Criminal Defense

Child Custody In Cases Involving Rape

Posted on January 31 2016 by Todd Spivak and Rebecca Canterbury

Mothers of children conceived by rape can be forced to share custody of the child with their rapists. Many states allow courts to terminate the parental rights of rapists, but most of them require that the men first be convicted. However, less than one-fifth of rapes are even reported, and only about 5 percent of those result in convictions.

Last year, Congress passed the Rape Survivor Child Custody Act, which pledges money for states that pass laws denying parental rights to men if the mothers show in family court that they have been raped. In family court, the victims need only prove that the rape occurred by “clear and convincing” evidence – not the tougher “beyond a reasonable doubt” standard used in criminal courts.

Spivak Law Firm provides strong, compassionate representation in all family law and criminal defense matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Expand Expungements In Pennsylvania

Posted on January 14 2016 by Todd Spivak and Rebecca Canterbury

A criminal record can ruin your job opportunities. In Pennsylvania, convictions for misdemeanors and felonies will stay on your record for life – even for people who go decades without ever re-offending.

But that might change.

Currently the Pennsylvania Legislature is considering proposals to expand expungements to misdemeanors after a period of good behavior.

Some proposals offer expungements after a period of seven years of freedom from arrest or prosecution for third-degree misdemeanors. Other proposals offer expungements to individuls under 25-years-old for second-degree misdemeanors after ten years free of arrest or prosecution.

Spivak Law Firm understands the importance of a clean criminal record. To speak with an experienced expungement lawyer, call us at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Frees Inmate

Posted on December 18 2015 by Todd Spivak and Rebecca Canterbury

Thanks to Spivak Law Firm, Doug (not his real name) is a free man again.

Doug violated his probation and ended up back in Allegheny County Jail for a domestic dispute. We negotiated an agreement to dismiss the charges upon completion of anger-management counseling.

But that would take six months.

And Doug’s probation violation hearing would not even be scheduled until he completed the counseling. That means he would likely sit in jail for at least eight months until a judge would even consider his release.

Spivak Law Firm petitioned the judge to lift Doug’s detainer. At the hearing, we persuaded the judge to lift the detainer so Doug could go back to work and help raise his infant child.

Instead of waiting eight months, Doug was back at his job and seeing his baby after just three weeks.

“Thank you for helping me get a second chance,” Doug told us after his release.

Spivak Law Firm handles all criminal matters including: felony, misdemeanor and summary charges, probation violations, and criminal-record expungements. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

5 Reasons To Fight A Summary Offense

Posted on December 7 2015 by Todd Spivak and Rebecca Canterbury

If you’re charged with a summary offense, fight it. Here’s why:

First, if the police officer doesn’t show up to the hearing, the judge will dismiss it.

Second, if you did not commit the crime, you should never plead guilty just for the sake of expediency.

Third, even if you committed the crime alleged, your attorney may be able to strike a deal. For instance, the charges may be dismissed on condition that you complete community service.

Fourth, even if you’re found guilty at the summary trial, you have the right to appeal within 30 days and get a new trial before a different judge.

Fifth, a conviction will remain on your criminal record for five years before you can even begin the process of expungement.

To speak with an experienced summary trial attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Defending College Students at Summary Trials

Posted on November 16 2015 by Todd Spivak and Rebecca Canterbury

If you’re a college student, the last thing you need is a criminal record. Even a summary offense on your record may limit your employment opportunities before and after graduation.

Spivak Law Firm routinely helps young adults in their late teens and early 20s by providing strong, effective representation at summary trials. Common offenses include:

Disorderly Conduct
Harassment
Retail Theft
Public Urination
Criminal Mischief
Underage Drinking
Defiant Trespass
Animal Cruelty
Loitering
Traffic Violations

If you’re charged with a summary offense, we recommend fighting the charge to avoid a criminal record. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Comic Bill Burr Riffs On Domestic Violence

Posted on October 19 2015 by Todd Spivak and Rebecca Canterbury

Domestic violence is no laughing matter – except in the hands of comedian Bill Burr, who will be performing two sets in Pittsburgh this week at Heinz Hall.

Here’s an excerpt from the funnyman’s 2012 special You People Are All The Same:

“Obviously I’m not saying to hit a woman, you know. But saying there’s no reason, I think that’s crazy.

When you say there’s no reason, that kills any sort of examination as to how two people ended up at that place. You say there’s no reason, you cut out the build-up; you’re just left with the act. How are you gonna solve it if you don’t figure it out?

Look how awkward it is in here right now. I said you shouldn’t hit a woman. I’m just saying, how come you can’t ask questions? You can only ask questions about what the guy did. You can never about the woman. Why is that?

