Pittsburgh Criminal Lawyer
Is Stalking A Crime In Pennsylvania?
Stalking is a crime in Pennsylvania. There are two basic elements to the crime:
- The stalker must complete at least two acts of unwanted behavior, no matter how close or far apart in time they are, and
- The victim must experience reasonable fear of serious bodily injury or substantial emotional distress.
The prosecutor’s office in your county makes the final decision whether to file criminal charges, including stalking charges.
If you are accused of stalking, Spivak Law Firm provides strong, aggressive defense in Protection From Abuse (PFA) and all criminal hearings. Call us today for a free consultation at (412) 344-4900 or toll free at (800) 545-9390.
Governor Stops Death Penalty In Pennsylvania
Gov. Tom Wolf last month announced a moratorium on the death penalty in Pennsylvania.
Although the state has not executed a prisoner since 1999, there are currently 186 death-row inmates in Pennsylvania, including nine from the Pittsburgh area. Terrance Williams, who was convicted of murder and scheduled for execution by lethal injection this week, has been issued a reprieve.
Associations of Pennsylvania district attorneys and state troopers criticized the move, which Gov. Wolf says was necessary to review the “fundamental fairness” of capital punishment administered by the state. Specifically, the governor cited death-row inmates later exonerated and disproportionate sentencing of African Americans as evidence that the system is flawed.
Pennsylvania may eventually join 18 other states that have ended the death penalty.
Spivak Law Firm provides strong, aggressive defense in all criminal matters. Charged with a crime? Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How To Appeal A Summary Trial Decision
Trials often determine important rights of the individuals involved. Even two reasonable people may disagree with the results of a trial. The judicial system in Pennsylvania has a built-in process where you can appeal a District Judge’s decision and be heard before a different judge. This is called a trial de novo. Allegheny County residents have 30 days from the date of a summary trial decision to file an appeal at the Department of Court Records, Room 115, Allegheny County Courthouse, in downtown Pittsburgh.
To speak with a Pittsburgh criminal defense lawyer, 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.
Improving Justice for Juveniles in Pennsylvania
The Pennsylvania Supreme Court has adopted new rules for the state’s juvenile courts in response to the despicable “kids for cash” scandal that led to federal convictions for two Luzerne County judges. The new rules, which were based on recommendations from the Interbranch Commission on Juvenile Justice, include as follows:
- Limiting the use of restraints on a juvenile in the courtroom;
- Requiring juveniles to have an attorney present during court proceedings;
- Establishing an extensive question-and-answer process with the judge before a juvenile can enter a plea agreement; and
- Creating an expedited appeal process when a juvenile is removed from his or her home as a sentence.
The new rules are a direct response to the “kids for cash” scandal, in which two Luzerne County judges had accepted more than $2.5 million in kickbacks from private juvenile facilities from 2003 to 2008. The judges had removed some 2,500 juveniles from their homes for minor offenses and sent them to juvenile facilities in exchange for money.
To speak with an Allegheny County juvenile law attorney, call Spivak Law Firm at (12) 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.
3 Types of Bail in Pennsylvania
Bail is typically set shortly after a defendant’s arrest. In Pennsylvania, courts may not use bail as punishment. Rather, bail is security used to guarantee a person’s appearance in criminal court. There are three types of bail:
(1) Cash Bail
Cash bail requires the posting of the full amount of the face value of the bond. So, for example, a $5,000 cash bond requires the posting of $5,000.
(2) Percentage Cash Bail
This form of bail requires the deposit of 10 percent of the face amount of the bond. For instance, a $5,000 percentage cash bond requires the posting of $500.
(3) R.O.R.
R.O.R., which stands for Release on Own Recognizance, is when a person is released without having to put up any cash in order to guarantee their appearance in court.
You can post bail by cash, real property, private bondsman, or professional surety company. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
What is DUI Hotel?
In Allegheny County, DUI Hotel has quickly become the default sentencing option for most first-time DUI offenders. An alternative to jail, DUI Hotel offers participants the opportunity to complete all their required penalties during an intensive four-day program lasting from Thursday to Sunday. It is geared toward first-time offenders with a blood-alcohol content (BAC) exceeding .10.
But what exactly is DUI Hotel?
Just as it sounds, participants spend four days in an actual hotel – located either in Oakland or some 20 miles from downtown Pittsburgh. Participants enter the hotel on Thursday night and undergo a check-in process that includes a Breathalyzer test. Participants’ luggage is inspected, as alcohol and non-prescription drugs are strictly prohibited. The first night concludes with a group dinner and introduction to the program.
For the next three days, DUI offenders participate in classes and group therapy facilitated by Western Psychiatric Institute and Clinic, Mon-Yough Community Services, Alternatives, and Mercy Behavioral Health. The group therapy sessions aim to encourage participants to examine their behavior.
DUI Hotel is relatively cheap. Each participant pays $500 for the program, which includes a shared hotel room, food, and the classes. Participants may have their own private room for an additional cost of $350 ($850 total). Courts often assist low-income people by delaying sentencing to give them more time to raise the money.
To speak with a Pittsburgh DUI and criminal lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Accused of Abuse?
Spivak Law Firm routinely defends people accused of domestic violence and abuse. We defend people facing Protection From Abuse (PFA) orders and criminal charges such as simple assault, aggravated assault, harassment, stalking, terroristic threats, child abuse, and reckless endangerment. We also help people facing abuse charges assert child custody and visitation rights.
In family court, it is important to understand that credibility is everything. Someone accused of abuse instantly loses sympathy and credibility in the eyes of the court. Only a rapid, fact-based response can prevent a negative stereotype from attaching to you if you’re falsely accused of abuse. If this happens, it often helps to request a custody or psychological evaluation for both parents and the children, which some judges will order to get beneath the surface and thoroughly evaluate the truth, the dynamics of the parties, and their parenting abilities. Ideally you need to be prepared with a fact-based response to these common types of allegations from the start of the case.
If you’ve been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Types of Domestic Violence
At Spivak Law Firm, we handle many cases involving allegations of domestic violence, including: Protection From Abuse (PFA), criminal charges such as assault and harassment, and high-conflict divorce and child custody matters. According to family law experts, there are four distinctly different types of domestic violence:
1) Battering: Also known as coercive controlling violence, battering involves a pattern of power and control by one partner and a pattern of fear in the victim partner. There may not be frequent violence, but when violence occurs, it can be severe and result in bruises, broken bones, and even death. The victim often becomes isolated, loses self-esteem, and finds it very hard to leave. Most batterers seem to have characteristics of borderline, narcissistic, or anti-social personalities.
2) Situational Couple Violence: This type of domestic violence is the most common type. Instead of a pattern of power and control, both parties in the couple have difficulties resolving conflict peacefully and get into pushing and shoving types of behavior, sometimes with injuries. Neither party lives in fear of the other, and the violence is generally less severe. Research shows that men and women engage in this type of violence fairly equally.
3) Separation-Instigated Violence: Sometimes there are one or two incidents at the time of separation, but no prior history of violence. Both parties may engage in this behavior, and it is fairly equal among males and females.
4) Violent Resistance: This term is used when a victim of a batterer fights back, sometimes injuring the usual perpetrator. Sometimes, batterers set up a spouse to fight back, then call the police. Sometimes victims get arrested because of one injury to the batterer, while the batterer gets away with numerous injuries on other occasions that the victim does not report.
To schedule an appointment with an attorney experienced in cases involving allegations of domestic violence, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.