Allegheny County Criminal Lawyer
Is Stalking A Crime In Pennsylvania?
Stalking is a crime in Pennsylvania. There are two basic elements to the crime:
- The stalker must complete at least two acts of unwanted behavior, no matter how close or far apart in time they are, and
- The victim must experience reasonable fear of serious bodily injury or substantial emotional distress.
The prosecutor’s office in your county makes the final decision whether to file criminal charges, including stalking charges.
If you are accused of stalking, Spivak Law Firm provides strong, aggressive defense in Protection From Abuse (PFA) and all criminal hearings. Call us today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.
Pittsburgh Man Faces Death Penalty
The Allegheny County district attorney’s office last month said it will seek the death penalty against Pittsburgh man James Karr, who is accused of knocking his wife unconscious and setting her on fire. The announcement came just ten days after Pennsylvania’s governor placed a moratorium on the death penalty.
Maureen Karr, an administrator at UPMC Mercy, got a Protection From Abuse (PFA) Order against her husband in December on grounds that he threatened to burn their house down. James Karr ignored the court order, killing his wife just hours after appearing at PFA Court in downtown Pittsburgh, according to police.
Prosecutors say the grisly incident met several criteria for the death penalty, which will be sought if James Karr is convicted of first-degree murder.
There are 186 death-row inmates in Pennsylvania, including nine from the Pittsburgh area. The state’s last execution occurred in 1999.
Spivak Law Firm provides strong, aggressive defense in all PFA and criminal hearings. Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What Happens After Criminal Charges Are Filed?
When criminal charges are filed, the defendant will be arrested or ordered to appear at a court hearing.
The defendant will be taken before a judge and advised of the charges being filed.
A preliminary hearing is scheduled within ten days. The arresting officer will notify the victim of when and where to appear for this next court date.
A judge sets the bond amount.
Bond (or bail) is the amount of money that the Defendant must pay in order to guarantee he or she will appear at the next court date. If the money is not paid, then the defendant will remain in jail and be transported by a sheriff to the next court date.
Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What To Expect At Your Summary Trial
In every criminal trial, the Commonwealth of Pennsylvania bears the burden of proving that the accused committed the alleged offenses. This is also true for traffic and other summary offenses such as public drunkenness, disorderly conduct, underage drinking, harassment, defiant trespass and others.
The summary trial is conducted in a courtroom. First, all the parties who are expected to testify will be sworn to tell the truth. This makes lying in the proceeding a crime: perjury. Then it is the Commonwealth’s turn to present its case. The Commonwealth goes first in every criminal case. It must prove each “element” of the crimes or offenses that the accused allegedly committed.
In summary traffic trials, it will likely be the police officer that represents the Commonwealth and testifies as to what he or she saw. The officer may call other witnesses to testify as to what they observed. In some cases, an Assistant District Attorney may appear and take charge of the prosecution.
After the Commonwealth has presented its case, the Defense gets its turn. This will be your opportunity to be heard by the Court. You can offer any testimony, explanations or defenses that you may have. You can also call witnesses to testify on your behalf.
To speak with an experienced summary trial attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Spivak Law Firm Wins Summary Trial
It was St. Patrick’s Day, and Sam (not his real name) and his wife went out with some friends to a bar on Carson Street in Pittsburgh’s South Side to celebrate. The place was noisy and crowded. They were there for maybe half an hour when a bouncer grabbed Sam and told him to leave for pushing a waitress. Sam had no idea what the bouncer was talking about. Neither did his wife, who was standing beside Sam the entire time. Sam was naturally upset; he ignored the bouncer. A police officer then led Sam outside. Sam protested that he didn’t push anybody, but the officer cuffed him anyway.
Months later, Sam appeared with his attorney from Spivak Law Firm for a summary trial at Pittsburgh Municipal Court downtown. Sam faced charges of public intoxication and defiant criminal trespass. Sam wanted to fight these charges, which he felt were unfair. He also did not want any convictions on his record. At the courthouse, the arresting police officer refused to drop the charges, so we asked for a hearing. In the end, the judge dismissed the charges.
“Mr. Spivak was very responsive to all my questions and concerns,” said Sam. “His professional demeanor was excellent in court.”
Many people charged with summary offenses make the mistake of pleading guilty rather than fighting the charges. Spivak Law Firm provides strong, aggressive defense for people facing criminal charges. When the charges are dropped, we also help to erase our clients’ criminal records by petitioning the court for an expungement.
