Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

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Pittsburgh Criminal Defense Attorney

5 Goals of ARD in Allegheny County

133338146In 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.

5 Factors for Setting Bail in Allegheny County

SO000183A court uses several factors to determine the amount and type of bail it sets. Under Pennsylvania law, bail is security used to guarantee a person’s appearance in criminal court. A court may release you from jail on a Cash Bail, in which you must post the full amount of the face value of the bond, or a Percentage Cash Bail, in which you must deposit 10 percent of the face amount of the bond, or Release on Own Recognizance (R.O.R.) bond, in which you need not post any cash whatsoever.

In Allegheny County, the five main criteria used in the setting of bail are:

(1)  The nature of the offense charged;

(2)  Prior criminal history;

(3)  Length of residence or community ties in Allegheny County;

(4)  History of prior appearances in Court; and

(5)  Whether or not the defendant poses a threat to the safety of the community.

To speak with an Allegheny County criminal attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Jail Alternatives in Allegheny County

200488043-001Allegheny 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.

What To Do If You’re Stopped By Police

200274121-001If you’re stopped by the police, the Pennsylvania Department of Transportation (PennDot) suggests that you do the following for your safety and the safety of others:

-Activate your turn signal and drive as close as safely possible to the right edge of the road, stop, and park your vehicle safely away from traffic.

-Turn on your vehicle’s interior light as soon as you stop and before the officer approaches, if it is nighttime.

-Limit your movements and the movements of your passengers – do not reach for anything in the vehicle.

-Alert the officer immediately, if you are transporting any type of firearm.

-Place your hands on the steering wheel, and ask any passengers to have their hands in view.

-Keep your vehicle doors closed as the officer approaches, and stay inside your vehicle, unless the officer asks you to get out.

-Keep your seat belt fastened until the officer has seen you are appropriately restrained.

-Wait until the officer asks you to retrieve your driver’s license, registration and insurance cards. Do not hand the officer your wallet – just the requested items.

-Always be polite. It is not in your best interest to argue with the officer at the scene. If you believe you have not been treated in a professional manner, you should contact the appropriate police department at a time following the traffic stop, and ask for a supervisor.

If you are given a citation and disagree with it, you are entitled to a court hearing where you can present your arguments. Spivak Law Firm represents people in traffic court throughout the Pittsburgh area. To speak with a traffic law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.