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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

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.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

What Must be Established to Prove Ineffective Representation

By Spodek Law Group | May 23, 2023
(Last Updated On: May 23, 2023)

Last Updated on: 23rd May 2023, 11:38 am

Know Your Rights: The Sixth Amendment & Ineffective Representation

The Sixth Amendment of the U.S. Constitution guarantees all criminal defendants the right to effective legal representation. Sadly, many who are convicted of a crime believe they were found guilty due to inadequate defense. Proving that one didn’t get a fair trial because of their lawyer’s incompetence is a challenging task, but it is not impossible.

What Constitutes Inadequate Representation?

Reasonable Legal Standards: Simply losing a client’s case does not indicate that a lawyer provided inadequate representation. The most accurate measure of a lawyer’s performance is whether it is considered reasonable based on objective professional legal standards. Since there is no predetermined set of rules specifying what constitutes “reasonable,” each case of representation is unique. Defense lawyers will make critical decisions regarding legal strategy, and these judgment calls must be reasonable given the evidence and legal professional standards.

Appeals Strategy: The Path to Overturning a Conviction

When someone receives a guilty verdict in their criminal case, the legal battle is far from over. In many cases, it’s just the beginning. This is the time to review all options for future legal actions. Appeals become a viable choice for many who hope to lower their sentence or overturn their conviction. Although appeals may be time-consuming and difficult to win, everyone has the right to appeal their verdict. A knowledgeable and experienced appellate attorney can review the case and establish the best course of action, which could involve proving that the initial trial attorney’s representation was ineffective.

Situations That Prove Ineffective Representation

In most situations, judges assume that attorneys know the best course of action in defending their clients. However, certain circumstances can prove a defendant had ineffective representation, such as:

– An attorney advising a green card holder to plead guilty to a reduced charge without explaining potential immigration consequences, leading to the client’s deportation when other legal options were available.
– An attorney failing to raise objections when the prosecution introduces evidence obtained through an illegal search, as they did not conduct proper pretrial discovery to learn about the evidence and its source.
– An attorney neglecting to hire an expert witness to counter the testimony of the prosecution’s expert witness.
– An attorney behaving unprofessionally during the trial, wearing inappropriate clothing, arriving late to court, or misinforming their clients about their case.

Proving Prejudice Due to Ineffective Representation

To establish a case of ineffective representation, individuals must prove that their attorney’s mistakes were so significant that they resulted in an unfair trial and consequently deprived them of a proper outcome. Moreover, it must be shown that an attorney’s negligence affected the trial’s outcome directly. Both of these elements must be proven to establish ineffective representation.

Statute of Limitations: Time Constraints for Filing a Motion

Motions for ineffective representation are subject to specific time limitations known as statutes of limitations. The timeline varies depending on the state where the court action took place. Typically, the statute of limitations is within two years after a defendant’s sentence and judgment become final. There are, however, some exceptions:

– The defendant hired an attorney to file the motion within the acceptable time period, but the attorney failed to do so.
– The facts needed for filing a claim were unknown to the defendant or their attorney within the filing time period, and it was not reasonable for them to have discovered them.
– The fundamental constitutional right being asserted was not established during the filing time period, but the right was established later and retroactively applied.

Take Action: Hire an Experienced Criminal Appeals Attorney

When you’ve been found guilty due to ineffective representation, it’s crucial to exercise your right to appeal. Hiring an experienced criminal appeals attorney can make all the difference in securing a favorable outcome. The legal world is complicated, with various obstacles in place that make success a challenge. The Spodek Law Group is well-versed in handling post-conviction appeals and understands the necessary steps to achieve desired results.

Don’t let a miscarriage of justice define your life. With expert guidance and a compelling strategy, you can fight for fair representation and overturn the consequences of an unfair trial.

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

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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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