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NYC Criminal Lawyers

The Spodek Law Group is an elite criminal defense law firm that provides superior service and white glove professionalism, to a unique clientele nationwide. We handle tough cases that require experience, attention to detail, and excellence in order to win. With over 50 years of combined experience, we’ve handled national and international cases.

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Service is paramount to results. We treat you like family, so you know what's going on always.

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When you hire our criminal attorneys, you work directly with a senior attorney only.

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We've been reviewed and rated as a top rated criminal defense law firm.

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Criminal Defense Lawyers

Our criminal defense law firms is one of the most successful defense law firms in the state of New York. We have a high success rate because we are very pragmatic when it comes to advising our clients on how to proceed – and to make sure their case ends in a positive outcome. Our goal is to help every single client get charges dismissed, or reduced. Because of our work, 100’s of people have been able to avoid criminal charges from being filed against them.

Charle Butler
Charle Butler
2021-03-12
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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!


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

New York Penal Code 220.21: Criminal possession of a controlled substance in the first degree

In New York, all controlled substance charges are serious offenses. However, the most serious of the charges is criminal possession of a controlled substance in the first degree. A conviction can mean up to life in prison.

What qualifies as a first-degree possession charge

The charge of first-degree criminal possession of a controlled substance is quite specific in New York. It involves possession of certain narcotic drugs. You must have eight or more ounces of the narcotic in order to receive a first-degree charge. Alternatively, if you have more than a certain quantity of methadone you can also receive a first-degree possession charge. New York’s first-degree possession of a controlled substance law is New York’s penal law 220.21.

Penalties and sentencing

A first-degree possession charge is a very serious offense because of the possibility of life in prison. In addition to the maximum possibility, you also face a mandatory minimum term in prison of fifteen years. That means if you’re convicted as charged, the judge doesn’t have the option to give you less than fifteen years in prison.

How much time you actually serve depends on the specific nature of your offense. The court also looks at your criminal history. When your NYC criminal attorneys work on your case, they can help you consider whether it’s in your best interests to go to trial or to negotiate a plea deal to a reduced charge.

Ways to defend your case

There are a number of different ways that your defense team can attack the charges against you. In the United States and in New York, you’re innocent until proven guilty. It’s up to the police to prove the charges against you. They must collect their evidence in a lawful way.

Constitutional search and seizure laws

The first thing your attorney might do is evaluate the traffic stop or the search of your property. Under the Fourth Amendment of the U.S. Constitution, you have the right to live your life peacefully without unreasonable interference from police. That’s the case if you’re in your home, walking down the street or driving a moving vehicle.

If the police search your property in an unlawful way, they can’t use the evidence that they find against you in court. Your attorney can file a pretrial motion to ask the judge to throw out the evidence against you. If the police can’t tell the jury that you had a controlled substance, there’s no case. This is a great way to defend yourself if the police acted unlawfully.

Proving every element

When you go to trial, it’s up to law enforcement to prove the charges against you. That means they have to show that you knew you possessed the drugs. If someone else threw the drugs in your yard as they ran from the police, you didn’t knowingly possess the drugs. If your relative put the drugs in your purse as a prank, you didn’t knowingly possess the drugs.

The police also have to prove that the substance is controlled. That means they should test the substance and have a report to show the jury. They also have to prove that you didn’t have a lawful right to possess the drugs. That could be an issue if you’re charged with possessing a prescription drug.

Explore all of your options

A first-degree controlled substance possession charge can be devastating. It’s important that you explore all of the defenses available to you. A strong defense can save you from years in prison and a life changing criminal history.

New York Penal Code 220.18: Criminal possession of a controlled substance in the second degree

Even if you didn’t intend to sell or distribute a controlled substance, possession of a controlled substance is a serious criminal offense in New York. The greater the quantity of the substance, the greater the possible criminal penalties. Criminal possession of a controlled substance in the second degree is a New York class A-II felony under New York penal code 220.18.

Possible penalties

A conviction for second degree controlled substance possession can bring a sentence of up to ten years in prison. There’s also a minimum sentence of three years. That means the judge can sentence you to prison for anywhere from three to ten years.

