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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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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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Be Prepared From the Start: The Basics of Preliminary Hearings

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The preliminary hearing is one of the first, most important steps in any new criminal case. If you or a loved one has been accused of a criminal offense you may be wondering what the role of the preliminary hearing is in the proceedings. You may be wondering what the potential outcomes of a preliminary hearing are, and you may have questions as to your rights and obligations in regards to the hearing.

At a preliminary hearing, the Commonwealth has the burden to show that they have what is called a prima facie case relating the charges alleged. Prima Facie is latin for “at first sight.” Generally speaking, the Commonwealth must present evidence and testimony that, if taken as true, would arise to a violation of the criminal code. The burden of proof is lower at a preliminary hearing, as hearsay is admissible as evidence. Also, the preliminary hearing is not the time for challenges based on the credibility of witnesses. Instead, the only assessment is whether, if what the Commonwealth is presenting is taken at face value, that those allegations would meet the elements of the crimes charged.

A majority of cases that reach a preliminary hearing are bound over for court. The preliminary hearing is not a trial. It is merely the beginning of your criminal case. In some cases the goal of the preliminary hearing is to have the charges dismissed based upon a finding of a lack of a prima facie case. However, a preliminary hearing serves other functions important to the defense. It is often the first opportunity to hear what the Commonwealth is offering as evidence against you. This is the first step to begin building a proper defense, figuring out who the witnesses will be and what potential evidence is out there ahead of discovery. Also witnesses for the Commonwealth will have testimony on the record that can be used against them at a potential suppression hearing or at trial.

In some cases, it may be a good idea to waive the preliminary hearing. Though a preliminary hearing is important in many cases, often times waiving a preliminary hearing can have benefits as well. An attorney may at times negotiate a reduction in bail or potential recommendations for programs such as ARD in which the waiver of the preliminary hearing is used as a bargaining chip.

If you or a loved one has an upcoming preliminary hearing, now is the time to retain an experienced criminal defense attorney. The preliminary hearing is the first of many strategic moves for defense counsel to handle that will begin to shape your entire case. Attorney Frank Walker has defended hundreds of criminal cases in Allegheny County and the surrounding areas and can aid you in building the best legal defense possible. Call the offices of Frank Walker Law at (412) 315-7441 to set up a consultation today!

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Stark Warnings for #JasonAldean #Pittsbugh Concert Attendees

Frank Walker Law Jason Aldean Concert Rules Road Closures Pittsburgh Tickets

In June of 2014, more than 50,000 people packed Heinz Field in Pittsburgh, home of the Pittsburgh Steelers, to see Country Star Luke Bryant in Concert.  Many lauded the event as the kick-off to Summer of 2014 and it seems a good time was had by all attendees.

However, Pittsburgh Police stayed busy before, during and after the concert issuing 37 non-traffic citations for scalping, disorderly conduct and public intoxication.  In addition, seven arrests were made for disturbances ranging from physical fights to mere shouting matches.

However, most disturbing to Pittsburgh officials was the aftermath of the concert: Trash in the Parking Lot from thousands of pre-concert tailgaters.  With Country star Jason Aldean poised to take the stage at PNC Park, Home of the Pittsburgh Pirates, Pittsburgh Officials are planning ahead to prevent a repeat cleanup from the Luke Bryan Concert.

Here are some rules to keep in mind if you plan on attending the concert this weekend: 

1. Parking Lots will open at 2pm not 11am – No waiting/street lining will be allowed. City Ordinances will be enforced in neighboring towns

2. All Vehicles in designated lots will be given trash and recycling bags

3. More than 200 Port-o-Johns will be available

4. No tailgating will be allowed once the first act takes the stage

5. Anyone without a ticket to the show will be asked to vacated the parking lots

6. Outbound Lanes of Liberty Tunnel will be closed through Monday

7. Inbound lanes of Liberty Tunnel will be closed from 8pm to 6am through August 8th.

8. Single Lane overnight Closures for inbound & outbound lanes of Squirrel Hill Tunnel from 10pm to 10am Friday and Saturday Night.

Best Advice for the Concert: Enjoy yourself responsibly, designate a safe driver and be mindful of all lane and road closures before you head into town.

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.

If you or someone you love are facing criminal charges or seriously injured in an accident, 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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Marshals Go to Home Looking for Parole Violator – Find #MurderSuspect

U.S. Marshals recently arrested a man in Pittsburgh which the agency believes was responsible for a murder in December 2013.

The suspect was captured in New Kensington by the Marshals’ Western Pennsylvania Fugitive Task Force after the task force went to a home on the 500 block of Freeport Road looking for different suspect who was wanted on a parole violation. Inside the home, law enforcement agents allegedly found firearms, a drug scale, and a substance which is suspected to be heroin.

According to law enforcement officials the murder suspect is thought to have killed his victim on December 10, 2013, shooting him three times from behind.  The incident was allegedly caught on surveillance video, which helped authorities identify the suspect.

The suspect is currently being charged with attempted homicide, criminal homicide, and carrying a firearm without a license, among other charges.

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.

If you or someone you love are facing criminal charges or seriously injured in an accident, 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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Pittsburgh Elementary School Teacher Charged With Rape

A music teacher at Avonworth Elementary School was arrested on Friday after being charged with sexual assault on one of his relatives beginning in 2002 when she was 10 years old. The teacher was placed on administrative leave by school officials. The Ben Avon resident is a former high school and middle school band teacher, and has been banned from school property. He is currently being held in the Allegheny County Jail on $200,000 bond. The sexual assault was first brought to light in 2009 when the accuser was 17 years old. She confided in officials at a local faith-based organization when she became concerned that her attacker may have gotten her pregnant.

An investigation was launched by police when the organization’s officials reported the abuse, but the girl recanted her statement regarding the attacks – and as a result there were no charges filed. She said that the abuse took place “on and off” for a number of years starting when she was 10 but police were not able to find any evidence to back up her story or the details thereof.

Despite her recantation, the girl insisted in a more recent interview with police that her initial statement was a truthful one and that her attacker had written her a letter expressing romantic feelings for her which she says he personally delivered to her during the fall of 2013. The accused has been charged with rape, sexual assault, and other crimes related crimes, and will appear in court for a preliminary hearing on February 13th of this year. The school superintendent stated in a letter addressed to parents of children within the school district that the district is cooperating with police and the district attorney’s office, but that no further comment could be made for the sake of the integrity of the ongoing investigation.

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.

If you or someone you love are facing criminal charges or seriously injured in an accident, 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.