one Mr. Duggan to turn his head, proving his neck brace and injury is fake.

However, as any skilled and experienced lawyer will remind you, legal representation involves more than a mere reading of the rules and, instead, an in-depth understanding of how to interpret and apply those rules to the unique facts of your case. Such knowledge can only come from years of formal training and practical experience, including familiarity with how courts have previously ruled on cases similar to yours. And should it come to sentencing, a skilled and experienced lawyer will know exactly how to minimize the lasting repercussions your arrest and our favorite college student’s arrest can have over the course of a lifetime.

It’s up to you whether or not you want to roll the dice with your future. Choose Wisely.

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5 Criteria to Examine Before Retaining a #CriminalDefenseLawyer

December 27, 2016 Discover Legal Marketing - Frank Walker Law

Choosing a #CriminalDefenseLawyer and #CriminalDefenseAttorney

If you have ever purchased a home before, you know how many hours it takes to ensure that the investment you are making is a sound one. If you don’t put those investigative hours in at the beginning, you may find yourself living in a neighborhood that you don’t like, in a house with a layout that doesn’t fit your needs, or stuck with a money pit that you weren’t expecting. If one of these scenarios does occur, you may even decide to sell your home and move, losing a lot of money and a lot of sleep in the process. Though it’s a hard lesson to learn, it’s one from which you can still recover.

Similar to buying a home, hiring a criminal lawyer requires a lot of research beforehand. However, unlike purchasing the wrong home, hiring the wrong criminal lawyer can impact more than just your wallet and sleep habits; it can impact your life.

It’s always shocking to me when people invest far less time and effort researching which criminal lawyer to hire than they would if researching where to move. The potential for negative consequences is so much more far-reaching with the former. If as you search for criminal representation you find yourself in uncharted waters, here are five criteria to examine before making your decision.

Referrals. How did you discover the criminal lawyer you are considering? Was that lawyer personally recommended to you? Who recommended them? Did the person making the referral retain that lawyer himself or herself? Not only is it important to obtain references for the lawyer you hire but also that you consider from where the references are coming. If you are unable to get a personal referral from someone you know and trust, there are referral services such as AVVO that can provide you with a rating as well as testimonials for the lawyers in their database.

Experience. How experienced is the lawyer you are considering? How long has that person been in practice and the field he or she claims to be an expert? Does that lawyer have experience with cases similar to yours? Just as you wouldn’t visit a podiatrist for a brain tumor, you likewise wouldn’t hire a real estate lawyer to represent you in a criminal proceeding. There are many talented and experienced lawyers in practice, but unless those lawyers are specialized in the area of law you require, they will be of little help to you in your case. In fact, an inexperienced lawyer or a lawyer with the wrong kind of experience may even hinder you, causing serious repercussions for the outcome of your proceeding.

Representation. Will the lawyer you are interviewing be the only lawyer working on your case? Will he or she be working on it at all and in what capacity? During your initial consultation, be sure to ask if he or she will be personally working on your case or will be delegating the work to another partner or associate in the firm, or even outsourcing the work to a third party. Many times, especially in larger firms, a name partner will merely oversee your case, handing most of it over to one or numerous members of his or her staff, some of whom may not even be lawyers. If other lawyers besides the lawyer you are interviewing will handle your case, ask if you can meet the team who will be involved in your matter, and then interview them as you would the partner you are considering retaining.

Research. Who will research your case? Doing your due diligence? This point is similar to the issues I raised in point three yet sill deserving of individual attention. Research and due diligence are a huge part of your case, and its success may turn on how thoroughly, competently, and creatively that research and due diligence is performed. You want to make certain that those held responsible for conducting research and examining documents are familiar with the area of law within which your case falls. If they are not, they may not understand what is important or relevant to your case and what is not. Be sure also to ask whether the firm you are considering retaining employs a third-party for this service and, if they do, what that firm’s credentials are.

Legal fees. How much will this all cost? How does the firm bill? What services, including court appearances, and costs such as postage and photocopying do the lawyer’s fees include? And, in the event you lose and, therefore, cannot work as a result of your case’s outcome, how will you be able to pay the legal fees that you incur? Though you may not want to think about it, especially if you are in a situation requiring immediate legal representation as so often happens in criminal matters, you must remember that law firms are also businesses and that they need to not only cover their expenses but also be profitable. Depending on the nature of your case, the fee structure can vary. If you are struggling to finance your case, ask the attorney you are interviewing if he or she can come up with a payment plan that will work with your individual needs. An attorney who is interested in handling your matter and feels vested in its outcome will be incentivized to come up with a solution that works well for both of you.