There are increased penalties if you’re convicted two or more times. There are also increased penalties if you have a previous violent conviction on your criminal history. Once you’re released from prison, you’re probably going to stay under court supervision for a number of years.

What counts

For a charge of criminal possession of a controlled substance in the second degree, you must possess four ounces or more of most drugs. In the case of methamphetamine, you only need to possess two ounces. There are many other drugs that can bring a second-degree possession charge, depending on the amounts in your possession. Some examples of these are hallucinogens, stimulants and methadone. At Spodek Law Group, we’re the NYC criminal lawyers with extensive experience helping clients evaluate their case to see if the state made charging errors that could be fatal to the case.

Preparing your best defense

If you’re facing these serious charges, there are a number of ways that you can defend yourself. In a court of law, you don’t have to prove your innocence. Rather, the police have to prove every element of a crime in order to show that you’re guilty.

The police have to show the jury that you knew you had the drugs. If you pick up the wrong backpack at school and the backpack has drugs in it, you’re not in knowing possession of a controlled substance. Likewise, if someone plants the drugs on you and then calls the police, you’re not in knowing possession of the drugs.

Medical emergency exception

It’s a valid defense to a drug possession charge that you or someone in your vicinity sought help for a medical emergency. For example, two people overdose on drugs in someone’s home. One person realizes that the other needs medical attention and calls for emergency medical services.

When the medical technicians arrive, they find large quantities of drugs at the scene. Even though they found the drugs, the people in the home can’t face charges for possession of the drugs. That’s because New York has decided that it’s good public policy to allow people to call for emergency help when they need it without having to worry that they’re going to face serious criminal consequences as a result.

Unlawful search defenses

You might also be able to defend your case on the grounds that law enforcement conducted an unlawful search of your person or property. This is a constitutional defense. Law enforcement can only search your property if they have a search warrant, if there is an emergency warrant exception or if they take advantage of one of a number of other limited ways to lawfully search private property. The laws on search and seizure are often subtle, and they can change as new cases move through the courts. If law enforcement violated the law in your case, the result can be dismissal of the criminal charges.

New York Penal Code 220.16: Criminal possession of a controlled substance in the third degree

If you find yourself facing criminal possession of a controlled substance charges in New York, it can be hard to understand exactly why you received a specific charge. In New York, criminal possession of a controlled substance charges are divided by degree. First degree is the most serious, and seventh degree is the least serious.

Different ways to face a third degree possession charge

All drug possession charges are serious in New York, and third degree possession charges are no exception. If you’re convicted of possession of a controlled substance in the third degree, you’re convicted of a class B felony. That means you’re going to serve at least one year in jail, and you might serve up to nine years in jail. If you’ve got a criminal history, you might spend even more time in jail, especially if your prior offense is violent in nature. With a prior violent offense on your criminal history, you can spend up to fifteen years in prison for a class B felony conviction.

Third degree classifications

To face a charge of possession in the third degree, you must have a certain quantity of a specific controlled substance. Not all substances are created equal in this regard. What might be a third degree amount of one substance might be a first degree amount of another substance.

The classification laws are very specific and can even be confusing, so it’s important to work with a skilled NYC criminal lawyer to evaluate your case for possible defenses. Marijuana is not included in charges for possession of a controlled substance charges. Marijuana is illegal in New York, but there’s a completely separate law for that.

Possession vs. selling

Possessing and selling drugs are two different charges under New York law, but intent to sell can be a third degree possession charge in some cases. If you have any amount of a narcotic drug that you intended to sell, it can mean a third degree controlled substance possession charge. Otherwise, there are separate and distinct charges for selling drugs as opposed to possessing them in New York. If it looks like you had plans to sell the drugs or if you had drugs in a large enough quantity that you couldn’t possibly use them all yourself, you might find yourself facing a charge of criminal possession in the third degree or a separate charge of selling drugs.

Defending yourself against the charges

Because of the seriousness of the charges, it’s important to evaluate available defenses such as law enforcement’s inability to prove the case or whether law enforcement found the evidence unlawfully. The police have to prove every element of the offense. That means they have to prove that you actually had possession of the drugs and that you knew you had possession of the drugs. If you had the drugs accidentally or they were far enough away from you and your control that they might not have been yours, a jury might take your side and find you not guilty.

