Criminal Defense

Spivak Law Firm Hires New Attorney

Posted on November 13 2016 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm is pleased to announce that Rebecca Canterbury has joined our family law and criminal defense practice as an attorney at law.

A Pittsburgh native, Attorney Canterbury earned a Juris Doctor degree from Duquesne University School of Law. During law school, she represented clients at Protection From Abuse (PFA) and child custody hearings while working for Neighborhood Legal Services Association and the Duquesne University School of Law Family Law Clinic.

Attorney Canterbury served as a law clerk for the Honorable Kevin G. Sasinoski of the Allegheny County Court of Common Pleas – Criminal Division, as well as for several private law firms in Pittsburgh focusing on criminal defense and family law. She began as a law clerk at Spivak Law Firm before joining the firm as an attorney.

While serving as president of the Family Law Society at Duquesne University School of Law, Attorney Canterbury organized and moderated a symposium to address whether Pennsylvania’s Protection From Abuse (PFA) laws strike the right balance for protecting domestic-violence victims while also limiting false claims of abuse.

Earlier this year, Attorney Canterbury wrote an article published in the Pittsburgh Post-Gazette entitled Impoverished Parents Deserve Their Day In Court on how filing fees in Allegheny County prevent low-income parents from asserting their child-custody rights. The article was reproduced in the fall 2016 edition of At Issue, published by the Pennsylvania Bar Association.

This month, Attorney Canterbury co-wrote an article with Attorney Spivak published in the Pittsburgh Post-Gazette entitled Clean The Slate In Pennsylvania on the importance of making it easier to expunge criminal records and give people a fresh start in life.

Attorney Canterbury focuses her practice on PFAs, child custody, domestic-violence defense, and criminal record expungements.

Spivak Law Firm offers a free consultation on family law and criminal defense matters. To schedule an appointment, call us at (412) 344-4900 or toll free at (800) 545-9390.

Avoid PFA Violations

Posted on November 11 2016 by Todd Spivak and Rebecca Canterbury

If a Protection From Abuse (PFA) Order has been filed against you, you must follow it. Never contact or attempt to pass messages to the plaintiff, even if the contact is non-threatening.

A mere accusation that you violated an active PFA will lead to your arrest. You may then be criminally charged and face a potential six-month jail sentence for Indirect Criminal Contempt.

If you already have criminal charges relating to the same incident that gave rise to the PFA, then the alleged PFA violation could demonstrate to a judge that you intend to continue harassing and abusing the plaintiff.

Spivak Law Firm provides strong, aggressive defense at PFA and ICC hearings. For a free consultation call us at (412) 344-4900 or toll free at (800) 545-9390.

PFAs and College Students

Posted on October 24 2016 by Todd Spivak and Rebecca Canterbury

Pennsylvania colleges are increasingly cracking down on domestic violence, raising awareness of Protection from Abuse (PFA) restraining orders as tools to stop harassment and stalking, as well as physical and sexual violence.

College students served with PFA orders are at great risk of violating the PFA if they continue to attend college on the same campus as their accuser.

You may be arrested and charged with Indirect Criminal Contempt if the plaintiff merely accuses you of contacting, harassing, or stalking, even if a police officer does not witness the alleged violation.

A PFA alone is enough to disrupt educational and employment opportunities, but you could face even more hurdles when the PFA is coupled with criminal contempt charges that include a maximum sentence of six months in jail.

Spivak Law Firm provides strong, 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.

We have effectively represented college students attending University of Pittsburgh, Penn State University, Carnegie Mellon University, Indiana University of Pennsylvania, Carlow University, Slippery Rock University, and other schools in the Pittsburgh area.

To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Reporting Child Abuse in Pennsylvania

Posted on October 18 2016 by Todd Spivak and Rebecca Canterbury

In the wake of the Jerry Sandusky child abuse scandal at Penn State University, the Pennsylvania Legislature passed laws expanding mandatory reporting of child abuse for certain adults, including: medical facility employees, medical examiners, school employees, social services staff, child-care center staff, clergy, EMTs, foster parents, librarians, and adults in regular contact with a child.

