FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Nationwide Legal Representation

We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

Service Matters

Excellent results begins with top notch service. We treat you like family, and you always know what's going on with your criminal defense case.

Work Directly

When you hire our law firm, you work directly with a senior criminal defense attorney only. This ensures the best results possible.

Who We Are

We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

Schedule Consultation

Top Rated Attorneys

The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



How to Challenge a Federal Criminal Conviction

Federal courts are places where lawyers argue on behalf of clients charged with a felony offense. The federal court system only hears felony cases, which relate to offenses against the federal government’s powers, agents or agencies. These federal cases are heard by a federal judge who has the authority to convict the defendant of the felony crime. The sentencing penalties and fines tend to be stricter than the ones given for offenses heard in state courts. [1]

Appealing a Conviction

Once a conviction is reached, the defendant might think that is the end of the proceedings. However, there is an appeal process in place for defendants who want their defense lawyers to argue that it was a wrongful conviction. After the court reaches a decision in the case, there is a process of going through the appellate court system. This federal judicial system functions as an independent institution of power. This happened through the allocation of powers to different branches, and the federal judiciary operates as a manifestation of this concept of separate powers.

Federal Criminal Court, Separation of Powers

The judicial branch of the U.S. legal system functions according to the doctrine of separation of powers. This codifies the three separate branches of government as legislative, judicial and executive. The judicial branch is charged with the interpretation of the law.

Corporate influence within the judicial branch in particular accelerated after the infamous Powell memo of 1971. Since that time, the composition of the federal judiciary has morphed according to the impact of corporate influence on the interpretation of federal laws. The appellate court system is part of the federal judiciary, so the influences on the first tend to impact the second. [2]

Federal Courts, Filing a Notice to Appeal

The federal courts only hear cases that affect federal agents, agencies or authorities given exclusively to the federal government. This includes issues like counterfeiting money, treason, drugs, weapons, disputes between states, interstate commerce and maritime law. Once the judicial branch reaches a decision on a case, there is an appeals court that enables the defendant to challenge the decision.

The process begins when the attorney files a notice to appeal within 10 days. The notice of appeal is filed by the court clerk. There is an exception called excusable neglect; this extends the window to file the notice of appeal to 30 days. The motion for a late appeal can be denied by the court; this denial can also be appealed.

After the notice of appeal is filed, the attorney must gather as much convincing evidence as possible to support the argument that will be made in the appellate brief. There are several parts involved in crafting a winning brief. This document is a written argument made by the lawyer on behalf of the client.

The argument details why the court made an error in its judgment; it attempts to convince the court to reverse the decision. This is the basis for overturning a conviction on the basis of a legal procedure that was violated or a right that was infringed during the court procedures. This brief must only refer to documents, statements and evidence that has already been presented in the case. No new evidence is allowed in the appellate brief.

Prosecutor’s Appellate Brief Response

The federal prosecutor responds to the appellate brief by filing an answering brief. This brief will typically argue the reason for the conviction and recommend that the decision be upheld. The law tends to favor the party that prevailed in court; in most cases, this is the federal prosecutor. The answering brief will also be restricted to the evidence, statements and documents that were already presented in the original court hearing.

Once the answering brief is filed by the federal prosecutor, a date for oral arguments is set. The appellate court judge will hear the oral arguments of both sides. The defendant is not present during this part of the process. However, many cases are decided on the merits of the written briefs; this is the reason so much emphasis is given to the written and persuasive narrative skills of appellate lawyers.

To appeal a case successfully, the written brief must convince the judge of the merits of the argument to the extent that a decision will override the federal prosecutor’s statements within the answering brief. The law gives the criminal defendant the right to appeal after a decision to convict.

If there is a plea bargain, the federal prosecutor might insist on the defendant waiving this right to appeal as a condition of acceptance. This process can be incredibly adversarial, so having an experienced criminal defense lawyer involved is absolutely necessary in order to have fair representation in the court system; this includes the appellate court’s process to appeal of the conviction. [3]

Citations:

[1] https://www.uscourts.gov/educational-resources/educational-activities/separation-powers-action-us-v-alvarez
[2] https://www.uscourts.gov/about-federal-courts/court-role-and-structure
[3] https://www.nolo.com/legal-encyclopedia/appealing-conviction.html


Charle Butler
Charle Butler
2021-03-12
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
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
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
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
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
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
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
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!

FREE CONSULTATION

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.



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
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us