Your attorney can also help you evaluate whether the police violated the constitution when they searched your property. If law enforcement stormed in and searched you or your property without probable cause and without a search warrant, you can ask the court to throw out your charges. Search and seizure laws are based on the United States Constitution, so the police can’t make their own rules when it comes to searching private property. Your case is important to your future, so it’s important to prepare every possible defense.

New York Penal Code 220.09: Criminal possession of a controlled substance in the fourth degree

Criminal possession of a controlled substance in the fourth degree is a class C felony under New York Penal Code 220.09. If you’re convicted of a class C felony, you face between one and five-and-a-half years in prison. Because it is a felony and because it carries a mandatory minimum sentence of at least one year of incarceration, this is a serious offense.

The degrees of drug offenses

Drug possession crimes in New York are divided by degrees. The more serious the offense, the closer it’s going to be to a charge in the first degree. Charges range from first degree to seventh degree with seventh being the least-serious available charge.

What charge you face depends on the specific substance that you had and the quantity that law enforcement finds in your possession. For example, if you possess a gram or more of a stimulant you can face fourth degree possession charges. For a narcotic drug, you need to possess only one-eighth of an ounce or more in order to face a fourth degree possession charge. In the case of a depressant, you must have two pounds or more to face a fourth degree charge.

New York law lists a wide variety of substances that can fall under the fourth offense possession charge. In each case, the quantity is a little bit different. It’s important to work with an attorney that understands the nuances of the law and can help you evaluate the case for possible defenses in this area.

Drug courts

One option for individuals facing a charge of criminal possession of a controlled substance in the fourth degree is participation in a drug court. Drug courts are a relatively modern court program that aims to help offenders stop using substances. If a substance abuse problem might have contributed to your substance possession offense, you might be a candidate for participation in this program.

Drug courts are not easy. They’re only a viable option if you’re serious about stopping substance use. When you’re in drug court, you can expect strict monitoring to make sure that you’re not using substances. You can also expect to participate in any treatment programs that the court thinks might be helpful to assist you with achieving and maintaining sobriety. This can include substance abuse counseling.

If you complete the program successfully, you can receive a reduction in your criminal charges. The idea is that the promise of a reduced penalty can help you find the motivation to stop using substances. That way, you can become a lawful and productive member of society. If you’re facing a possession charge, we invite you to talk with our NYC criminal lawyers at Spodek Law Group about this option.

Other available defenses

There are other ways that you might be able to defend yourself against the charges. Law enforcement has to be able to prove what exactly the substances are. If they fail to test the substances or if they are not the substances that law enforcement initially claimed, you might see your case dismissed.

In addition, law enforcement has to prove that you are the one that had possession of the drugs. That means that you had to have the ability to exercise control or power over the drugs. For example, if you are a front-seat passenger in a vehicle and the drugs are under the driver’s seat, it might be hard for law enforcement to prove that you knowingly had possession of the drugs. Exploring every available defense to you can help you fight your charges and protect your future.

New York Penal Code 220.06: Criminal possession of a controlled substance in the fifth degree

There are a large number of substances that fall under New York’s controlled substance laws. With the exception of marijuana, any substance that’s classified as a controlled substance in schedules one through five counts for the purposes of New York’s controlled substance laws. For example, substances such as Vicodin and Oxycontin can lead to controlled substance charges if you don’t have a valid prescription to possess the drugs.

Charges by degrees

Criminal possession of a controlled substance is actually several different degrees of criminal charges. The degrees are separated out by how much of the substance the person has in their possession. Fifth degree is not as serious as other possession charges, but it is still a class D felony. It’s punishable by up to seven years in prison under N.Y. Pen. Law § 220.06. If you’re facing a fifth degree controlled substance possession charge, it’s important to work with an NYC criminal attorney to explore all of the defenses available to you, because a class D felony can carry a mandatory minimum term in jail.

Available defenses

If you’re facing a fifth degree possession of a controlled substance charge, there are a number of common defenses available to you. In certain situations, you might have a complete defense to the charges. It’s also possible to consider alternative sentencing options such as drug court.

