Criminal Defense Lawyers

New York Federal Criminal Defense Lawyers

New York Federal Criminal Defense Lawyers

Welcome to Spodek Law Group. If your reading this, you probably think hiring an experienced criminal defense attorney means finding someone who will fight the charges aggressively and possibly get them dismissed or win at trial. In federal court in New York, that assumption will destroy your case. By the time you’re indicted, the fight is over. The question isn’t “can we win” but “how much time will you serve.” The 99.6% conviction rate isn’t a myth. And in the Southern District of New York specifically, even the 2% who go to trial lose 96.8% of the time. Our goal is to give you the information you need to understand what your actually facing—not the sanitized version, not the version that makes you feel better, but the truth about how federal criminal defense actually works in New York.

Four Federal Districts Covering New York

New York isnt one federal court. Thats the first thing you need to understand. The state is divided into four federal judicial districts, and each one operates differently with distinct prosecution priorities and judicial cultures.

The Southern District of New York covers Manhattan, the Bronx, Westchester, and several other counties. SDNY has earned a reputation as the most powerful federal prosecutor’s office in the world. There responsible for prosecuting international terrorism, foreign corruption, Wall Street fraud, and cases that other districts won’t touch. When a former president gets indicted, it happens here. When foreign officials get charged with bribery, it happens here. When cryptocurrency executives get arrested, it happens here. The prosecutors in SDNY view themselves as global enforcers, not local crime fighters.

The Eastern District of New York covers Brooklyn, Queens, Staten Island, and Long Island. EDNY built it’s reputation prosecuting organized crime—the five families, Russian mafia, international drug trafficking. If your facing charges in the Eastern District, your dealing with prosecutors who’ve taken down mob bosses and cartel operators.

The Northern District of New York operates out of Albany and covers everything from Albany north to the Canadian border. This district handles alot of drug trafficking cases (I-87 corridor from NYC to Canada), white-collar fraud, and public corruption. The Northern District might feel less intimidating then SDNY, but federal is federal. The same sentencing guidelines apply. The same mandatory minimums apply.

The Western District of New York covers Buffalo, Rochester, and everything west of the Northern District. The Western District prosecutes drug conspiracies, firearms trafficking, and fraud cases. There less high-profile then SDNY, but the conviction rates are just as high.

Where your case lands matters. It determines which prosecutors your facing, which judges will hear your case, and what the local legal culture is like. But heres what doesnt change across districts: by the time your indicted, they’ve already built an overwhelming case.

The Conviction Rate Nobody Mentions

OK so heres the thing about federal court that most defense websites wont tell you directly. The conviction rate isnt just high. Its overwhelming. And understanding exactly how overwhelming changes how you should approach your case.

In fiscal year 2022, federal prosecutors convicted 71,664 out of 71,954 defendants. Thats 99.6%. Of the tiny fraction who went to trial instead of pleading guilty, the conviction rate was still over 95%. In the Southern District of New York specifically, between 2018 and 2023, the conviction rate at trial was 96.8%.

Think about what that means. For every 100 people who go to trial in SDNY, 97 are convicted. Maybe 3 are aquitted. Maybe. This isnt because federal prosecutors are better at picking juries. Its because they only indict when they’ve already built an overwhelming case during the investigation.

Now heres were this gets uncomfortable for anyone whos thinking “but I have constitutional rights” or “my lawyer will fight this.” You might be thinking: those statistics are skewed because most federal defendants are guilty and take pleas to avoid trial expenses. If your actually innocent, surely you can fight and win.

The 96.8% conviction rate at TRIAL proves this wrong. Thats not people pleading out to avoid expense. Thats people who exercised there constitutional rights, had discovery, cross-examined witnesses, and presented there case to a jury. They still lost 96.8% of the time in SDNY. Why? Because federal prosecutors dont bring charges unless they’ve already built an overwhelming case during the 1-3 year investigation. By the time your indicted, they have your emails. Your bank records. Your cooperating co-conspirators. The constitutional protections exist, but they dont overcome evidence gathered when you didnt know you were a target.

And if you reject the plea offer and lose at trial, you face whats called the trial penalty. Sentences 2-3 times higher than the offered plea. Why? Because you lose the “acceptance of responsibility” guideline reduction (usually 2-3 levels, which can mean years). And prosecutors can seek enhancements for “obstruction of justice” if they believe you lied during trial. The right to trial is real. But exercising it is punished.

Your state court lawyer—the one who won that DWI case or got that assault charge reduced—probly has no idea how different this is. State prosecutors juggle thousands of cases and regularly dismiss or plea down because they dont have resources. Federal prosecutors cherry-pick winners. Thats the playing field your walking into.

Why SDNY Is Called “The Sovereign District”

If your facing federal charges in the Southern District of New York, you need to understand something that goes beyond the already-overwhelming federal conviction rate. SDNY operates at a different level than other federal prosecutors offices.

