Pgh Criminal Lawyer
Spivak Law Firm Frees Inmate
Thanks to Spivak Law Firm, Doug (not his real name) is a free man again.
Doug violated his probation and ended up back in Allegheny County Jail for a domestic dispute. We negotiated an agreement to dismiss the charges upon completion of anger-management counseling.
But that would take six months.
And Doug’s probation violation hearing would not even be scheduled until he completed the counseling. That means he would likely sit in jail for at least eight months until a judge would even consider his release.
Spivak Law Firm petitioned the judge to lift Doug’s detainer. At the hearing, we persuaded the judge to lift the detainer so Doug could go back to work and help raise his infant child.
Instead of waiting eight months, Doug was back at his job and seeing his baby after just three weeks.
“Thank you for helping me get a second chance,” Doug told us after his release.
Spivak Law Firm handles all criminal matters including: felony, misdemeanor and summary charges, probation violations, and criminal-record expungements. Call us today at (412) 344-4900 or toll free at (800) 545-9390.
5 Reasons To Fight A Summary Offense
If you’re charged with a summary offense, fight it. Here’s why:
First, if the police officer doesn’t show up to the hearing, the judge will dismiss it.
Second, if you did not commit the crime, you should never plead guilty just for the sake of expediency.
Third, even if you committed the crime alleged, your attorney may be able to strike a deal. For instance, the charges may be dismissed on condition that you complete community service.
Fourth, even if you’re found guilty at the summary trial, you have the right to appeal within 30 days and get a new trial before a different judge.
Fifth, a conviction will remain on your criminal record for five years before you can even begin the process of expungement.
To speak with an experienced summary trial attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What Is Stalking?
Stalking involves following someone in a way that causes the victim to feel fearful or emotionally distressed. Stalking frequently occurs when someone tries to leave an abusive relationship.
Here are some examples of stalking behavior:
- Following someone on foot or by car
- Watching someone at work or at home
- Sending unwanted letters or emails
- Making unwanted telephone calls
- Leaving unwanted cards, flowers, or gifts
If you are the victim of stalking, you may be entitled to the protections of a Protection From Abuse (PFA) Order. Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants at PFA hearings and all criminal hearings in Pittsburgh and nearby counties, including: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County.
Call Spivak Law Firm today 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.
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.
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.
Marijuana and Racial Profiling
Blacks and whites use marijuana at similar rates, though blacks are nearly four times as likely to be arrested for possession, according to new federal statistics.
“The costly, ill-advised ‘war on marijuana’ might fairly be described as a tool of racial oppression,” writes The New York Times’s Editorial Board. “[L]aw enforcement agencies need to put an end to what is obviously a widespread practice of racial profiling.”
Marijuana arrests make up about half of all drug arrests in the United States. There were almost 900,000 marijuana arrests in 2010, and about 810,000 of these were for possession.
The sharp rise in marijuana arrests during the last two decades comes at a time when two states – Colorado and Washington – have legalized the drug for general use by adults, and 18 others and Washington D.C. have legalized it for medical use. Pennsylvania currently has legislation pending that would legalize marijuana for medical use.
Consequences for marijuana arrests are severe, as convictions can lead to fines, jail time, temporary loss of federal student financial aid, and criminal records that make it difficult to find housing or work.
If you’ve been arrested for drug crimes, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.