a written order by a judge which permits a law enforcement officer to search a specific place (eg. 112 Magnolia Avenue, Apartment 3, or a 1991 Pontiac, Pennsylvania license number 123ABC) and identifies the persons (if known) and any articles intended to be seized (often specified by type, such as "weapons," "drugs and drug paraphernalia," "evidence of bodily harm"). Such a search warrant can only be issued upon a sworn written statement of a law enforcement officer (including a prosecutor).
The 4th Amendment to the Constitution specifies: "…no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized." The 14th Amendment applies the rule to the states. Evidence unconstitutionally seized cannot be used in court, nor can evidence traced through such illegal evidence.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Tuesday, November 10, 2009
Saturday, October 10, 2009
What's the Difference Between a Felony and a Misdemeanor?
Most states break their crimes into two major groups: felonies and misdemeanors. Whether a crime falls into one category or the other depends on the potential punishment. If a law provides for imprisonment for longer than a year, it is usually considered a felony. If the potential punishment is for a year or less, then the crime is considered a misdemeanor.
In some states, certain crimes are described on the books as "wobblers," which means that the prosecutor may charge the crime as either a misdemeanor (carrying less than a year's jail time as punishment) or a felony (carrying a year or more).
Behaviors punishable only by fine are usually not considered crimes at all, but infractions -- for example, traffic tickets. But a legislature may on occasion punish behavior only by a fine and still provide that it is a misdemeanor -- such as possession of less than an ounce of marijuana for personal use in California.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
In some states, certain crimes are described on the books as "wobblers," which means that the prosecutor may charge the crime as either a misdemeanor (carrying less than a year's jail time as punishment) or a felony (carrying a year or more).
Behaviors punishable only by fine are usually not considered crimes at all, but infractions -- for example, traffic tickets. But a legislature may on occasion punish behavior only by a fine and still provide that it is a misdemeanor -- such as possession of less than an ounce of marijuana for personal use in California.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Sunday, September 20, 2009
New Radio ad from Pittsburgh Attorney Frank Walker - Call for Free Consultation for Arests at Pittsburgh G-20 Summit
Going out this weekend in Downtown Pittsburgh? Pittsburgh Attorney Frank Walker has a Free public service announcement for you and your friends: Don't Drink and Drive. Dui Charges in Pittsburgh require immediate attention and action. For a free consultation visit FrankWalkerLaw.com or call Frank at 412. 401. 1764.
***ALSO - Pittsburgh Attorney Frank Walker will be available for consultations during Pittsburgh G20 summit. Contact Frank at 412.401.1764 for consultations during Pittsburgh G-20 summit ***
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Wednesday, September 2, 2009
Law Terms: Expert Witness
Expert Witness - a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case.
It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects.
Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects.
Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Monday, August 31, 2009
Law Terms: Evidence
Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. Evidence can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial).
Evidence includes so-called "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact. Comments and arguments by the attorneys, statements by the judge and answers to questions which the judge has ruled objectionable are not evidence.
Charts, maps and models which are used to demonstrate or explain matters are not evidence themselves, but testimony based upon such items and marks on such material may be evidence. Evidence must survive objections of opposing attorneys that it is irrelevant, immaterial or violates rules against "hearsay" (statements by a party not in court), and/or other technicalities.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
Evidence includes so-called "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact. Comments and arguments by the attorneys, statements by the judge and answers to questions which the judge has ruled objectionable are not evidence.
Charts, maps and models which are used to demonstrate or explain matters are not evidence themselves, but testimony based upon such items and marks on such material may be evidence. Evidence must survive objections of opposing attorneys that it is irrelevant, immaterial or violates rules against "hearsay" (statements by a party not in court), and/or other technicalities.
Pittsburgh Criminal Defense Attorney Frank Walker
FrankWalkerLaw.com
412.227.0290
412.401.1764
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