At the Spodek Law Group, our criminal attorneys focus on helping clients win. We are selective about the number of clients we onboard each month. We do this because we want to provide an exceptional experience to all of our clients. Impeccable results and service is the only thing we care about. This is one of the reasons our clients refer us to their family, and friends, when they need an NYC criminal defense attorney.
When you face accusations of an alleged crime, you want to speak to an NYC criminal attorney at the Spodek Law Group, to help you. We offer an initial consultation, so you can ask us anything you need to know about the crime and punishment you may be facing. Typically, during this initial consultation – nothing is off limits. You can ask us about how to prepare for this crime, the potential trial, and more. Typically, our goal is to focus on getting the case dismissed. We can advise you on how a plea deal might work, in order to create an acceptable outcome for you and your family. Our law firm has many locations throughout New York, and can meet you at our office, or virtually anywhere. Once you sign up with our law firm, we handle everything for you.
If i’m falsely accused of a crime, do I really need to hire an NYC criminal lawyer?
Any defendant accused of a crime is entitled to have legal representation. If you can’t afford an attorney, the government is required to provide you with one. You have the right to an attorney even if you can’t afford one. Often, defendants will be given a criminal attorney by the court on a pro-bono basis. The problem is that this attorney is being paid for by the government, and has regular dealings with the prosecutor at the court. It means he/she will care more about their working relationship with the government than you. They care about their reputation with the judge, and the DA’s office. Because of this, when you work with a pro bono attorney, you’re betting the attorney will work hard and ignore this potential conflict of interest.
As a result of this, you may want to consider hiring a private NYC criminal lawyer if you’re accused of committing a crime. Criminal cases are built on evidence, and hiring your own private attorney can help discredit the evidence the prosecution tries to introduce. The criminal attorney you hire can evaluate all of the evidence, and apply the law, in order to ensure the government properly applies the law. Often, police officers act overzealously, and the prosecutors will prosecute innocent individuals based on fault evidence police collected. When you hire your own criminal attorney, you can contest all of this evidence, and move for it to be dismissed.
Our NYC criminal lawyers will defend you
When you retain a private NYC criminal lawyer, he/she can question the officers who collected evidence, and conduct a thorough investigation. If the evidence is tainted, the attorney can have it thrown out of court. Having an attorney who is WILLING to go far for you, is important when your future is on the line. It’s important you never plead guilty to a criminal charge when you’re innocent. Criminal records can have a huge impact on your life. It could be grounds for denial of government benefits, employment, housing, credit, and more.
Going to court can be frustrating, especially when you’re facing serious criminal charges. NYC prosecutors are trying VERY HARD to reduce crime, and one of the ways they do this is by enforcing heavy punishments. When you have an aggressive criminal defense attorney, you have a better chance of fighting your felony and misdemeanor.
If there’s a warrant out for your arrest, hire an attorney
Warrants are something which can only be vacated after you appear before the judge. You have to go to the county where the case is being heard. You need to have information like full name, DOB, date of arrest, and more. There is an appearance list in the lobby of the courthouse. Defendants are listed by either their docket number or name. If your name isn’t on the calendar, you have to go to the central clerk’s office.
Our Philosophy
We treat each and every single person like family. It’s that simple. It’s why we succeed. Our team of attorneys are all united by this common belief. We’ve brought together some of the brightest minds in the country, who work for you on your case. The government is often overzealous in its prosecution of people accused of a crime – at times like this, you need a criminal attorney who understands how to be aggressive. Our law firm is the shield that protects you from the prosecutors. Often, most cases come down to evidence, allegations, and potential political pressure that prosecutors face internally. Sometimes, the truth is irrelevant. With this in mind, our NYC criminal defense lawyers focus on crafting a unique strategy for every case. It means striking down evidence where necessary, so no case is successfully brought against you. If needed, at times, it might mean filing an appeal if we feel the judge is being unfair and harsh. Bottom line, we provide the highest level of defense to each and every client.
We handle a variety of cases, ranging from misdemeanors to white collar crimes
Our white collar lawyers focus on criminal investigations and cases all across the country. Our attorneys have experience helping clients deal with major felonies, ranging from wire/mail fraud to complex financial crimes. If you’re facing criminal charges, you’re at risk of losing your freedom, and liberties. The stakes are VERY high. You need a criminal defense attorney who has skills, judgement, and can help you. Our goal is to get you the best possible disposition.
When you’re accused of a crime, you want an aggressive law firm – that has vast resources, and an immutable will to fight for your rights. This is non-negotiable. You should look for these variables when interviewing law firms to protect and represent you.
Our NYC criminal lawyers have consistently been “top ranked,” by services like Avvo, National Trial Lawyers, SUPER Lawyers, and many other organizations. We strive to be the version of ourselves, in order to provide our clients with the possible outcome. We don’t focus on billable hours – we focus on positive outcomes. Many other firms are solely focused on their billables, and finances — we’re different, we even offer financial assistance in paying for our legal services. Most importantly, you can trust our NYC criminal lawyers to tell you what to do, and advise you. We understand you’re relying on us to understand your criminal accusations and their ramifications. When you work with us, we’ll tell you exactly what to expect.
Don’t Settle for a Public Defender
Public defenders are necessary to the legal system, but they don’t always provide the possible defense. Public defenders work for the state, and you have to wonder what their level of willingness is to fight and protect you. Often, the crime is without a victim, and in some cases might be “overstated.” Public defenders work in just one court, and sometimes become an ally of the local court officials. We recommend you never accept a public defender when being accused of a criminal charge, if it’s possible for you to hire a private NYC criminal attorney.