Knowing possession

To convict you in a court of law, law enforcement has to be able to prove is that you knew you had unlawful possession of a drug. If another person put the drugs in your backpack to try to avoid their own criminal charges, you may have a valid defense. If you thought you were holding a valid prescription for a relative, that can be a defense. Your attorney can help you explore all of the options to see if law enforcement can prove this element of the charges against you.

Unlawful search and seizure

In the United States, we have the right to live without unlawful interference from the police. That means that the police can’t just stop your vehicle and search it. They can’t just walk into your house and look for drugs, either.

Law enforcement needs to have a lawful reason to stop a moving vehicle. They can only search a vehicle in a few specific circumstances. Likewise, law enforcement generally needs either an invitation or a search warrant to look for drugs inside someone’s home. If law enforcement didn’t do their job in a legal way, the result can be a dismissal of the charges against you.

Seeking medical care

New York has a law that allows people to seek help for medical emergencies. A medical emergency can include a drug overdose. New York has decided that it’s good for people to seek help when they have medical emergencies, and they shouldn’t have to worry about whether they’re going to face possession charges if they seek medical help. That means if law enforcement found you in possession of a controlled substance while you or someone else sought help for a medical emergency, you may have complete immunity to the charges against you.

Drug court

If you agree to participate in a drug court, your attorney might be able to negotiate a reduction or a dismissal of the charges against you. Drug court is like an intense probation. If you complete all of the treatment and monitoring during your term in drug court, you can get a reduction or dismissal of the charges against you in exchange for your participation.

New York Penal Code 220.03: Criminal possession of a controlled substance in the seventh degree

Although possession of a controlled substance is one of the more common charged offenses in New York courtrooms, it’s still a very serious offense. The seriousness of the charge depends specifically on how much of the substance you possess. Criminal possession of a controlled substance in the seventh degree is the least serious of the controlled substance possession charges. Even so, criminal possession of a controlled substance in the seventh degree is a class A misdemeanor. That means that you can spend up to one year in jail and pay a $1,000 fine if you’re convicted under N.Y. Pen. Law § 220.03.

What is a controlled substance?

A controlled substance is any substance that’s listed in schedules one through five of the public health code except for marijuana. If there’s any question, it’s important that you work with your attorney to evaluate whether the substance found in your possession is actually a controlled substance. If it’s not, you might have a clear defense to the charges against you.

Possession of a controlled substance does not include marijuana under this law. Possession of marijuana is still illegal in New York. However, it’s charged under its own law with different degrees for varying amounts.

Lawful possession

One example of a controlled substance that you can possess legally with a prescription is Vicodin. If you encounter law enforcement, and they find that you have Vicodin, they might assume that you’re possessing the drug illegally. If you have a valid prescription, you can defend yourself from the charges. For this reason, it’s important and helpful to keep prescriptions in their original pharmacy bottles.

The same prescription defense can work for other types of prescription drugs that are commonly traded or sold illegally. If you have a lawful prescription for the drugs, it’s not illegal for you to possess them. It’s still illegal for you to sell the drugs or give them to other users, but a valid prescription is a good defense to a possession of a controlled substance charge.

A residual amount as part of a syringe exchange

New York law makes an important exception in the seventh-degree possession of a controlled substance law. This exception is for what the law considers a residual amount of a substance. That is, when law enforcement finds a controlled substance, they have to find more than just a trace of it on a needle. The purpose of this exception is to allow people to participate in needle exchange programs without having to worry about arrest.

Medical emergency exception

Another common exception to possession of controlled substance charges is a medical emergency. If you or someone you’re with needs emergency medical care, you’re able to seek that care without worrying about getting arrested. This is true even if the person needs help because of an overdose. If law enforcement responds to the emergency, they can’t charge you with possession of controlled substances that they find while they’re helping you with the emergency. At Spodek Law Group, our talented team of NYC criminal lawyers can help you evaluate whether the medical emergency exception is available to you.

Sentencing options

Ultimately, the penalties for a possession charge depend on the seriousness of the offense and your criminal history. You might consider alternative sentencing in a drug treatment court. If you qualify, you can participate in a special probation that’s meant to help you conquer a substance abuse issue. If you complete probation, you can receive a dismissal or a significant reduction of the charges that remain on your criminal history.


Charle Butler
Charle Butler
2021-03-12
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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
Verified
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!

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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

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