Look, I understand hitting a woman’s a bad thing, okay. How come you can’t ask questions? I just don’t understand.

Like, if I got bit by a rattlesnake, wouldn’t you guys have some questions? Right, how did it happen? Did you not see it? Were you [messing] with it? How did a snake get so mad it almost killed you?

Firemen put out a fire, they don’t just drive away afterward. They sift through the debris. How did it start? Here’s an oily rag! Right?

Look I realize I’m coming off pretty ignorant right about now. I realize that. Let me extend an olive branch then, okay?

I realize that there are some animal guys out there. Horrible guys, you know, have a rough day at the factory, come home – ‘tuna casserole?’ – and just start swinging, all right? I’m not trying to say that those people don’t exist. I realize that they exist. They should be buried underneath the prison. Okay?

So if I can admit that, ladies, can you at least admit that every ass-kicking doesn’t just fall out of the freakin’ sky? Really?

Even hockey has two minutes for instigating!”

Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

In A PFA, What Is Third-Party Contact?

Posted on September 30 2015 by Todd Spivak and Rebecca Canterbury

Victims of domestic violence, harassment, and stalking are often instructed to obtain a Protection From Abuse (PFA) Order that restricts contact between the parties. A PFA is also known as a restraining order or no-contact order.

In Allegheny County, a PFA Order typically states that the alleged abuser shall not contact the victim, including through third persons. What does that mean exactly?

Third-party contact refers to having a friend or family member contact the victim about the PFA. For instance, if you are a defendant in a PFA matter, you cannot have a mutual friend pressure the victim into withdrawing the PFA.

Indeed, you cannot communicate any message to the plaintiff whatsoever. Even a non-threatening message such as “I miss you” could get you arrested for violating the no-contact order.

Spivak Law Firm provides aggressive representation for defendants and victims at PFA hearings. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Why You Should File A Summary Appeal

Posted on September 30 2015 by Todd Spivak and Rebecca Canterbury

In Allegheny County, if you are convicted of a summary offense such as harassment, disorderly conduct, retail theft, defiant trespassing, or underage drinking, then you should seriously consider filing a summary appeal.

If you file a summary appeal within 30 days of the conviction, you will be given a new trial – known by attorneys as a trial de novo – in the Court of Common Pleas.

There often is no transcript of the original summary trial conducted before your local magistrate. Thus, a summary appeal provides a second opportunity to have the charges against you dismissed.

At Spivak Law Firm, we handle summary trials, summary appeals, and expungements of criminal records. To schedule a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Are You A Victim Of Stalking?

Posted on July 22 2015 by Todd Spivak and Rebecca Canterbury

Stalking frequently occurs when someone tries to leave an abusive relationship. Statistics show that 60 percent of female stalking victims are stalked by their intimate partner.

If you are a victim of stalking, you may file a police report and/or obtain a Protection From Abuse (PFA) Order. It may also be helpful to have an attorney send the stalker a defiant trespass letter telling them that:

–You do not want contact with them

–You do not want them near your home, work, or school

Such a letter from an attorney is most effective if you can prove that the stalker received it and the police get a copy. If the stalking continues, you may then have a strong criminal case against your abuser for stalking, harassment, and defiant trespass.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all domestic violence matters, including: PFA hearings, criminal hearings, child custody hearings, and CYF hearings.

For a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Stop False Reports To Child Abuse Hotlines

Posted on May 17 2015 by Todd Spivak and Rebecca Canterbury

People engaged in child custody battles can exploit child abuse hotlines by falsely reporting abuse in an effort to gain leverage in Court.

The public should not be allowed to make anonymous reports to child abuse hotlines, as these calls can result in innocent parents losing their kids, according to family law professor Dale Margolin Cecka of the University of Richmond.

A study of anonymous public reports found that nationally, only 1.5 percent of all reports are both anonymous and substantiated.

Professor Cecka distinguishes between the criminal justice system and Child Protective Services:

“The criminal justice system does not permit lay people to make completely anonymous reports. Before arresting or detaining anyone on the basis of an anonymous tip, police must also corroborate aspects of the allegation made by the confidential caller.”

Child Protective Services, meanwhile, “has an opposite mandate: It must visit a home after an anonymous call, if the allegations meet the legal definition of ‘abuse’ or ‘neglect.’”

The public should never be allowed to anonymously call a child abuse hotline, Professor Cecka concludes.

Spivak Law Firm provides aggressive representation in all high-conflict child custody and child abuse cases. To schedule a free consultation, call (412) 344-4900 or toll free at (800) 545-9390.