Criminal Defense

Why Expunge Your Criminal Record?

Posted on January 17 2014 by Todd Spivak and Rebecca Canterbury

A criminal record can hurt you by limiting your job opportunities, restricting your housing options, and even impeding your ability to get a loan. In Pennsylvania, employers, landlords, and banks routinely check criminal backgrounds.

Having your criminal record expunged, or erased, is vitally important to getting your life back to normal. Fortunately, the process is relatively simple and inexpensive.

At Spivak Law Firm, we promptly obtain a certified copy of your criminal record from the Pennsylvania State Police then petition the court to expunge your record. The process can take as long as a year, and we update you about the process at every step.

If your case was dismissed or withdrawn, we can immediately initiate the expungement process. If you’ve been convicted of a summary offense, you can have your criminal record expunged after a five-year waiting period so long as there are no further incidents.

To learn more about expunging your criminal record, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI Hotel Gains Popularity in Allegheny County

Posted on November 6 2013 by Todd Spivak and Rebecca Canterbury

The Allegheny DUI Alternative to Jail Program, known as DUI Hotel, has recently celebrated its third year. Started in October 2010, the program offers first-time DUI offenders the option of spending four nights in a hotel taking educational classes and group therapy sessions rather than up to 72 hours in jail.

Since its inception, more than 1,500 people in Allegheny County have chosen DUI Hotel. The program enables participants to complete their sentences in just four days without having to serve any probation. Participants pay $500 for the program; the hotels contracted to house the participants are located in Oakland and West Mifflin.

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

5 Goals of ARD in Allegheny County

Posted on October 22 2013 by Todd Spivak and Rebecca Canterbury

In Allegheny County, the Accelerated Rehabilitative Disposition (ARD) program is commonly offered to most first-time, non-violent offenders. If participants complete the program’s requirements, they may get their criminal records expunged or erased. There are five goals of the ARD program:

(1) Clean Slate: To provide first-time, non-violent offenders an opportunity to have their criminal charges expunged

(2) Atonement: To hold offenders responsible while providing them an opportunity to atone for their criminal behavior

(3) Rehabilitation: To provide offenders with treatment options

(4) Restitution: To restore the financial burden incurred by the victim

(5) Efficiency: To enable the courts to dispose of cases in a cost-effective manner

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

Improving Justice for Juveniles in Pennsylvania

Posted on October 7 2013 by Todd Spivak and Rebecca Canterbury

The Pennsylvania Supreme Court has adopted new rules for the state’s juvenile courts in response to the despicable “kids for cash” scandal that led to federal convictions for two Luzerne County judges. The new rules, which were based on recommendations from the Interbranch Commission on Juvenile Justice, include as follows:

Limiting the use of restraints on a juvenile in the courtroom;

Requiring juveniles to have an attorney present during court proceedings;

Establishing an extensive question-and-answer process with the judge before a juvenile can enter a plea agreement; and

Creating an expedited appeal process when a juvenile is removed from his or her home as a sentence.

The new rules are a direct response to the “kids for cash” scandal, in which two Luzerne County judges had accepted more than $2.5 million in kickbacks from private juvenile facilities from 2003 to 2008. The judges had removed some 2,500 juveniles from their homes for minor offenses and sent them to juvenile facilities in exchange for money.

To speak with an Allegheny County juvenile law attorney, call Spivak Law Firm at (12) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Wins Summary Trial

Posted on October 2 2013 by Todd Spivak and Rebecca Canterbury

It was St. Patrick’s Day, and Sam (not his real name) and his wife went out with some friends to a bar on Carson Street in Pittsburgh’s South Side to celebrate. The place was noisy and crowded. They were there for maybe half an hour when a bouncer grabbed Sam and told him to leave for pushing a waitress. Sam had no idea what the bouncer was talking about. Neither did his wife, who was standing beside Sam the entire time. Sam was naturally upset; he ignored the bouncer. A police officer then led Sam outside. Sam protested that he didn’t push anybody, but the officer cuffed him anyway.

Months later, Sam appeared with his attorney from Spivak Law Firm for a summary trial at Pittsburgh Municipal Court downtown. Sam faced charges of public intoxication and defiant criminal trespass. Sam wanted to fight these charges, which he felt were unfair. He also did not want any convictions on his record. At the courthouse, the arresting police officer refused to drop the charges, so we asked for a hearing. In the end, the judge dismissed the charges.

“Mr. Spivak was very responsive to all my questions and concerns,” said Sam. “His professional demeanor was excellent in court.”

Many people charged with summary offenses make the mistake of pleading guilty rather than fighting the charges. Spivak Law Firm provides strong, aggressive defense for people facing criminal charges. When the charges are dropped, we also help to erase our clients’ criminal records by petitioning the court for an expungement.

