Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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Last Updated on: 1st August 2023, 03:47 pm
You may believe that your attorney didn’t do the best job representing you in your criminal case. If this is true, the judge may overturn the conviction and order that you receive a new trial.
If your attorney is incompetent, it is very likely that you could be convicted on the crime charged. Because this is such a distinct possibility, you are allowed to state that your attorney was ineffective while your case was being tried. If you are convicted in the case, you can also make this claim after your conviction. If you make this claim during your trial, the judge will allow you to replace your current counsel. If you are going to make the claim after a conviction, you might be entitled to a new trial.
According to the Sixth Amendment of The Constitution, you are entitled to have an attorney represent you in a court of law. The Supreme Court decided that, if you have an incompetent attorney, this is just like not having an attorney in the courtroom with you. Therefore, ineffective counsel is a violation of your Sixth Amendment rights.
To show ineffective assistance of counsel, you must demonstrate that the following are true:
Your attorney will have to demonstrate to the judge that your trial lawyer did not perform his or her job in a “reasonable” manner. To determine that a lawyer performed his or her duties reasonably, the judge may consider the following:
Because judges rarely question an attorney’s strategies during a court case, they may also consider the following:
Your attorney may have committed an act of omission or a lack of discretion, but if he or she can adequately explain these acts, the attorney cannot be found to have given you ineffective assistance of counsel.
Your attorney may be able to reasonably explain his or her strategy. If the attorney can do this, the judge will have no choice but to reject your motion. The attorney can be wrong, but employing an erroneous strategy does not constitute ineffective assistance of counsel.
An attorney cannot be penalized for making mistakes during a trial. Therefore, your new attorney must show that your trial attorney’s mistakes are the direct cause of the outcome of your trial. Your new attorney may demonstrate the following examples of ineffective counsel:
The court may do one of two things when it has been determined that you had ineffective counsel. These include the following:
If you believe that your lawyer was ineffective, hire a criminal defense law firm to protect your Sixth Amendment rights.
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