Criminal Defense

Stalking and Social Media

Posted on February 26 2018 by Todd Spivak and Rebecca Canterbury

Connecticut recently passed a bill that strengthens the state’s domestic-violence laws to protect victims from emotional abuse and online stalking.

The bill includes language to protect victims who suffer “emotional distress” as well as physical abuse.

Under previous law, victims had to prove they fear for their physical safety in order to be protected under anti-stalking statutes.

Importantly, this legislation is the first to include protection for victims against stalking through electronic or social media.

Connecticut joins 29 other states that have eliminated fear of physical safety as the sole requirement to meet the definition of stalking.

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

Reporting Abuse

Posted on February 19 2018 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, medical practitioners are not required to report all disclosures of abuse or assault. But they must report child abuse and elder abuse.

The same can’t be said for some universities and colleges such as the University of Pittsburgh, which require faculty to report all incidences of assault.

This is due in part because students are protected under Title IX of the Education Amendments of 1972. Federally funded educational facilities must take action to prevent further incidents of sex discrimination against students (including sexual assault and harassment).

For a free consultation, call Spivak Law Firm to speak with our experienced PFA attorney at (412) 344-4900 or toll free at (800) 545-9390.

Expungements for College Students

Posted on February 13 2018 by Todd Spivak and Rebecca Canterbury

Student loan debt is at an all-time high, which makes landing a job after graduation even more important. Unfortunately, employers running criminal background checks can further complicate the job-hunting process, making it imperative to maintain a clean criminal record.

If a night of partying leads to criminal charges being placed against you, it is important to begin the expungement process as soon as possible.

You may be eligible for an expungement if:

The criminal charges against you were withdrawn or dismissed;
You have been free of arrest or conviction for five years following a summary offense conviction; or
You completed an accelerated rehabilitative disposition (ARD) program on a first-time criminal charge.

Spivak Law Firm routinely helps people of all ages clean their criminal records for employment reasons. Call us for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania: License Suspension

Posted on February 5 2018 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, your license may be suspended for six months to a year depending on the offense.

Six-month license suspensions are commonly given for the following driving convictions:

Racing on highways;
Careless or reckless driving; and
Driving without lights to avoid arrest.

One-year license suspensions are given for these convictions:

DUI;
Accidents involving death or injury;
Aggravated assault by vehicle; and
Felonies involving a vehicle.

If you’ve been charged with any of the offenses above, you should consult an attorney to determine the best strategy for protecting your driving privileges. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Drug Crimes in Allegheny County

Posted on January 30 2018 by Todd Spivak and Rebecca Canterbury

Penalties for drug crimes can be severe.

A mandatory prison sentence is given for people convicted of selling, delivering, or distributing a controlled substance such as heroin, cocaine, or meth.

Even simple possession of marijuana may result in a jail term and driver’s license suspension.

At Spivak Law Firm, we strongly defend people accused of drug crimes and aim to get the charges against you dismissed or reduced.

If you have been arrested for a drug crime or are the target of an investigation, call Spivak Law Firm at (412) 344-3900 or toll free at (800) 545-9390.

Falsely Accused of Abuse?

Posted on January 15 2018 by Todd Spivak and Rebecca Canterbury

Q: I have been falsely accused of abuse – can you help me?

A: Yes. The PFA system itself is sometimes abused. People may seek a PFA just to gain leverage in a divorce or child custody matter. As a result, innocent people suffer.

If you have been served with a PFA, your hearing may be less than 10 days away.

Spivak Law Firm provides aggressive representation at PFA hearings. We strongly defends people against accusations of domestic violence or child abuse. If you have been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Arrested For Domestic Abuse?

Posted on January 9 2018 by Todd Spivak and Rebecca Canterbury

Q: Police did not witness any physical abuse – so why was I arrested?

A: An allegation of domestic violence by itself can trigger an arrest. Police do not have to witness the incident of abuse. A police officer often makes an arrest decision based solely on the accuser’s credibility without any further investigation. If the alleged victim has any visible marks or injuries, police are likely to make an arrest.

Spivak Law Firm handles all areas of family law with a special focus on domestic violence and Protection From Abuse (PFA). We handle PFA hearings and expungements, as well as criminal domestic violence charges and child custody matters. If you have been accused of violating a no-contact order, call us at (412) 344-4900 or toll free at (800) 545-9390.

Expunging Summary Offenses

Posted on January 9 2018 by Todd Spivak and Rebecca Canterbury

A criminal record may hurt your educational and employment opportunities, especially if you’re seeking jobs that require a criminal background check. Expungement refers to the removal of an arrest or conviction from your permanent criminal record.

Under Pennsylvania law, a conviction for a summary offense may be expunged after five years. If you were convicted of a summary offense more than five years ago, it may be possible to remove the conviction from your criminal record so that you can move on with your life.

At Spivak Law Firm, we routinely represent people charged with summary offenses and get their criminal records erased. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

DUI: What Is ARD?

Posted on January 1 2018 by Todd Spivak and Rebecca Canterbury

Q: What is ARD?

A: ARD means “accelerated rehabilitative disposition.” It is a diversion program available to some first-time DUI offenders that generally involves serving a brief license suspension, attending an alcohol education program, and receiving substance abuse counseling.

Completion of ARD results in the dismissal of DUI charges and the removal of DUI from the person’s permanent record.

Spivak Law Firm strongly defends people arrested for driving under the influence (DUI) of alcohol, illegal drugs, or controlled substances. To learn more, call (412) 344-4900 or toll free at (800) 545-9390.

DUI and Expungement

Posted on December 26 2017 by Todd Spivak and Rebecca Canterbury

Q: Can I have a DUI expunged from my record?

A: In Pennsylvania, criminal proceedings involving misdemeanor or felony charges can be expunged if (1) you were not convicted, (2) the charges were dismissed or withdrawn, or (3) you successfully completed an ARD program on a first and only charge. Thus, it may be possible to have a DUI arrest expunged from your record.

Spivak Law Firm handles expungements and strongly defends people arrested for driving under the influence (DUI) of alcohol, illegal drugs, or controlled substances. To speak with an experienced criminal-defense attorney, call (412) 344-4900 or toll free at (800) 545-9390.