If you’ve been charged with a crime, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Spivak Law Firm Frees Allegheny County Prisoner
In a dramatic turn, Spivak Law Firm recently helped free an inmate from Allegheny County Jail so that he can be with his newborn son while awaiting his next court date.
Back in 2011, Frank (not his real name) got three years of probation for stealing and writing bad checks. Last November, he was arrested for failing to report to his probation officer. Eight months later, he was still waiting for a hearing when his Mother called us asking for help.
“Frank’s son is about to be born,” she told us. “Could you please try to get him out of jail?”
We filed a petition with Frank’s judge to lift his detainer. Additionally, we called the judge’s chambers and Frank’s probation officer to argue for his release. Several days later, we received a court order by fax with the heading: “Release of Prisoner.”
Frank is now home with his baby and happy to be out of jail while awaiting his probation violation hearing in the fall.
“My son is thrilled!” Frank’s mother wrote us. “Thank you for your hard work!”
Spivak Law Firm provides strong representation for people facing criminal charges. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
5 Goals of DUI Hotel in Allegheny County
DUI Hotel, established in late 2010 and modeled after a similar jail-alternative program in Ohio, offers most first-time DUI offenders in Allegheny County an opportunity to complete their sentencing requirements in just four (4) days. Goals of the program include:
(1) Speed Things Up: Reduce the administrative backlog being created by use of probation’s electronic monitoring system.
(2) Save Money: Create a self-sustaining alternative to jail other than house arrest that reduces overall costs to the system.
(3) Make it Easy: Simplify offenders’ ability to complete the required activities and interventions for a first-time DUI offense.
(4) Avoid Probation: Lessen the number of DUI offenders returning to court for probation violations.
(5) Reduce Recidivism: Decrease the number of first-time DUI offenders returning for second and third offenses.
For a free consultation with an Allegheny County DUI lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
3 Types of Bail in Pennsylvania
Bail is typically set shortly after a defendant’s arrest. In Pennsylvania, courts may not use bail as punishment. Rather, bail is security used to guarantee a person’s appearance in criminal court. There are three types of bail:
(1) Cash Bail
Cash bail requires the posting of the full amount of the face value of the bond. So, for example, a $5,000 cash bond requires the posting of $5,000.
(2) Percentage Cash Bail
This form of bail requires the deposit of 10 percent of the face amount of the bond. For instance, a $5,000 percentage cash bond requires the posting of $500.
(3) R.O.R.
R.O.R., which stands for Release on Own Recognizance, is when a person is released without having to put up any cash in order to guarantee their appearance in court.
You can post bail by cash, real property, private bondsman, or professional surety company. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Jail Alternatives in Allegheny County
Allegheny County has six specialty courts that offer intensive treatment as an alternative to jail for repeat criminal offenders. These courts, which generally handle non-violent offenders only, often require longer time commitments than typical incarceration. The main purpose of specialty courts is rehabilitation not punishment. Allegheny County’s specialty courts are described below.
DUI Court is available to defendants who have been arrested at least two times on misdemeanor counts of drunken driving and have not been convicted of a violent crime for at least ten years. DUI Court requires monthly progress hearings, electronic home monitoring, and breathalyzers before entering the courtroom.
DUI Hotel, an alternative to the mandatory minimum jail term for persons convicted of DUI, involves four days of intensive programming, classes, and therapy at a specific location in Allegheny County. The sentence is completed at the end of the program, which is paid for by the defendant.
Drug Court is available for repeat drug offenders who have not been convicted of a violent crime in the past ten years. All defendants entering the program must plead guilty to the charges, be placed on electronic monitoring, and complete all treatment requirements recommended by the Drug Court Specialist.
Mental Health Court is available to misdemeanor and non-violent felony offenders with a documented diagnosis of a mental disorder. Defendants may be released from jail and placed in mental health treatment as part of probation.
Veterans Court is available for veterans of the United States Armed Forces with substance-abuse issues and mental-health disorders. Like Mental Health Court and Drug Court, Veterans Court meets monthly and undertakes regular progress reports, treatment plans, and probation.
Prostitution Court is mandatory for most defendants charged with prostitution crimes. Like Drug Court and Mental Health Court, it requires therapy and monthly progress hearings.
To discuss whether you may be eligible for a specialty court as an alternative to jail, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.