Federal prosecutors themselves call it “the Sovereign District.” Not as a criticism. As a description of how SDNY actually operates. The office takes cases that other US Attorney’s offices wont touch—prosecutions of foreign heads of state, international terrorism financing, global corruption schemes. When the Justice Department needs someone prosecuted and it involves international complexity or political sensitivity, it goes to SDNY.

The numbers since 2020 alone are staggering. SDNY prosecuted a former president (Donald Trump on multiple indictments). Foreign officials for bribery and money laundering. Cryptocurrency executives for fraud. Ghislaine Maxwell for sex trafficking. Michael Avenatti for wire fraud and extortion. These arent just federal cases. There cases that shape international law and policy.

Heres what this means for you if your charged in SDNY. Your not facing a local prosecutor who’s juggling a caseload. Your facing an office that views convictions as career-making achievements. SDNY is a stepping stone to federal judgeships, BigLaw partnerships, and US Attorney General positions. The prosecutors assigned to your case are building there resumes. Your conviction is there credential.

The resources SDNY brings to cases exceed what most defendants can match. International evidence gathering. Multiple federal agencies working together. Years of investigation. Expert witnesses. Forensic accountants. Digital forensics teams. If your defense strategy relies on outspending or outworking the prosecution, understand that SDNY has effectively unlimited resources.

And heres the kicker. SDNY’s conviction rate at trial (96.8%) is slightly HIGHER than the national federal average. This isnt because Manhattan juries are more pro-prosecution. Its because SDNY only brings cases they’re absolutely certain they’ll win. Even by federal standards, SDNY is selective. If they’ve indicted you, they believe the outcome is already determined.

Todd Spodek and the attorneys at Spodek Law Group have represented clients in federal courts across the country, including SDNY. We understand that your not just facing federal prosecution. In SDNY, your facing the most aggressive, best-resourced prosecutor’s office in the world. That knowledge shapes every decision we make in your defense.

What They Already Have Before You Know You’re a Target

Lets talk about why the conviction rate is so high. Because alot of people facing federal charges think the battle starts when there arrested or when they recieve a target letter. By that point, the battle is already over. Here’s what federal prosecutors already have before you even know your under investigation.

Federal investigations typically last 1-3 years before charges are filed. During that time, prosecutors are gathering evidence with tools and resources that state prosecutors dont have access to. They get search warrants for your email accounts—not just recent emails, but years of correspondence stored on Google or Microsoft servers. They subpoena your bank records, credit card statements, wire transfers, and financial transactions going back years. They interview your colleagues, your business partners, your friends, your family. And they flip co-defendants into cooperating witnesses who provide testimony against you in exchange for reduced sentences.

The grand jury system rubber-stamps this process. Of 162,000+ federal cases presented to grand juries, only 11 resulted in “no true bill”—a refusal rate of 0.0068%. When prosecutors say “the grand jury decided to indict,” what they mean is “we presented evidence in a closed proceeding with no defense attorney present, no cross-examination, and no challenge to our narrative, and the grand jury did what grand juries always do.” The grand jury was designed to protect citizens from unfounded prosecution. In practice, its become a prosecutor’s rubber stamp.

Heres the specific gap that destroys cases. Unlike state prosecutors, who inherit cases from police after arrests, federal prosecutors CONTROL investigations from day one. They decide what resources to deploy. They decide when to execute search warrants. They decide when to approach potential cooperators. They decide when to indict. This is why they only indict slam-dunk cases—theyve built them from scratch with overwhelming evidence.

By the time your indicted, they have everything. Your own words from emails you forgot you sent. Financial records showing transactions you didnt think were problematic. Witness testimony from people who’ve already made deals. Trial becomes a formality. The constitutional protections you have—discovery, cross-examination, the right to testify—cant overcome the evidence they gathered when you didnt know you needed to protect yourself.

This is why early intervention matters so much in federal cases. If your being investigated but havent been charged yet, theres still time for an experienced federal attorney to potentially prevent charges from being filed. After indictment, your negotiating from a position of overwhelming weakness.

The Only Number That Actually Matters in Federal Sentencing

After everything Ive described—the 99.6% conviction rate, the trial penalty, the pre-indictment investigation advantage, the SDNY resources—you might be wondering what actually determines your sentence in federal court. Heres the uncomfortable truth: its not guilt or innocence. Its cooperation.

Federal sentencing operates under the Sentencing Guidelines, which create ranges based on offense level and criminal history. But the real variable isnt the guidelines calculation. Its whether you cooperate with prosecutors under whats called a “5K1.1 motion” or “substantial assistance departure.” A defendant who provides substantial cooperation before indictment can recieve 60-70% sentence reductions. The same defendant cooperating after indictment might get 20-30% reductions. Your sentence depends more on WHEN you helped than HOW culpable you were.

