Dormont Criminal Lawyer
Domestic Abuse: Immigration
Since President Trump took office, domestic-abuse victims seeking help have been concerned about their possible deportation.
A recent survey of over 700 advocates and legal service providers found that 62% have observed an increase in immigration-related questions from survivors of violence.
The immigrant community has interpreted President Trump’s rhetoric and reports of increased enforcement to mean all are at risk. This anxiety has translated into behavioral shifts among some of the most vulnerable immigrants, including those trapped in violent situations.
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.
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.
Summary Offenses Can Carry Stiff Penalties
Although a summary offense is low-level crime, you should seriously consider retaining an experienced criminal defense attorney to fight the charge because a conviction can have long-lasting adverse effects.
Summary offenses may carry stiff penalties, including fines and up to 90 days in jail. Additionally, you cannot even begin the process of expunging a summary offense from your criminal record for five years.
To speak with an experienced summary trial and criminal defense lawyer, 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.
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.
ARD Requirements in Allegheny County
The Allegheny County ARD Probation Program was designed to supervise the first-time, non-violent offender who has been given a second chance at having a clean criminal record. Participants in the ARD Program are expected to serve a term of supervision lasting from six month to two years. Conditions of supervision depend on the charged offense and may require the offender to complete one or more of the following:
- DUI classes
- Substance abuse treatment
- Community service
- Domestic abuse classes
- Anger management classes
- Retail theft classes
- Mental health treatment
- Restitution
- Court costs
To learn if you qualify for ARD in Allegheny County, 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.
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.