Criminal Defense

Underage Drinking In Allegheny County

Posted on May 13 2019 by Todd Spivak and Rebecca Canterbury

Underage drinking is illegal in Pennsylvania for people under age 21. But the law provides an exception for underage drinkers who seek medical attention for another.

If an underage drinker calls the police or campus safety to report another person in need of immediate medical attention to prevent death or serious injury, then the person who made the call cannot be prosecuted for underage drinking.

The purpose of this exception is to save lives without risk of criminal prosecution.

Spivak Law Firm handles all criminal-defense matters, including: summary trials, summary appeals, preliminary hearings, and criminal-record expungements. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Probation v. Parole

Posted on April 29 2019 by Todd Spivak and Rebecca Canterbury

Probation and parole are two terms that are commonly misused. Probation is given instead of a prison sentence, while parole is something granted to prisoners as a reward for good behavior.

Probation allows a person convicted of a crime to avoid jail as long as he or she follows certain conditions set by the court. Such conditions commonly include remaining employed, abiding by a curfew, and submitting to drug and alcohol tests. Parole, meanwhile, refers to the early release of a prisoner who promises to follow certain restrictions.

Violating your probation or parole can land you in jail or even extend your punishment. At Spivak Law Firm, we aim to keep you out of jail and avoid additional penalties. To learn more, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA: Financial Abuse

Posted on April 28 2019 by Todd Spivak and Rebecca Canterbury

In many domestic violence cases, financial abuse is what keeps a woman trapped in the abusive relationship. Even if these women are able to leave the relationship, their finances may remain in jeopardy.

A new startup company, FreeFrom, pilots entrepreneurship programs for domestic violence survivors. Many of the women enrolled in the program come in with small-business ideas and the organization helps identify what these women are good at and how they can turn it into an opportunity.

By helping survivors start businesses, they can earn their own incomes and achieve financial stability independent of a partner. Program participants can meet with FreeFrom’s team once a week for up to 90 minutes and the free service runs for a six-month period.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants in domestic violence cases, including Protection From Abuse (PFA), Children Youth and Families (CYF), and criminal domestic violence. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

In The News: Spivak Law Firm

Posted on April 16 2019 by Todd Spivak and Rebecca Canterbury

The Pittsburgh Post-Gazette has once again featured Spivak Law Firm on issues involving family law and criminal defense.

The P-G recently published Attorneys Need More Protection, written by attorney Todd Spivak, a two-time nominee of The Pulitzer Prize who focuses his practice on child custody and domestic abuse.

The Post-Gazette routinely features Spivak Law Firm, publishing several articles regarding child custody, Protection From Abuse (PFA), and criminal-record expungement laws in Pennsylvania.

In Attorneys Need More Protection, Attorney Spivak discusses the Constitutional basis for vigorously defending people accused of committing heinous crimes.

In Clean The Slate In Pennsylvania, Attorney Spivak and Attorney Rebecca Canterbury critique a new Pennsylvania law that for the first time seals criminal information from public view for people convicted of second- and third-degree misdemeanors.

In Impoverished Parents Deserve Their Day In Court, Attorney Canterbury reveals how exorbitant filing fees in Allegheny County prevent low-income parents from asserting their child-custody rights.

In Crack Down on Domestic Violence in Allegheny County, Attorney Spivak recommends that only specialized judges with extensive domestic-violence training oversee PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak exposes the issue of bogus PFA orders and recommends ways to curb abuses in the system.

In Child Custody for Rapists, Attorney Spivak explains how sexual predators use family court to harass and intimidate their victims.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pittsburgh Media Features Attorney Todd Spivak

Posted on April 16 2019 by Todd Spivak and Rebecca Canterbury

Attorney Todd Spivak, owner of Spivak Law Firm, recently published an article in the Pittsburgh Post-Gazette about the importance of vigorously defending people accused of committing heinous crimes.

Attorney Spivak, a two-time Pulitzer Prize nominee, practices family law and criminal defense with a special focus on child custody and domestic-violence defense. His article discusses the challenges of handling high-conflict emotional cases involving people with mental illness, substance abuse, and histories of violent behavior.