Reporting is mandatory when:

There is reasonable cause to suspect that a child is being abused,
Someone reports that the child is a victim of abuse, or
Someone age 14 or older admits to abusing a child.

Spivak Law Firm routinely defends parents against allegations of child abuse. We provide strong, compassionate representation at Protection From Abuse (PFA) hearings, Child Youth and Family (CYF) hearings, and criminal defense hearings.

Accused of abuse? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

No Guns for PFA Defendants

Posted on September 29 2016 by Todd Spivak and Rebecca Canterbury

Under federal law, people convicted of domestic-violence misdemeanors such as simple assault are banned from owning firearms.

The gun ban also extends to people who are subject to Protection From Abuse (PFA) restraining orders.

Guns are the most common method for killing intimate partners.

Laws restricting firearm access for people subject to restraining orders are associated with a 19 percent reduction in rates of intimate homicide, according to researchers at the Johns Hopkins Bloomberg School of Public Health.

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

Charged With A Crime?

Posted on September 13 2016 by Todd Spivak and Rebecca Canterbury

If you have been criminally charged, hiring an experienced criminal defense attorney can make a significant difference in the outcome of your case.

You may believe that you are able to effectively represent yourself in court, but the reality is that lawyers often obtain better deals than clients who represent themselves.

Police officers and prosecutors are aware of the fact that most lawyers have a firm grasp on the bargaining process and therefore extend offers of compromise that may not be made to a self-represented defendant who is unfamiliar with court procedure.

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

Domestic Violence Warning Signs

Posted on September 12 2016 by Todd Spivak and Rebecca Canterbury

Domestic violence experts increasingly aim to identify “red flags” that often precede homicides and murder-suicides where abuse is present.

Warning signs include: strangulation, stalking behavior, sexual violence, gun possession, unemployment, substance abuse, and prior attempts by the victim to end the relationship.

Previous abuse by the suspect is the strongest of these “red flags,” according to experts.

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.

PFA and Criminal Records

Posted on September 6 2016 by Todd Spivak and Rebecca Canterbury

Q: Will a Protection From Abuse (PFA) Order appear on my criminal record?

A: No.

A PFA is a civil matter that appears on the family court docket along with documents relating to divorce and child custody. It will not appear on the criminal docket, though employers increasingly review both dockets when making hiring decisions.

A PFA is not a criminal matter, though it can become one if you are merely accused of violating the Order. A PFA violation can lead to the charge of Indirect Criminal Contempt (ICC), which carries a six-month jail sentence and $1,000.00 fine.

Spivak Law Firm handles all PFA, criminal, and expungement matters. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

PFA and Law Enforcement

Posted on August 16 2016 by Todd Spivak and Rebecca Canterbury

If you’re a law-enforcement official, a Final Protection From Abuse (PFA) Order against you could mean the end of your career.

Under Pennsylvania law, a PFA prohibits the defendant from possessing a firearm. For law enforcement officials, the inability to possess a firearm may lead to their termination.

At Spivak Law Firm, we understand the serious consequences of a Final PFA. We have represented law enforcement officials at every level of government: federal Department of Homeland Security, state troopers, county sheriffs, and local police officers.

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

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

Should I Talk to Police?

Posted on July 5 2016 by Todd Spivak and Rebecca Canterbury

Police may not arrest you without probable cause. They must reasonably believe that you committed a crime.

If you are a criminal suspect, police may ask to speak with you. We advise that you politely decline and refer them to your attorney.

You might think that declining to talk to police will make you appear suspicious and even guilty. The officer may say that he just wants to ask you some questions, or he may even go so far as to threaten to recommend adding charges against if you do not cooperate.

But by talking to police, you may be building their case against you.

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