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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.





Federal Drug Defense Attorneys

The Harsh Realities of Drug Crime Prosecution and Penalties

Prosecution of a drug crime often results in hefty penalties. The legal system is designed with a punitive instead of rehabilitative approach to drug-related offenses. This situation has remained relatively consistent for decades, with most of the changes coming exclusively in rhetorical forms.

The real consequences of these policies are now fully embedded in the lived experiences of the individuals and communities most affected. Incarceration rates are not uniformly applied across all social and economic demographics, leaving the most vulnerable paying the highest price for an entrenched and recalcitrant penal code.

Penalties for Drug Possession, Use and Distribution

The penalties for possessing, using and distributing drugs are severe even at the most minimal level. In addition, many sentencing guidelines encourage harsh penalties regardless of circumstances. Contracts with the prison system call into question the purpose of these mandatory sentences, but this insight doesn’t automatically translate into policy reforms.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Incarceration has steadily increased for all drug offenses, with some exceptions for marijuana. The first offense of a drug crime is listed as a minimum of ten years in prison, for example. This is an extremely punitive minimum sentence, and the numbers only increase when the number of offenses increase relative to the scheduled substances listed. [1]

Federal Drug Crimes

Federal laws determine the legality of drugs and mind-altering substances. Regardless of shifts in social attitudes, and sometimes in contradiction with state laws, there are felony drug offenses for possession, consumption and selling of various drugs. The substance abuse schedule classifies various drugs into categories; the classification system is viewed as legacy by some medical professionals. Defense attorneys can leverage this new information to defend clients.

Developing a defense strategy requires the defense attorney to present a more compelling narrative to the court than the arguments presented by the federal prosecutor, who might rely heavily on outdated taboos and an expiring legal framework around drug laws. Legalization of certain substances introduced the possibility of astute defense lawyers to raise legitimate objections to the contradictions of previous drug laws.

In defense of their clients, these federal drug lawyers can also represent the public interest within a context of social fatigue around excessive punishments, private prison profiteers, corruption and contradictions within the existing laws shaping the case.

Federal Prosecutors, Drug Crimes

Facing a federal prosecutor can be an intimidating prospect. Hiring a federal drug defense attorney with a working knowledge of all federal and state drug laws is necessary for increasing your chances to prevail in court. [1] The federal prosecutor has the advantage of operating within a legal system that has initiated relatively few changes within a 30-year period of time.

During this time, the harsh mandatory minimum sentencing guidelines and other punitive measures have played out through the lives of real people, and their communities have not been spared. Questioning an entrenched system that generates profits for so many secondary industries is a formidable challenge. The federal drug defense attorney must have a defense strategy that is fully up to the task; the specific details of your case must shape the contours of your legal defense.

Specific practices exercised by federal drug prosecutors are based on the principles of federal prosecution of the Department of Justice. The prosecutor has a great deal of latitude in the case. This authority covers various aspects of the case including how to proceed in the case and whether to drop the charges. The principles are designed to ensure a minimum standard of consistency while enabling the prosecutor to exercise judgment during each case. [2]

During the course of the prosecution, the federal defense attorney can utilize various strategies that are informed by these principles. The ability to get a federal prosecutor to drop the charges often requires the defense attorney to develop a complicated and intricate defense strategy that is appropriate to the case.

Our Federal Drug Law Firm

Drug crimes require an aggressive legal defense. There are many reasons to hire the most qualified drug defense lawyer for felony drug charges. The penalties for a felony drug offense can include fines in addition to extensive prison terms. There are other expenses that can’t be quantified; the toll that a felony drug conviction takes on the family and friends of the defendant can be extremely serious. The criminal defense attorney can help you to overcome obstacles in your case while defending your legal rights in federal court.

This situation can seem insurmountable without an aggressive and insightful federal drug defense attorney. Federal prosecutors are frequently motivated by their career ambitions, and this should be carefully considered when choosing your federal drug defense attorney. As mandatory minimum sentences and legalization plays out over time, contradictions are introduced into legal codes that can easily seem archaic. These dynamics create an opening for the alert federal drug defense attorney. Contact our law firm to set up a consultation to discuss the details of your case.

Drug Defense Issues

Defense issues in drug cases generally turn on constitutional questions or arguments involving knowledge of the accused. Although the prosecution has the burden of proving its case beyond a reasonable doubt, we don’t want to defend a case in a trial if we don’t have to. A trial only exposes the accused to an increased risk of being found guilty. Successful disposition of a case without the burden and risk of a trial should be the objective of any attorney representing a client on a drug charge.

The exclusionary rule governs most successful pre-trial dispositions. When evidence is obtained contrary to the provisions of the U.S. Constitution, the exclusionary rule does not permit that evidence to be admitted in a trial. It’s effectively excluded under the Fourth Amendment. This is most often seen in the context of searches and seizures. If the accused is charged with being in possession of a pound of marijuana, and the search has been ruled illegal, the marijuana isn’t permitted to be introduced into evidence at trial. When that happens, the prosecution has no evidence, and the case is dismissed.

Another common drug defense revolves around knowledge of the accused. In this defense, the accused maintains that he didn’t know that the drugs were in the vehicle or apartment. He may have just bought the car or have just moved into the apartment without ever having illegally possessed a controlled substance in his life. He may have been in the car or apartment for just two minutes before police found the drugs. He had no ability to exercise dominion and control over that substance because he never had actual or constructive knowledge that it was there.

The defense attorney also wants to make sure that the prosecution can produce the drugs that the defendant is accused of possessing. From the time that the drugs are allegedly taken from the defendant, there is a chain of people in law enforcement that had custody of them. The defense attorney will want to closely examine that chain of custody. Sometimes the prosecution can’t even produce the drugs that the defendant is accused of possessing. They lost them.

It’s well established that law enforcement agencies are free to set up sting operations. There are other times when they’ve been found to persuade and encourage a person to commit a crime for the sole purpose of bringing a criminal prosecution against them. If the accused is shown to have no predisposition to perform criminal acts, that’s police misconduct, and it’s called entrapment. The wrinkle in asserting an entrapment defense is that the accused must admit to having committed the crime in order to raise the defense.

An experienced defense attorney will raise defenses and have them heard in a timely manner. The accused should avoid the risks of trial if a defense can be raised that might be successful before a trial ever becomes necessary.

Citations:

  1. Federal Drug Laws
  2. Summary of Federal and State Drug Laws
  3. Principles of Federal Prosecution
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