Spodek Law Group handles tough cases
nationwide, that demand excellence.
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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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.
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The Sixth Amendment of the Constitution is a vital cornerstone of our justice system. It guarantees every citizen the right to a fair trial, the right to confront witnesses, and the right to legal counsel. But what happens when a defendant is not mentally competent enough to understand the charges against them? In California, Penal Code 1368 PC provides a legal process by which judges can suspend criminal proceedings against a defendant if their mental competency is questioned.
If a doubt arises in the judge’s mind about the mental competence of the defendant, PC 1368 allows the judge to suspend the proceedings. At this point, the judge will state the doubt on the record and ask the defendant’s lawyer for their opinion. If requested by the defense lawyer, the court can recess proceedings until they form an opinion about the defendant’s mental competence at that point in time.
Simply put, a defendant cannot be tried or convicted of a crime if they do not understand what is happening in court or cannot reasonably participate in their defense. Every person accused of a crime in California must understand the nature of the proceedings and be able to assist their criminal lawyer in defending the case.
Incompetency to stand trial is different from an insanity defense. If a defendant is permanently incompetent, the court can take action to ensure they are competent to stand trial. If a defendant is only temporarily incompetent, they could be tried once they are again competent. Competency to stand trial is determined by a special hearing before a judge or a jury if requested.
A court-appointed psychiatrist will typically examine defendants, and the defense attorney will be allowed to present evidence. Penal Code 1382 is the statute that ensures a defendant’s speedy trial rights, which is crucial to the protection of their constitutional rights.
A fair trial is one of the most fundamental aspects of our justice system. Every person accused of a crime deserves the right to a fair trial, regardless of their mental capacity. With Penal Code 1368 PC and the help of a skilled criminal defense attorney, defendants can receive the assistance they need to ensure their constitutional rights are protected.
When a judge in a criminal trial suspects that the defendant may be unable to comprehend the proceedings due to mental incompetence, they must act according to the provisions of PC 1368. In such a scenario, the proceedings must be suspended until the defendant’s mental competency can be determined.
Here’s how the process typically unfolds:
A defendant is considered mentally competent to stand trial if they meet the following criteria:
A defendant’s mental competency may come into question in two situations:
It’s crucial to differentiate between mental competency and legal insanity, as they are distinct concepts. A defendant may be found incompetent to stand trial but not legally insane at the time of the crime, and vice versa. Mental competency implies that the defendant is not mentally capable of participating in their defense at present, while legal insanity means that the defendant was not in control of their actions when the crime was committed and cannot be held criminally responsible.
In Los Angeles County, competency hearings are conducted by the Mental Health Courthouse. A competency hearing is a civil action, not a criminal proceeding, and is conducted before a judge or a jury. The court must appoint at least one psychiatrist or psychologist to examine the defendant and determine their competency to stand trial.
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