Tag Archives: Pittsburgh Public Intoxication attorney

Common College Crime Series: #PublicIntoxication

Passed Out in Public due to Public Intoxication

Anyone who has been around a college campus, college bars and houses around 2 am on a weekend can attest to the fact that its not uncommon to see college aged kids who have clearly had too much to drink.  They may be weaving down the sidewalk, throwing up, or just generally being loud and obnoxious. It is also not uncommon to see those same inebriated people get arrested for public intoxication a few moments later.

Though the severity of the offense and the penalty for a conviction of public intoxication may vary depending on the state, there are basic principles behind the offense.  Generally speaking, and this may seem obvious from the title, to convict you of public intoxication the government must prove that you were both 1. in public, and 2. clearly intoxicated.  What constitutes a public place for purpose of the statute generally depends on its openness to the public.  For example, a private club that is closed to the public, such as one that requires membership, won’t be considered a public place for purpose of the statute.  Also some states have specific requirements that the intoxicated person must be a nuisance to the public. That requires other people being around, and that the intoxicated persons behavior interfere in some way with their enjoyment of the public space.

As for intoxication, there is no specific level of intoxication such as a BAC level that determines whether someone is per se intoxicated.  These statutes are usually not limited to just alcohol, as being under the influence of drugs, with or without alcohol,  will satisfy the intoxicated prong of the statute as well.  Whether someone is intoxicated is generally a judgment of reasonableness. For the most part, you know it when you see it. And as stated above, some states public intoxication statutes require that the intoxicated person be a nuisance to others, so if the behavior is nothing that would bother the other people there, in those states a public intoxication charge would be improper.

If you or a loved one has been charged with public intoxication, consult with an attorney.  An experienced attorney can help fight the charges, get them dismissed, or pursue alternative remedies that may avoid a conviction altogether.  Attorney Frank Walker is a lawyer you can trust to fight for you. With offices in Pittsburgh, PA and Morgantown, WV, Attorney Walker has years of experience providing zealous representation to college students and the general public.   Call 412-532-6805 to reach the Pittsburgh office or (304) 712-2089 for the office in Morgantown. Call today!

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, Best Attorneys in America and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

If you or someone you love are facing criminal charges or seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805, 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

When a Night Out on the Town Becomes a Night in Jail: Public Drunkenness and Disorderly Conduct Charges

Pittsburgh Public Intoxication Lawyer - Frank Walker Law
Pittsburgh Public Intoxication Lawyer – Frank Walker Law

Sometimes a night of drinking can go a little too far, and get a little too loud and unruly. Once cops become involved, criminal charges can be quick to follow.  Two of the most common, and misunderstood, charges levied in these situations are charges of Public Drunkenness and Disorderly Conduct.

        Public drunkenness requires that a person be manifestly under the influence of alcohol. The public drunkenness statute also applies to intoxication caused by controlled substances.  However, this statute is not intended to outlaw having a few drinks and walking home. Just having alcohol on your breath or a slight stagger in your gait should not be enough to end with criminal charges.  On the other hand, being loud and falling down drunk on a city sidewalk is most likely going to end with a public drunkenness charge.

        Charges of public drunkenness often go hand in hand with disorderly conduct charges.  However, there are significant differences. The first and most obvious, is that a disorderly conduct charge has no requirement of intoxication.  The disorderly conduct charge requires that the offender cause or intend to cause substantial harm or serious inconvenience.  This can be accomplished by disturbing the peace through the screaming of loud obscenities or reckless conduct that causes a serious obstruction to the public.

        Just drinking or being loud aren’t in and of themselves crimes worthy of punishment.  However, under the wrong circumstances, you may find yourself facing one of these widely used, and some would say overused, charges.  The burden is on the Commonwealth to prove the elements of these charges. Merely being present on the scene, or having a few drinks, or being in a disagreement with someone, is not enough to sustain a legitimate conviction.  However, as the saying goes, you can beat the rap but you can’t beat the ride. Meaning that although you may ultimately prevail in a court of law, certain behaviors may still land you in cuffs awaiting a summary trial hearing or a preliminary hearing.

        However, just because you’ve been charged with an offense, doesn’t mean you’re guilty.  Handled the wrong way, a charge for public drunkenness or disorderly conduct may interfere with your work life and end up on background checks for years to come.  If you are facing charges of public drunkenness or disorderly conduct after a night out, don’t just plead guilty! Retain Attorney Frank Walker today! With the help of Frank Walker Law, you can potentially get the charges dismissed or reach alternative agreements in lieu of a conviction. And if you’ve been convicted of a public drunkenness or disorderly conduct charge, Attorney Walker can help get the charges expunged and your record wiped clean. 

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.

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.

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.

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 412-315-744124 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

How Attending a #Pittsburgh Concert Can Impact Your Future

Several citations were issued and a number of arrests were made after a concert on the night of June 21st at Heinz Field.  A spokesperson for the #Pittsburgh police department said that both during and after the event there were 15 fights reported as well as more than 250 calls to 911 requesting police and medical services, and more than 30 people transported to area hospitals for a variety of injuries. There were also several citations issued for non-traffic related offenses including 20 people cited for scalping tickets to the event, one person cited for public intoxication, 10 people cited for public urination, and six people issued disorderly conduct citations.

In addition to the citations there were a number of arrests made. One arrest was made for disorderly conduct, one on an outstanding warrant, two arrests for assault, and three for defiant trespass. There were other arrests made in the area including several for domestic issues and prostitution but it was not made known whether they were connected to the activities associated with the concert event.

Many people may not know this but certain citations and arrests for seemingly minimal crimes and infractions, such as public intoxication, can have long term effects on your ability to get a job or even qualify for special programs. If you have been arrested or cited for an otherwise minor infraction, it may be to your benefit to fight it instead of simply paying it or pleading guilty. Give my office a call now to discuss.

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 412-315-744124 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.

Pittsburgh Public Intoxication Lawyer Commerical with @DjScottro @961KISS

New Commercial with @DjScottro from @961KISS about the dangers of Public Intoxication.

http://www.961kiss.com/media/play/24438823/