Tag Archives: DUI Defense

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

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

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.