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Friday, April 5, 2013

Facing a Probation Violation?

When arrested and convicted for a criminal offense, a Defendant can be sentenced to probation, which is typically a term of supervision by a probation officer where the Defendant is required to obey all laws, check in periodically with the assigned officer and most importantly, refrain from being arrested for any additional charges.
 
If the Defendant get arrested while on probation, the Judge who imposed the probation usually places a probation detain on the Defendant, which means, if the Defendant is arrested on new charges, goes to the county jail and posts bail, the Defendant will not be able to leave the jail due to the detainer being placed on their docket.
 
Probation detainers typically can only be addressed after the case for which the detainer was lodged is closed. For example, Defendant is on probation for Aggravated Assault and while on probation gets arrested for a DUI. A probation detainer is lodged due to the violation of probation: getting a new charge while on probation. In this case, the detainer will be addressed once the DUI charge is resolved and the Defendant remains in jail until the probation violation hearing.
 
An experienced criminal defense Attorney can assist with probation violations by suggesting alternative confinement placement for the Defendant to serve the detainer period. Or, in the Alternative, the Attorney can file a motion to have the detainer lifted by the original Judge who imposed the probation detainer.
 
In either case, the earlier the Attorney is involved in the case and made aware of the violation, the better chance of the detainer being lifted or transferred to another place of confinement.  Our experienced staff members are knowledgeable of probation detainers, violations and work hard to quickly to resolve the possible violation.
 
Contact our office today to schedule a Free Consultation.


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Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell

Follow us on Twitter @frankwalkerlaw

Thursday, April 4, 2013

Things to Consider for a Bail Hearing

Our office receives many calls from clients seeking a bail attorney: Someone to argue for a bail reduction for a client.
Request for a bail reduction should be thoroughly researched prior to making the request. For example, how many times has the Defendant failed to appear in the past? Is the Defendant charged with a violent offense? What are the Defendant's ties to the community? Does the Defendant live in the jurisdiction?
These are just some of the questions the presiding Judge will need answered prior to even considering a bail reduction. An experienced Bail Attorney will review the Defendants entire background including family background, criminal history, meet with the bail agency and review all documents on the case prior to filing a petition requesting a reduction in bail.
If you are looking to hire an Attorney to file a petition for a bail reduction, contact our office today to schedule a free consultation and review of the paperwork for the case. Our staff will research the issue, file the petition and attend the hearing to request the reduction.



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Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense - Injury Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Toll Free
412.315.7441 Office
412.532.6805 Cell

Follow us on Twitter @frankwalkerlaw

Wednesday, April 3, 2013

Mandatory Minimum State Sentences

In Pennsylvania, the sentencing commission has deemed that certain Defendants should be subject to mandatory minimum sentences in certain circumstances.
For example: A person who commits a violent offense with a deadly weapon is subject to a mandatory minimum sentence of 5 years. A person who is convicted of possession with the intent to deliver narcotics and it is proven by the preponderance of the evidence that he was in actual or constructive possession of a firearm, he is subject to a mandatory minimum sentence of 5 years in state prison. The sentencing judge has no discretion in imposing these sentences.
If you have been charged with possession of a firearm while also charged with possession with intent to deliver narcotics, contact our law firm immediately to discuss your options. In some instances, the mandatory sentence can be negotiated. In other cases, the best possible case will be to opt to for a trial.
 
The decision to plead guilty or opt for a trial is the decision of the client. However, such decision should not be made without consultation with an experienced attorney and knowledge of all the possible penalties.
 
Contact our lawfirm today to schedule a free consultation.


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Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense Site
Personal Injury, Medical Malpractice & Wrongful Death Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Office
412.532.6805 Cell

Follow us on Twitter @frankwalkerlaw

Tuesday, April 2, 2013

What to Do when Facing Multiple DUI Charges?


Have you or someone you love been charged with DUI? For first time offenders, you may be eligible for the ARD program where, upon successful completion, you are eligible for an expungement. However, when charged with a second or subsequent DUI charge, the rules change.  
 
In Pennsylvania, you are only eligible for the ARD program every 10 (Ten) years. Therefore, more than one DUI arrests within ten years require special attention as you can be subject to maximum penalties that include, but are not limited to: probation, house arrest or even jail time.  Multiple DUI's must be evaluated on a case by case basis.
 
For example, a person who has been arrested for a second DUI within ten years and the DUI involves an accident is different than a person who has a third DUI within ten years with no accident but refused the breathalyzer at the scene.  
 
You need an experienced DUI lawyer to review your case, go over all the possible options and show you the likely outcome. In some instances, an experienced attorney may be able to help you avoid jail time by suggesting alternative confinement options.  Contact our Office Today to schedule a Free consultation: 412.315.7441

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Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense Site
Personal Injury, Medical Malpractice & Wrongful Death Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Office
412.532.6805 Cell

Follow us on Twitter @frankwalkerlaw

Monday, April 1, 2013

Denied SSI Benefits?

If you or someone you love have been denied SSI benefits you may be entitled to recovery of your current and back benefits. However, you must act quickly as certain challenges to denials can be denied as being untimely.
Our law firm recently opened a SSI division that deals strictly with SSI claims that were denied or delayed by the government. Some denials are warranted due to certain restrictions, untimely or improper filing. However, most denials can be challenged with the proper legal representation reviewing the documents and case history to make sure that your rights are vigorously protected.
If you are unsure if you qualify for benefits or seek to challenge the unlawful denial of your benefits, please contact our office immediately to schedule a free consultation and review of your claim or claims at 412.315.7441. In the meantime, feel free to visit our website at http://www.frankwalkerlaw.com/Personal-Injury/Supplemental-Security-Income.aspx to review informative material regarding SSI benefits and links to helpful websites for forms and filings.
 Don’t wait! Contact our firm today for a free review and evaluation of your SSI case.




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Pittsburgh Criminal Defense & Injury Attorney Frank Walker
Pittsburgh Criminal Defense Site
Personal Injury, Medical Malpractice & Wrongful Death Site
Morgantown, West Virginia Criminal Defense Site
1-800-496-4143 Office
412.532.6805 Cell

Follow us on Twitter
@frankwalkerlaw