Criminal Defense

No Guns for Domestic Abusers

Posted on December 19 2017 by Todd Spivak and Rebecca Canterbury

If you have been charged with a domestic violence related crime, your gun ownership rights may be at stake.

Under federal law, if you have been convicted of a misdemeanor involving domestic abuse, you are banned from purchasing or owning firearms or ammunition. The law aims to protect victims of domestic abuse by keeping guns out of the hands of convicted abusers.

Recently, the U.S. Supreme Court expanded the applicability of this law in Voisine v. United States. The Court ruled that the law applies not only to individuals who intentionally committed domestic abuse, but also to individuals who did so recklessly.

If you have been charged with assault, harassment, terroristic threats, or any other domestic violence related crime, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Keep Your Cool in Criminal Court

Posted on December 12 2017 by Todd Spivak and Rebecca Canterbury

Tensions run high in criminal court. You are likely worried about how the pending charges will affect your job, reputation, and most importantly, your freedom. But you must stay calm in court.

Trust that your attorney is working to obtain the best deal possible to resolve your case. Having a bad attitude or making snide remarks to the court staff or judge could result in your deal being withdrawn or unaccepted.

Don’t risk the chance to resolve your case. Be on your best behavior in court.

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

Theft Crimes in Pennsylvania

Posted on December 4 2017 by Todd Spivak and Rebecca Canterbury

Penalties for theft crimes in Pennsylvania can be severe. The penalty is based on the value of the stolen property. A first offense for stolen property valued at less than $150 is punishable by up to 90 days in jail, though many first-time offenders serve probation only. Theft of property valued between $150 and $2,000 is punishable by up to five years in prison.

With an experienced attorney, you may be able to participate in an accelerated rehabilitative disposition (ARD) program that allows you to avoid incarceration so long as you pay a fine and complete your probation, which often includes a provision restricting you from entering the business where the theft occurred.

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

Don’t Let A PFA Ruin Your Life

Posted on December 4 2017 by Todd Spivak and Rebecca Canterbury

A PFA is a court order that aims to protect victims of domestic violence. A PFA can:

Restrict you from contacting the accuser;
Evict you from your home;
Award the accuser temporary custody of your children;
Require you to pay child support; and
Send you to jail if you are even accused of violating it.

Don’t make the mistake of blindly accepting a PFA. The consequences of a PFA are harsh and long-lasting, as a PFA can remain in effect for up to three years.

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.

Pennsylvania Juvenile Law

Posted on November 13 2017 by Todd Spivak and Rebecca Canterbury

Q: My child has been charged with a crime. Can you help?

A: Yes. Unlike the adult criminal system, the juvenile justice system emphasizes rehabilitation over punishment with the ultimate goal of helping children become functioning members of society.

First-time offenders are usually eligible for probation, which may include performing community service and paying restitution.

Spivak Law Firm provides strong defense for juveniles accused of misdemeanor and felony crimes. If you or your child is charged with a crime, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Consequences

Posted on November 7 2017 by Todd Spivak and Rebecca Canterbury

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In fact, the mere accusation of abuse can devastate a person’s life and reputation.

In Pennsylvania, a PFA can:

Evict you from your home;
Take away your firearms;
Appear on your permanent record;
Prevent you from seeing your children; and
Result in serious criminal charges.

Spivak Law Firm provides strong, aggressive defense at PFA hearings. We have successfully defended many people whose careers were at risk, including; police officers, corrections officers, homeland-security officers, teachers, and nurses.

Spivak Law Firm handles all areas of family law and criminal defense 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.

Resisting Arrest Penalties

Posted on November 7 2017 by Todd Spivak and Rebecca Canterbury

Pulling away from an officer attempting to arrest you could be enough to sustain the charge of resisting arrest, which is usually filed in addition to the charges for which the police were arresting you.

Resisting arrest is a second-degree misdemeanor, which could result in up to two years in prison and as much as a $5,000 fine.

Spivak Law Firm handles all criminal defense matters, including: preliminary hearings, summary trials, and expungements. For a free consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Marijuana Laws in Pennsylvania

Posted on November 1 2017 by Todd Spivak and Rebecca Canterbury

Criminal charges for possessing marijuana may not seem as serious as other offenses, especially since it is legal in over 20 states. But in Pennsylvania, marijuana-related crimes are still often treated with the same severity as other drug crimes.

Federal law classifies marijuana as a Schedule I drug, which means that it is considered among the most addicting drugs, such as heroin, and has no medical benefits.

Spivak Law Firm advocates for the legalization of marijuana and more research into the medicinal benefits of the drug for people suffering from multiple sclerosis, cancer, and other debilitating diseases.

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

Domestic Violence Defense

Posted on October 24 2017 by Todd Spivak and Rebecca Canterbury

Were you defending yourself from an aggressor and charged with a domestic-violence crime? This may seem unjust, but it happens routinely. Police officers responding to domestic violence incidents generally make arrests if they observe injuries on the other party.

Spivak Law Firm routinely helps those accused of domestic-violence crimes by providing strong, effective representation. Common domestic-violence crimes include:

Simple Assault
Aggravated Assault
Harassment
Stalking
Terroristic Threats
Recklessly Endangering Another Person

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

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.