If after doing the necessary legwork you find a criminal lawyer who you believe is competent and will satisfy your needs, ask yourself this one last but equally important question: Am I comfortable? Especially in criminal cases, you may be dealing with a matter of life and death. You want to make sure that you are at ease with the person you will be sharing intimate details with about your life, details that can make the difference between you achieving a positive outcome in your case or not.

Taking time to research your prospective home purchase may mean receiving the key to your next home. Taking time to research your criminal lawyer may mean receiving the key to your freedom. In my book, that’s time well spent. The choice is yours.

How to Avoid Legal Trouble this Holiday Season #MerryChristmas #HappyHolidays

December 24, 2016 Discover Legal Marketing - Frank Walker Law 1 Comment

Merry Christmas from all of us at Frank Walker Law!

This time of year, we frequently receive multiple calls from potential clients needing an attorney for themselves, a friend, family member or acquaintance following an arrest for Drunk Driving, Underage Drinking, Public Intoxication, Underage DUI, Simple Assault, Possession of Narcotics, Theft, Traffic Offenses, or Public Urination.

2016 Christmas Message from Attorney Frank Walker of Frank Walker Law

Although each call brings different issues, since every case is unique, we always ask, “Could this arrest have been prevented?” Since most holiday arrests stem from the excessive consumption of alcohol, the answer to the query of whether legal troubles could have been prevented, is a resounding YES.

Most arrests around the Christmas Holiday can be prevented with a little bit of planning. Namely, by identifying a designated driver prior to hitting the town.

Excessive Drinking Leads to Holiday Trouble

Thus, our FREE LEGAL ADVICE to you is simple: Please enjoy the holiday weekend, spend time with family but do so responsibly!

Please Don’t Drink and Drive or Text and Drive! Officers are on the lookout at #SobrietyCheckPoints and #DUICheckPoints

Lock these Taxi Service numbers into your cellphone before you hit the town or start the festivities:

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

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

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

Call or Schedule a ride with Uber or Lyft

Please help out a friend by shareing this Post to Help Prevent #DrunkDriving and #DUI Accidents this Christmas Holiday.

Thanks and have a Very #MerryChristmas, #HappyKwanzaa, #HappyHanukkah and #HappyNewYear!

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What is Drug Paraphernalia: A Laundry List #Pittsburgh #CriminalDefense

May 31, 2016 Discover Legal Marketing - Frank Walker Law

Pittsburgh Drug Paraphernalia Lawyer - Frank Walker Law — Pittsburgh Drug Paraphernalia Lawyer – Frank Walker Law

Pennsylvania law outlaws the possession of drug paraphernalia as an ungraded misdemeanor punishable with up to a year in jail and a $2500 maximum fine. Compare this with the charge for possession of a small amount of marijuana, which has a maximum penalty of 30 days in jail and a $500 fine, and you’ll see our drug laws are in serious need of reform. Counter-intuitively, it is the paraphernalia charge which is the more serious charge.

Many people don’t even know exactly what qualifies as “drug paraphernalia” and paraphernalia can include many things beyond just a simple bowl or pipe. In Pennsylvania, drug paraphernalia is defined as any device, which is used or is intended to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. The definition covers a lot of different products. It can be something obvious like a pipe, bowl, bong, rolling papers or syringes. However, it covers a lot of other things as well including baggies and envelopes, razor blades, grinders, mirrors, scales, and straws. In cases, with particularly zealous prosecutors, someone may find themselves with several paraphernalia charges for each and every object in their possession used in the drug use process. Even in some cases everyday items like apples or soda cans that have been modified to smoke marijuana have been held to be drug paraphernalia.

What’s important in a drug paraphernalia case isn’t what the object is, but the intent surrounding its use. Pipes used to smoke tobacco are perfectly legal. Those same pipes that are possessed with the intent to use them to smoke weed are not. Some may believe that a pipe with no drug residue on it can not be paraphernalia. That is not the case. Coupled with other evidence that shows that the pipe was meant to be used to smoke marijuana, it may indeed be charged as paraphernalia.

If you have been charged with the possession of drug paraphernalia, its important that you retain an attorney immediately to protect your interests and your professional future. Attorney Frank Walker can advise you on the potential outcomes associated with the case, and make sure your future remains bright beyond the resolution of these charges.

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

March 8, 2016 Discover Legal Marketing - Frank Walker Law

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.

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