Anyone in the state of New York who is facing criminal charges should contact our New York criminal defense attorneys and get a professional consultation about their case. We’re familiar with how the federal and state courts work, and will always provide unbiased advice on your case. More importantly, we’ll explain how our track record – aligns with your case, and how we can help you avoid criminal charges, and a permanent criminal record. Let us help you – by allowing us to offer our professional expertise and knowledge, and to ensure your rights are protected.
What happens after i’m arrested?
Arrests are made when a police officer has a warrant signed by the judge, or has personally witnessed a crime being committed. Once you’re arrested, you’ll be taken into police custody and fingerprinted/photographed. Suspects who are arrested are required to answer personal questions, and then placed in a holding cell. The police have to give you an opportunity to make a phone call within 3 hours of the arrest. You can use this call to contact a NYC criminal lawyer, or your family. Typically, you’ll be given a court hearing in 48 hours after being placed in custody. You’ll be allowed to meet with your NYC attorney before the court hearing takes place to discuss what’s going on.
Typically, when you’re taken to the court, the judge will inform you of the crime you’re being charged with. At this point, you can either tell the judge you’re guilty, not guilty, plead no contest, or not guilty by reason of insanity. You should consult your NYC attorney about which plea to enter before the hearing begins. If you plea guilty, it’s an admission of guilty – and you’re agreeing to be responsible for the consequences of the crime. With a plea of no contest, the suspect is not admitting guilt but is also not disputing the facts of the charges brought against them. If the suspect pleads not guilty by reason of insanity, they may be placed under psychiatric supervision. A plea of not guilty will force the prosecutor to prove beyond a reasonable doubt that the suspect committed the crime.
The suspect will be given the opportunity to choose between a bench trial or a jury trial. If the suspect chooses a jury trial they will be tried before a group of their peers, and these peers will determine guilt or innocence. If the suspect chooses a bench trial they will be tried before the judge only, and the judge will decide the outcome. The suspect should consult their attorney to determine which option would be most beneficial.
What happens next depends on the outcome of the trial. If the suspect is found innocent, they will be allowed to go free. If the suspect is found guilty, or if the suspect pleaded guilty or no contest, a sentencing hearing will be held. Before the sentencing takes place, the judge will review the suspect’s past criminal behavior and try to determine whether or not the suspect has any substance abuse issues. The judge will take this information into consideration when deciding a verdict.
At the sentencing hearing the judge may want to hear the opinions of the suspect’s friends and family, or from the victim of the crime. The judge will then declare a verdict based on sentencing requirements and the evidence provided. Depending on the severity of the crime, the sentence could involve jail, a monetary fine or community service.
What is the purpose of a Grand Jury?
When a grand jury is formed it has 12-23 people on it. Regular trials have 6-12 people. State grand juries are usually chosen in the same manner as standard jurors. The US Courts will summon citizens who can serve up to 18 months. Grand jury’s are created to determine whether criminal charges should be brought against a defendant. It’s not used for civil matters. Only the Prosecutors can present the issue to the Grand Jury. The prosecutor represents the state/USA. During the proceeding, the Prosecutor presents the case and accuses the defendant of a crime. There’s no judge, or defense attorney. Only the Prosecutor’s witnesses are present to give testimony, and there’s no cross-examination. The Grand Jury determines whether there is probable cause to charge the defendant. Sometimes a Special Grand Jury is created to investigate matters for investigators – not prosecutors. This is different from a Grand Jury
When it comes to a Grand Jury, the weight of the evidence is important. Probable cause is the legal weight, which is used to determine whether to bring charges against the defendant. The US district court says that when the evidence convinces 12+ grand jury jurors that the defendant committed the crime, then probable cause has been established. Each state has its own definition of probable cause. The definitions are usually made by common laws, which means they are defined by the courts decisions – not statutes.
DO YOU NEED AN NYC CRIMINAL ATTORNEY FOR YOUR CASE?
When to ask a judge
At an arraignment, defendants are advised of what they’re charged with, and a plea of not guilty is almost always entered. The court will schedule various dates along with a trial date. Most defendants who want to represent themselves ask a judge for permission to do so at the time of their arraignment. The judge will then set that issue for hearing.
The hearing
The purpose of the hearing on representing oneself is to make a formal record of the request and obtain a waiver of his or her 6th Amendment right to an attorney. The judge will want the defendant to confirm on the record that he or she is freely, voluntarily, knowingly and intelligently waiving their right to an attorney with full knowledge of the possible consequences.
The defendant’s competency
For purposes of an opportunity for a fair trial, the law doesn’t allow a person to represent himself or herself if the presiding judge doesn’t feel that the defendant is competent to do so. Competency in this context isn’t about whether the defendant is mentally ill or not. It’s about the ability to understand and participate in all phases of the case against him or her.
Factors that a court considers
In deciding on the issue of a defendant’s competency, some of the factors that a court takes into consideration include the defendant’s age, educational level, his or her ability to speak and understand English and the seriousness of the crime that he or she is charged with. These factors make it clear that you need not have the skills of a attorney to be able to represent yourself. You’ll be held to the same ground rules that attorneys are held to in all phases of your case though.
Remember that in waiving your 6th Amendment right to an attorney, you’re also waiving any right that you might have to claim ineffective assistance of counsel. Knowledge and experience in criminal law and procedure can make the difference between being found guilty or not guilty. It’s highly likely that you’ll be far better off having an attorney represent you in any criminal case.
