Criminal Defense

How To Appeal A Summary Trial Decision

Posted on August 24 2014 by Todd Spivak and Rebecca Canterbury

Trials often determine important rights of the individuals involved. Even two reasonable people may disagree with the results of a trial. The judicial system in Pennsylvania has a built-in process where you can appeal a District Judge’s decision and be heard before a different judge. This is called a trial de novo. Allegheny County residents have 30 days from the date of a summary trial decision to file an appeal at the Department of Court Records, Room 115, Allegheny County Courthouse, in downtown Pittsburgh.

To speak with a Pittsburgh criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania’s Juvenile Justice System

Posted on July 26 2014 by Todd Spivak and Rebecca Canterbury

The juvenile justice system in Pennsylvania is based on the idea of Balanced and Restorative Justice, which aims to give balanced attention to victims of crime, the community, and juvenile offenders.

This system aims to restore victims to their pre-crime situation, keep the community safe, and help juveniles become productive, law-abiding citizens. Juveniles are held responsible for their actions while victims are given the chance to have a say in the court process. Every case is different, and the juvenile justice system encourages individual responses based on each case’s unique characteristics.

If your child faces juvenile delinquency, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFAs, Domestic Violence, & Child Custody

Posted on July 19 2014 by Todd Spivak and Rebecca Canterbury

What should you do if you face a Protection From Abuse (PFA) restraining order while criminal domestic violence charges are also pending?

In most cases, you should continue the Temporary PFA until after the criminal case is resolved because any testimony opposing the civil PFA might be used against you in the criminal action.

If kids are involved, and the Temporary PFA restricts your right to see your kids, you may consider asking the Court for a hearing seeking supervised visitation until the criminal case is resolved. Otherwise, you run the risk of not seeing your kids for several months.

Spivak Law Firm has extensive experience handling PFAs, criminal domestic violence, and child custody matters. To speak with an attorney, call (412) 344-4900 or toll free at (800) 545-9390.

Who Can Testify At My Summary Trial?

Posted on July 5 2014 by Todd Spivak and Rebecca Canterbury

At a summary trial, judges tend to not want to hear from character witnesses.

Generally, to be a competent witness, the person testifying must have been present at the event that gave rise to the charges. All testimony must be relevant to the charges or defense, and the judge will likely not permit irrelevant testimony, such as information about the defendant’s good reputation, good driving history, etc. Each witness can be cross-examined. The judge is charged with the responsibility of conducting the trial, determining who can testify, admitting evidence, and ruling on evidentiary objections.

After all testimony and argument, the judge will announce a decision in open court at the conclusion of the trial. Once a decision has been announced, the trial is ended and the result is final.

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

Summary Offenses Can Carry Stiff Penalties

Posted on June 2 2014 by Todd Spivak and Rebecca Canterbury

Although a summary offense is low-level crime, you should seriously consider retaining an experienced criminal defense attorney to fight the charge because a conviction can have long-lasting adverse effects.

Summary offenses may carry stiff penalties, including fines and up to 90 days in jail. Additionally, you cannot even begin the process of expunging a summary offense from your criminal record for five years.

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

Legalize Pot, Says Allegheny County Coroner

Posted on May 10 2014 by Todd Spivak and Rebecca Canterbury

Former Allegheny County Coroner Cyril Wecht presents strong and convincing arguments for legalizing medicinal marijuana and decriminalizing the drug in Pennsylvania.

“As a forensic pathologist performing autopsies on hundreds of people each year who die as a result of drug toxicity,” Wecht wrote recently in the Pittsburgh Post-Gazette, “I have never signed out a death due to cannabis, nor have I ever seen such an autopsy report from any other forensic pathologist.”

Wecht decries the decades-long propaganda campaign against marijuana. “Marijuana is not an addictive drug that leads to physiological habituation and tolerance,” he writes, contrasting it with the countless deaths directly caused by popular legal substances such as alcohol, antidepressants, sedatives, and opioids.

Wecht supports legalizing medicinal marijuana and decriminalizing marijuana use and possession. Currently, two states have completely legalized marijuana and 18 other states have decriminalized it. “There simply is no rational reason, medical logic or justifiable legal basis for the refusal of the federal government and most states to decriminalize marijuana,” Wecht writes.

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

What To Expect At Your Summary Trial

Posted on May 4 2014 by Todd Spivak and Rebecca Canterbury

In every criminal trial, the Commonwealth of Pennsylvania bears the burden of proving that the accused committed the alleged offenses. This is also true for traffic and other summary offenses such as public drunkenness, disorderly conduct, underage drinking, harassment, defiant trespass and others.

The summary trial is conducted in a courtroom. First, all the parties who are expected to testify will be sworn to tell the truth. This makes lying in the proceeding a crime: perjury. Then it is the Commonwealth’s turn to present its case. The Commonwealth goes first in every criminal case. It must prove each “element” of the crimes or offenses that the accused allegedly committed.

In summary traffic trials, it will likely be the police officer that represents the Commonwealth and testifies as to what he or she saw. The officer may call other witnesses to testify as to what they observed. In some cases, an Assistant District Attorney may appear and take charge of the prosecution.

After the Commonwealth has presented its case, the Defense gets its turn. This will be your opportunity to be heard by the Court. You can offer any testimony, explanations or defenses that you may have. You can also call witnesses to testify on your behalf.

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

No Guns For Domestic Violence Offenders

Posted on April 1 2014 by Todd Spivak and Rebecca Canterbury

The United States Supreme Court recently ruled that federal law prohibits anyone convicted of a felony or misdemeanor domestic violence charge from possessing a gun. The ruling specifically states that the federal law applies even in cases where there is no proof of violent acts or physical injury.

In Pennsylvania, criminal domestic violence charges generally include but are not limited to simple assault, aggravated assault, harassment, stalking, child abuse, and reckless endangerment of another person.

The federal law prohibiting gun possession does not encompass Protection From Abuse (PFA) orders. A PFA is a civil matter and only becomes criminal if the person restricted by the PFA is accused of violating the order.

To speak with an experienced Pittsburgh PFA and criminal domestic violence defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Expungement Necessary Even If Case Dismissed

Posted on March 5 2014 by Todd Spivak and Rebecca Canterbury

Many people make the mistake of thinking that their records will automatically be wiped clean if their criminal charges are dismissed or withdrawn. This is not true.

Even if your charges are thrown out, you still need to go through the expungement process to erase them from your criminal background. This may be especially important if the nature of the charge itself causes embarrassment (e.g., prostitution, domestic abuse) or leads another to question your trustworthiness (e.g., forgery, theft).

At Spivak Law Firm, we expunge criminal records for a low, one-time fee. For more information, call us at (412) 344-4900 or toll free at (800) 545-9390.

How to Modify Bail in Allegheny County

Posted on February 3 2014 by Todd Spivak and Rebecca Canterbury

If someone you know is lodged in Allegheny County Jail but cannot post bail, you have the right to seek a bail modification hearing that could lower the amount of money needed to spring the defendant from jail while he or she awaits the next criminal court hearing.

You may contact an investigator at the jail’s bail unit to determine whether the defendant is eligible to have a bail modification hearing. Such hearings are not granted if the defendant has a detainer or warrant in addition to the charges.

There is no court fee for a bail modification hearing, though typically such hearings may occur just once unless there is a significant change regarding the charges or an attorney files a written petition seeking reconsideration of bail.

To learn more about modifying bail, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.