Dormont Criminal Lawyer
PFA: Dating Partners
If signed into law, House Bill 223 would provide dating partners in Louisiana the same protections in domestic-abuse cases as spouses are afforded.
Under current law, dating partners involved in domestic abuse cases may only be charged with simple battery, not domestic abuse battery, which carries more severe penalties.
It’s vital for dating partners to receive the same protections from battery as other abuse victims. Abusive behavior left unchecked tends to escalate, and domestic-violence laws include enhanced penalties to deter such behavior.
The danger is just as real in a dating relationship as in marriage. In fact, roughly 60% of the people killed in domestic homicides in Louisiana in 2016 were not married to their alleged killers.
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.
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.