Criminal Defense

Expunging Your Criminal Record

Posted on October 24 2017 by Todd Spivak and Rebecca Canterbury

In the United States, only those who are convicted of the most serious crimes get life sentences. But everyone who enters the criminal justice system can be marked for life.

Even a minor interaction with the justice system can leave someone with a criminal record and a permanent barrier to a job, education or an occupational license.

Having a record can also affect housing, as federal housing law grants local authorities wide discretion, and many use it to keep people with a single arrest out of public housing.

At Spivak Law Firm, we aim to clear the arrests from your criminal record so you can move on with your life. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Drug Crimes in PA

Posted on October 17 2017 by Todd Spivak and Rebecca Canterbury

If you’ve been criminally charged with drug possession, punishment can be greater if it is a Schedule I or II drug. Schedule I drugs include marijuana, heroin, and LSD. Schedule II drugs include methamphetamine, cocaine, Oxycontin, and Percocet.

If this is your first Schedule I or II drug offense, you face a mandatory six-month driver’s license suspension. You also face as much as a $5,000 fine and up to one year in jail.

The penalties associated with drug possession could harm your educational opportunities, employment opportunities, and even your child custody rights.

If you face criminal drug possession charges, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

PFA May Carry Financial Penalties

Posted on October 17 2017 by Todd Spivak and Rebecca Canterbury

A Protection from Abuse (PFA) Order is a powerful tool for restricting the rights of the accused. In addition to prohibiting contact with the victim, the Court may order the abuser to pay for reasonable losses suffered by the victim, including: medical, dental, relocation, and counseling expenses. The court may also order the defendant to pay for ongoing financial needs such as health insurance and mortgage payments.

If you have filed, or have been served with a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

New Pennsylvania Record-Sealing Law

Posted on October 16 2017 by Todd Spivak and Rebecca Canterbury

Pennsylvania recently passed a law that seals minor criminal records. Supporters of the legislation hope it will reduce recidivism and open doors for those who have turned their lives around.

Under the legislation, people with sealed records would not have to disclose their criminal histories. Removing this barrier allows more Pennsylvanians to live without the stigma of a criminal record.

The new law, which applies in limited cases, for the first time allows Pennsylvanians to seal convictions for misdemeanor-level offenses.

5 Tips For PFA Defendants

Posted on October 16 2017 by Todd Spivak and Rebecca Canterbury

If you have been served a Protection From Abuse (PFA) Order, you must adhere to each of the stipulations. Violating a PFA can result in serious criminal penalties.

Here are 5 tips for PFA defendants to avoid violations:

Do not contact the plaintiff in any way.
Avoid all places where you know the plaintiff goes.
Do not drive past the plaintiff’s residence.
Do not attempt to contact the plaintiff through their friends or family.
Retain an experienced PFA defense attorney.

Spivak Law Firm provides aggressive representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Indiana County, Washington County, and Westmoreland County.

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

Domestic Violence and Guns

Posted on October 3 2017 by Todd Spivak and Rebecca Canterbury

While misdemeanor charges may seem less serious than felony charges, both can hold similar consequences.

Under Pennsylvania law, if you have been convicted of a felony, you are prohibited from possessing a firearm or ammunition.

Moreover, you are permanently stripped of gun ownership if convicted of a misdemeanor involving domestic violence. This is true even if the incident did not involve firearms.

Spivak Law Firm provides strong, aggressive defense in all PFA and criminal domestic violence cases. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Expungements in Pennsylvania

Posted on October 2 2017 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, your criminal record may be expunged if you meet certain criteria. An expungement can help you avoid the stigma associated with having a criminal record.

A criminal record can hurt your future by:

Costing you a job opportunity;
Denying you a bank or government loan
Disqualifying you from receiving a professional license; and
Restricting your ability to join certain organizations

At Spivak Law Firm, we aim to erase your criminal record so you can move on with your life. For more information, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Assault in Pennsylvania

Posted on October 2 2017 by Todd Spivak and Rebecca Canterbury

Q: Can I be convicted of assault even if I never laid a finger on anyone?

A: Yes.

Under Pennsylvania Law, assault consists of intentionally or knowingly causing physical harm to another person or attempting to do so, which puts the other person in fear of immediate bodily harm. Thus, you do not need to physically hit another person to be charged with assault.

Simple assault is a misdemeanor charge that may result in incarceration. Aggravated assault, which involves use of a deadly weapon or results in permanent bodily injury, is a felony charge that carries stiffer penalties.

At Spivak Law Firm, we strongly defend people charged with committing violent crimes such as assault. To have an experienced attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Protect Against Online Harassment

Posted on September 25 2017 by Todd Spivak and Rebecca Canterbury

Have you ever felt that your partner’s online behavior is out of control? Do they send constant messages that leave you feeling on-edge, use location features to track where you are, or demand to have access to your phone?

Here are some tips to protect yourself against online domestic abuse:

Use strong, unique passwords to keep your accounts from being hacked.
Use two-step verification to make your accounts more secure.
Back up your data to secure and collect evidence of harassment.
Browse the web privately so your partner cannot track your Internet history.

Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.

Costs of a Criminal Record

Posted on September 19 2017 by Todd Spivak and Rebecca Canterbury

While less serious than a felony charge, misdemeanors and summary offenses carry stigmas strong enough to cause problems beyond fines and inconvenience. If uncovered, they can cause potential school and job recruiters to look in other directions.

Programs across the country have been initiated to give first-time, non-violent offenders a chance to dodge that bullet. In Chicago, for instance, a program provides qualified offenders the opportunity to keep a charge from being permanently entered on their record and to avoid the accompanying stigma.

In Pennsylvania, people may be eligible to have their criminal records expunged or sealed.