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White Glove Service. Excellent Results. Strong Reputation.

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NYC Criminal Lawyers

The Spodek Law Group is an elite criminal defense law firm that provides superior service and white glove professionalism, to a unique clientele nationwide. We handle tough cases that require experience, attention to detail, and excellence in order to win. With over 50 years of combined experience, we’ve handled national and international cases.

Our Mission

Service is paramount to results. We treat you like family, so you know what's going on always.

We Work for You

When you hire our criminal attorneys, you work directly with a senior attorney only.

Who We Are

We've been reviewed and rated as a top rated criminal defense law firm.

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Criminal Defense Lawyers

Our criminal defense law firms is one of the most successful defense law firms in the state of New York. We have a high success rate because we are very pragmatic when it comes to advising our clients on how to proceed – and to make sure their case ends in a positive outcome. Our goal is to help every single client get charges dismissed, or reduced. Because of our work, 100’s of people have been able to avoid criminal charges from being filed against them.

Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!


Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews

440.2 Motion to set aside sentence; by defendant.

Your right to fair treatment in the criminal courts doesn’t end after your conviction and sentence. You have the right to correct errors in the judgment even after you receive your sentence. In fact, you can use New York Rule of Criminal Procedure 440.20 to ask the court to set aside your sentence.

What are the grounds to set aside a sentence?

The court may set aside a sentence if the sentence is unauthorized, improper or illegal. If the court makes an error and enters a sentence that they don’t have the authority to enter, you can use New York rule of criminal procedure 440.20 to ask the court to correct it. The purpose of the rule is to allow defendants to get relief from the courts when they receive a sentence that’s outside the bounds of possible outcomes.

For example, a motion to set aside a sentence might be appropriate where the judge imposes more than the maximum sentence. If the maximum penalty for a case is two years and the court imposes a term of four years in prison, a motion to set aside the sentence is appropriate. A request to set aside a sentence may also be appropriate where a sentence includes a requirement of probation that’s outside of the court’s authority for the offense.

How do I file my request?

To ask the court to set aside the sentence, you must file a request in writing. The request must state all of the grounds that exist to set aside the sentence. The request should cite the law, the changes in the law or the prior case decisions that support the claim. You must also give the state’s attorney notice of the request.

The motion to set aside the sentence should be based on issues that the court hasn’t previously considered. For example, you may have argued during your original sentencing that it’s unconstitutional to impose a certain sentence. If the court rejects your argument, you may appeal your sentence, but you shouldn’t argue the same issue when you make a motion to set aside the sentence. In a motion for a new sentence, the court typically only considers new issues and information. However, the court has some discretion. In very clear cases, the court may grant your motion for a new sentencing even if it’s based on issues the court has already considered.

A retroactive change in the law

Rule 440.2 allows you to petition for a change in sentencing if there’s a retroactive change in the law that applies to the case. That means if a higher court issues a case that sets a precedent that applies to you, you may be able to appeal for a resentencing based on the change in the law. It’s important to carefully review new cases to determine if the courts make a ruling or decision that may be helpful to your case.

What happens if the court sets my sentence aside?

If the court sets your sentence aside, you’ll have the opportunity for a new sentencing. The sentencing process starts over. You can ask the judge for a different sentence and give your reasons and arguments. You may receive the same sentence again, or the court may impose a different sentence. If you think that you may want to set your sentence aside, an experienced New York criminal lawyer can help you understand whether you have the legal grounds to make the request. They can help you prepare and file your request and help you do everything that you can to maximize your chances for success.

440.3 Motion to vacate judgment and to set aside sentence; procedure

Penal code 440.3 sets out the procedure by which a defendant may file a motion to vacate judgment or set aside sentence. Under this code the motion must be made in writing, with reasonable notice to the people, containing:

1. A recitation of every ground upon which the motion is based.

2. Sworn statements supporting the factual allegations. Sworn allegations may come from the defendant or one or more other persons. Sworn allegations must be based upon:

  • Personal knowledge of the affiant; or
  • Information and belief of the affiant. The affiant must identify both the source of information and grounds for belief.

3. Any supporting information or documentation.

What happens after the motion is filed?

The People’s Response: The people may file a response to the motion with the court and serve the defendant or the defendant’s attorney with the same. In this response, the people admit or deny the defendant’s allegations. The people may also attach evidence supporting the response.

Determination Whether a Hearing is Required: The court will review both the motion and the response, as well as all supporting evidence provided. The court will then determine whether a hearing is necessary to resolve questions of fact.

Hearing the Motion:

If the court determines there is a question of fact the court will set a hearing. As it relates to the motion to vacate, the defendant may, initially or during consideration of the motion, request the production of property gathered during investigation or prosecution of the case for inspection. In some circumstances DNA testing may also be allowed.

The court will grant a defendant’s request and direct the people to produce the property if:

1. The defendant was convicted of a felony after a trial;
2. The defendant properly filed a motion to vacate the judgment and seeks the property to prove actual innocence;
3. The court ordered an evidentiary hearing concerning the motion;
4. The defendant raised credible allegations in requesting the property;
5. The court finds that the property is probative in determining the actual innocence of the defendant; and
6. The request for the property is reasonable.

The court shall impose a protective order governing property produced where it deems appropriate.

The court will deny or limit the request if the court finds that granting the request would:

1. Threaten the integrity or chain of custody of the property; or
2. Threaten the integrity of the process or laboratory conducting DNA tests; or
3. Subject a person to possible harm, intimidation, reprisal, embarrassment, or other substantially negative consequences; or
4. Undermine law enforcement functions, including informant confidentiality; or
5. Go against public safety, or is otherwise not in the interests of justice.

The court will also deny any request for production of property if:

1. The defendant could obtain the property through other reasonable means; or

2. The defendant made the motion to vacate after 5 years from the date of conviction. This statute of limitation is tolled 5 years if the defendant is in custody because of the conviction for which the motion is filed, and the defendant demonstrates that:

  • The defendant diligently pursued the motion but for some extraordinary circumstance that prevented its filing;
  • Defendant, nor defendant’s attorney, knew of the facts supporting the motion, nor could said facts have been discovered through due diligence, prior to the statute of limitations expiring; or
  • All things considered, hearing the motion is in the interests of justice.

Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

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