If you’ve been charged with a crime, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Erasing Your Criminal Record in Pennsylvania

Posted on September 21 2013 by Todd Spivak and Rebecca Canterbury

There are many reasons why a person may wish to expunge criminal records. For example, a background check will produce details of criminal cases that might affect future employment opportunities, the ability to be bonded or to obtain a gun permit.

Under Pennsylvania law, you may be eligible to have your criminal records erased if your case resulted in a non-conviction, such as: not-guilty verdict, dismissal, withdrawal or charges, or nolle prosequi. Expungements are also available to people who complete the Accelerated Rehabilitative Disposition (ARD) program or receive Probation Without Verdict pursuant to the Controlled Substances Act.

Convictions for misdemeanors or felonies cannot be expunged in Pennsylvania, but convictions for summary offenses can be expunged so long as the defendant has been free of arrest or prosecution for five years following the conviction of that offense.

Spivak Law Firm offers a low, one-time fee for expungements, which includes obtaining a certified copy of your criminal records from the state police, filing a motion for expungement with your county’s Department of Court Records, and monitoring your case to ensure that the records are removed from statewide databases.

It may take up to one year for the expungement process to be completed after a judge signs an Order of Expungement.

To speak with an attorney about expunging your criminal records, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Factors for Setting Bail in Allegheny County

Posted on September 1 2013 by Todd Spivak and Rebecca Canterbury

A court uses several factors to determine the amount and type of bail it sets. Under Pennsylvania law, bail is security used to guarantee a person’s appearance in criminal court. A court may release you from jail on a Cash Bail, in which you must post the full amount of the face value of the bond, or a Percentage Cash Bail, in which you must deposit 10 percent of the face amount of the bond, or Release on Own Recognizance (R.O.R.) bond, in which you need not post any cash whatsoever.

In Allegheny County, the five main criteria used in the setting of bail are:

(1) The nature of the offense charged;

(2) Prior criminal history;

(3) Length of residence or community ties in Allegheny County;

(4) History of prior appearances in Court; and

(5) Whether or not the defendant poses a threat to the safety of the community.

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

ARD Requirements in Allegheny County

Posted on August 18 2013 by Todd Spivak and Rebecca Canterbury

The Allegheny County ARD Probation Program was designed to supervise the first-time, non-violent offender who has been given a second chance at having a clean criminal record. Participants in the ARD Program are expected to serve a term of supervision lasting from six month to two years. Conditions of supervision depend on the charged offense and may require the offender to complete one or more of the following:

DUI classes
Substance abuse treatment
Community service
Domestic abuse classes
Anger management classes
Retail theft classes
Mental health treatment
Restitution
Court costs

To learn if you qualify for ARD in Allegheny County, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Frees Allegheny County Prisoner

Posted on August 4 2013 by Todd Spivak and Rebecca Canterbury

In a dramatic turn, Spivak Law Firm recently helped free an inmate from Allegheny County Jail so that he can be with his newborn son while awaiting his next court date.

Back in 2011, Frank (not his real name) got three years of probation for stealing and writing bad checks. Last November, he was arrested for failing to report to his probation officer. Eight months later, he was still waiting for a hearing when his Mother called us asking for help.

“Frank’s son is about to be born,” she told us. “Could you please try to get him out of jail?”

We filed a petition with Frank’s judge to lift his detainer. Additionally, we called the judge’s chambers and Frank’s probation officer to argue for his release. Several days later, we received a court order by fax with the heading: “Release of Prisoner.”

Frank is now home with his baby and happy to be out of jail while awaiting his probation violation hearing in the fall.

“My son is thrilled!” Frank’s mother wrote us. “Thank you for your hard work!”

Spivak Law Firm provides strong representation for people facing criminal charges. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

5 Goals of DUI Hotel in Allegheny County

Posted on July 17 2013 by Todd Spivak and Rebecca Canterbury

DUI Hotel, established in late 2010 and modeled after a similar jail-alternative program in Ohio, offers most first-time DUI offenders in Allegheny County an opportunity to complete their sentencing requirements in just four (4) days. Goals of the program include:

(1) Speed Things Up: Reduce the administrative backlog being created by use of probation’s electronic monitoring system.

(2) Save Money: Create a self-sustaining alternative to jail other than house arrest that reduces overall costs to the system.

(3) Make it Easy: Simplify offenders’ ability to complete the required activities and interventions for a first-time DUI offense.

(4) Avoid Probation: Lessen the number of DUI offenders returning to court for probation violations.

(5) Reduce Recidivism: Decrease the number of first-time DUI offenders returning for second and third offenses.

For a free consultation with an Allegheny County DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.