Pittsburgh Summary Trial Lawyer
Underage Drinking In Allegheny County
Underage drinking is illegal in Pennsylvania for people under age 21. But the law provides an exception for underage drinkers who seek medical attention for another.
If an underage drinker calls the police or campus safety to report another person in need of immediate medical attention to prevent death or serious injury, then the person who made the call cannot be prosecuted for underage drinking.
The purpose of this exception is to save lives without risk of criminal prosecution.
Spivak Law Firm handles all criminal-defense matters, including: summary trials, summary appeals, preliminary hearings, and criminal-record expungements. To speak with a Pittsburgh criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Charged With A Crime?
If you have been criminally charged, hiring an experienced criminal defense attorney can make a significant difference in the outcome of your case.
You may believe that you are able to effectively represent yourself in court, but the reality is that lawyers often obtain better deals than clients who represent themselves.
Police officers and prosecutors are aware of the fact that most lawyers have a firm grasp on the bargaining process and therefore extend offers of compromise that may not be made to a self-represented defendant who is unfamiliar with court procedure.
To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Why You Should File A Summary Appeal
In Allegheny County, if you are convicted of a summary offense such as harassment, disorderly conduct, retail theft, defiant trespassing, or underage drinking, then you should seriously consider filing a summary appeal.
If you file a summary appeal within 30 days of the conviction, you will be given a new trial – known by attorneys as a trial de novo – in the Court of Common Pleas.
There often is no transcript of the original summary trial conducted before your local magistrate. Thus, a summary appeal provides a second opportunity to have the charges against you dismissed.
At Spivak Law Firm, we handle summary trials, summary appeals, and expungements of criminal records. To schedule a free consultation, call (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.
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.
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.