Spivak Law Firm has represented hundreds of people in Pittsburgh and surrounding counties, including: Allegheny, Armstrong, Beaver, Butler, Fayette, Greene, Lawrence, Indiana, Mercer, Washington, and Westmoreland. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Clean Your Criminal Record

Posted on March 29 2019 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, the old expungement law only allowed summary convictions to be erased from your criminal record. Fortunately, that has changed, as Pennsylvania recently expanded the laws for people to erase or conceal their criminal records from employers so they can move on with their lives.

In many cases, people convicted of second- and third-degree misdemeanors will be permitted to request a court order limiting public access to their criminal records. You may be eligible if you have been free of arrest and/or conviction for the past ten years, and if you fulfilled all requirements in your sentences.

Spivak Law Firm routinely helps people clean their criminal records for employment reasons and to preserve their reputations. Call us for a free consultation at: (412) 344-4900 or toll free at (800) 545-9390.

PFA Law Restricts Guns

Posted on March 11 2019 by Todd Spivak and Rebecca Canterbury

Spivak Law Firm has represented many people who cherish the Constitutional right to own guns. Some are hunters. Some are police officers and other law-enforcement officials whose livelihoods depend on the ability to carry a firearm.

In Pennsylvania, the Protection From Abuse (PFA) law has been changed to restrict gun ownership against people accused of domestic abuse.

For the first time, a person subject to a Final PFA order will be required to give up his or her guns to police within 24 hours. The law applies even in cases of alleged stalking and harassment where a firearm was not involved.

The law is controversial because the burden of proof for obtaining a Final PFA order is far lower than for obtaining a criminal conviction. In fact, many people subject to Final PFA orders are never even charged with a crime.

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

Juvenile Defense in Allegheny County

Posted on March 8 2019 by Todd Spivak and Rebecca Canterbury

As the saying goes, “kids will be kids.”

Perhaps your child was influenced by others, was in the wrong place at the wrong time, or acted in the heat of the moment.

But in the eyes of the law, the criminal actions of children can have serious consequences, such as being adjudicated delinquent and even removed from the family.

Criminal charges can adversely impact your child’s ability to obtain a driver’s license, employment, and even student loans.

Spivak Law Firm, which handles all family law and criminal defense matters, represents juveniles in Allegheny County.

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

Domestic Violence: Victim Blaming

Posted on March 5 2019 by Todd Spivak and Rebecca Canterbury

Criminal domestic violence court can be a site of victim blaming, but not just by alleged abusers. Spivak Law Firm advocates educating judges overseeing cases of domestic violence to avoid using victim-blaming language.

Victim advocates recommend instructing judges to use language that more appropriately describes the effects of domestic violence and holds abusers responsible.

Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at Protection from Abuse (PFA) and criminal domestic violence hearings. We routinely volunteer with Neighborhood Legal Services Association to help victims of domestic violence obtain protection orders from their abusers.

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

PFA Hearings: Burden Of Proof

Posted on February 20 2019 by Todd Spivak and Rebecca Canterbury

We’ve all heard the phrase “burden of proof.” What does it mean?

Burden of proof refers to how convincing the evidence must be to obtain a criminal conviction or Protection From Abuse (PFA) order.

In criminal court, the burden of proof is very high: beyond a reasonable doubt. This means the judge or jury must be 99 percent certain that the defendant committed the crime in order to convict.

In PFA court, the burden of proof is much lower: preponderance of the evidence. This means the judge must be just 51 percent certain that the alleged abuser acted in a way that warrants a Final PFA order.

It is much easier to get a Final Order than a criminal conviction because the burden of proof is so much lower.

Spivak Law Firm provides strong, aggressive defense at all PFA and criminal domestic-violence hearings. We routinely handle PFAs and PFA violations, as well as criminal domestic-violence charges such as simple assault, aggravated assault, terroristic threats, harassment, stalking, recklessly endangering another person, endangering the welfare of children, child abuse, and aggravated assault.

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