Now heres were state court experience becomes a liability. In state court, “cooperation” often means talking to police. Being helpful. Showing your not hiding anything. In federal court, that approach destroys your case completely.

Real federal cooperation requires formal mechanisms: proffer agreements, immunity letters, cooperation agreements, and eventually 5K1.1 departure motions filed by prosecutors. A proffer agreement is a written contract where you agree to tell prosecutors everything you know, and they agree not to use your exact words against you at trial (but they CAN use everything you tell them to find other evidence, and they CAN use your statements to impeach you if you testify differently later). If you talk to the FBI without a proffer agreement in place, your making statements that lock in your guilt without getting cooperation credit. Then those statements become evidence at trial. Then you cant testify because you’d be impeached by prior inconsistent statements. Then you have no viable defense AND no cooperation credit.

This is the mistake state court lawyers make constantly. They tell clients to “cooperate” with the FBI. To “be honest” and “show you have nothing to hide.” They treat FBI interviews like talking to local police. The client answers questions without proper preparation, without understanding what the government is actually investigating, without securing a cooperation agreement first. By the time they hire a competent federal attorney, the damage is done. Theyve made admissions that eliminate defenses without getting any sentence reduction in return.

Your state court lawyer who won that DWI case by cross-examining the arresting officer doesnt understand that in federal court, there’s no one to cross-examine effectively. The government has your own emails. Your bank records. Your co-defendants cooperation. All gathered before you were arrested. All admissible. All overwhelming.

The cooperation window opens widest before indictment. If your under investigation and you have information the government wants, thats when your cooperation is most valuable. After indictment, they already have most of what you could offer. Your leverage drops dramatically. But most people dont know there under investigation until its too late. They dont know they need a federal defense attorney until they recieve a target letter or get arrested. By then, the cooperation window is closing.

What Federal Defense Actually Looks Like in New York

So what does competent federal criminal defense actually look like, given everything Ive laid out? Its not Perry Mason courtroom heroics. Its not cross-examining witnesses into confessing. Its damage control, strategic positioning, and knowing exactly when to fight and when to negotiate.

First, early intervention if possible.

If your being investigated but havent been charged, an experienced federal attorney can sometimes prevent charges from being filed. We communicate with prosecutors. Present mitigating information. Shape the narrative before the government commits to an indictment. Once your indicted, leverage shifts dramatically against you. Before indictment, there’s still room to maneuver.

Second, understanding the specific district and the prosecutors your facing.

What works in the Eastern District might not work in SDNY. An attorney who’s appeared before the specific judge assigned to your case, who knows how the Assistant US Attorney on your case operates, who understands local legal culture—that experience is invaluable. Federal defense isnt generic. Its specific to the district, the judge, the prosecutor, and the nature of the charges.

Third, cooperation strategy if thats appropriate for your case.

This requires careful analysis. What information do you actually have thats valuable to the government? When is the right time to approach prosecutors about cooperation? What are the risks of proffering? How do you verify that the cooperation agreement actually delivers the promised benefits? A proffer done right can take decades off a sentence. A proffer done wrong adds charges and eliminates defenses. The difference is preparation and timing.

Fourth, sentencing advocacy.

Even if your pleading guilty, the sentence isnt predetermined. The Federal Sentencing Guidelines are complicated. Calculating offense levels, criminal history categories, specific offense characteristics, adjustments, departures, variances—this is technical work that requires expertise. The difference between guideline ranges can be 5 years or 15 years of your life. Competent sentencing advocacy can mean arguing for downward departures based on mental health, family circumstances, minor role in the offense, or guideline miscalculations.

Fifth, knowing when trial is actually the right choice.

Despite everything Ive said about conviction rates, there ARE cases where trial makes sense. When the government’s case has genuine weaknesses. When the offered plea isnt significantly better than the trial penalty risk. When the defendant is actually innocent and has evidence to prove it. These cases are rare, but they exist. The key is honest assessment—not false hope, not delusional confidence, but genuine analysis of whether the government’s evidence has exploitable gaps.

At Spodek Law Group, we’ve represented clients facing federal charges in all four New York districts. We understand that federal defense isnt about what works on TV or what worked in state court. Its about meticulous preparation, strategic positioning, and realistic assessment of the governments case and your options. Were not here to tell you what you want to hear. Were here to tell you what you need to know to make informed decisions about your future.

If your facing federal charges in New York—or if youve been contacted by federal agents and charges seem likely—dont wait. The federal government has been building there case for months or years. Every day you delay is a day they get stronger and your options get narrower. Call 212-300-5196 for a consultation. We’ll give you an honest assessment of where you stand and what your options actually are. This is serious. Treat it that way.