Bethel Park Criminal Lawyer
Criminal Domestic Violence
Q: I am accused of perpetrating domestic violence. Can my accuser get the criminal charges dismissed?
A: No.
In domestic violence cases, it is common for an accuser to later recant testimony in an attempt to “make the charges go away.” If your accuser no longer wants you to be prosecuted, he or she can make this known to the district attorney’s office. However, the prosecutor has sole discretion to decide whether to pursue criminal charges against you.
Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. We provide strong, compassionate representation in all Protection From Abuse (PFA), criminal domestic violence, and child custody cases.
To learn more about domestic violence law in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Fund Violence Against Women Act
Across the country, organizations that help women recover from domestic abuse draw support from the Violence Against Women Act (VAWA). But President Trump’s proposed budget calls for a 4 percent cut to the department that supports these programs.
U.S. Attorney General Jeff Sessions is charged with enforcing VAWA, though he voted against it in 2013 as a Senator. If these cuts are approved – or if the Republican-controlled Congress fails to renew VAWA in 2018 – victims of domestic violence and sexual assault would lose access to valuable programs designed to help them.
Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Terroristic Threats: Penalties
Under Pennsylvania law, a person commits the crime of terroristic threats if the person makes a direct or indirect threat to:
- commit any crime of violence with intent to terrorize another;
- cause evacuation of a public place; or
- cause serious public inconvenience, or public terror.
Terroristic threats is graded as a first-degree misdemeanor, which could result in up to five years in prison and a maximum $10,000 fine. If the threat causes occupants of a public place to be diverted from normal operations, it is graded as a third-degree felony, which carries up to 7 years in prison and a $15,000 fine.
Spivak Law Firm handles all criminal domestic violence charges, including: simple assault, harassment, stalking, recklessly endangering another person, and terroristic threats. To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Who Can Testify At My Summary Trial?
At a summary trial, judges tend to not want to hear from character witnesses.
Generally, to be a competent witness, the person testifying must have been present at the event that gave rise to the charges. All testimony must be relevant to the charges or defense, and the judge will likely not permit irrelevant testimony, such as information about the defendant’s good reputation, good driving history, etc. Each witness can be cross-examined. The judge is charged with the responsibility of conducting the trial, determining who can testify, admitting evidence, and ruling on evidentiary objections.
After all testimony and argument, the judge will announce a decision in open court at the conclusion of the trial. Once a decision has been announced, the trial is ended and the result is final.
To speak with an experienced Pittsburgh summary trial lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Legalize Pot, Says Allegheny County Coroner
Former Allegheny County Coroner Cyril Wecht presents strong and convincing arguments for legalizing medicinal marijuana and decriminalizing the drug in Pennsylvania.
“As a forensic pathologist performing autopsies on hundreds of people each year who die as a result of drug toxicity,” Wecht wrote recently in the Pittsburgh Post-Gazette, “I have never signed out a death due to cannabis, nor have I ever seen such an autopsy report from any other forensic pathologist.”
Wecht decries the decades-long propaganda campaign against marijuana. “Marijuana is not an addictive drug that leads to physiological habituation and tolerance,” he writes, contrasting it with the countless deaths directly caused by popular legal substances such as alcohol, antidepressants, sedatives, and opioids.
Wecht supports legalizing medicinal marijuana and decriminalizing marijuana use and possession. Currently, two states have completely legalized marijuana and 18 other states have decriminalized it. “There simply is no rational reason, medical logic or justifiable legal basis for the refusal of the federal government and most states to decriminalize marijuana,” Wecht writes.
To speak with an experienced Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Why Expunge Your Criminal Record?
A criminal record can hurt you by limiting your job opportunities, restricting your housing options, and even impeding your ability to get a loan. In Pennsylvania, employers, landlords, and banks routinely check criminal backgrounds.
Having your criminal record expunged, or erased, is vitally important to getting your life back to normal. Fortunately, the process is relatively simple and inexpensive.
At Spivak Law Firm, we promptly obtain a certified copy of your criminal record from the Pennsylvania State Police then petition the court to expunge your record. The process can take as long as a year, and we update you about the process at every step.
If your case was dismissed or withdrawn, we can immediately initiate the expungement process. If you’ve been convicted of a summary offense, you can have your criminal record expunged after a five-year waiting period so long as there are no further incidents.
To learn more about expunging your criminal record, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
5 Goals of ARD in Allegheny County
In Allegheny County, the Accelerated Rehabilitative Disposition (ARD) program is commonly offered to most first-time, non-violent offenders. If participants complete the program’s requirements, they may get their criminal records expunged or erased. There are five goals of the ARD program:
(1) Clean Slate: To provide first-time, non-violent offenders an opportunity to have their criminal charges expunged
(2) Atonement: To hold offenders responsible while providing them an opportunity to atone for their criminal behavior
(3) Rehabilitation: To provide offenders with treatment options
(4) Restitution: To restore the financial burden incurred by the victim
(5) Efficiency: To enable the courts to dispose of cases in a cost-effective manner
To speak with a Pittsburgh criminal attorney, call Spivak Law Firm at (412) 344-4900 or toll fee 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.
Erasing Your Criminal Record in Pennsylvania
There are many reasons why a person may wish to expunge criminal records. For example, a background check will produce details of criminal cases that might affect future employment opportunities, the ability to be bonded or to obtain a gun permit.
Under Pennsylvania law, you may be eligible to have your criminal records erased if your case resulted in a non-conviction, such as: not-guilty verdict, dismissal, withdrawal or charges, or nolle prosequi. Expungements are also available to people who complete the Accelerated Rehabilitative Disposition (ARD) program or receive Probation Without Verdict pursuant to the Controlled Substances Act.
Convictions for misdemeanors or felonies cannot be expunged in Pennsylvania, but convictions for summary offenses can be expunged so long as the defendant has been free of arrest or prosecution for five years following the conviction of that offense.
Spivak Law Firm offers a low, one-time fee for expungements, which includes obtaining a certified copy of your criminal records from the state police, filing a motion for expungement with your county’s Department of Court Records, and monitoring your case to ensure that the records are removed from statewide databases.
It may take up to one year for the expungement process to be completed after a judge signs an Order of Expungement.
To speak with an attorney about expunging your criminal records, 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.