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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.

Our Mission

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

We Work for You

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

Who We Are

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 Law 179.10: Criminal diversion of medical marijuana in the first degree

New York Penal Law 179.10: Criminal diversion of medical marijuana in the first degree is a class E felony charge. This charge relates to several offenses, with the shared commonality that a medical marijuana certificate was issued to an individual who does not qualify to receive one or that medical marijuana was transferred to an individual not qualified to use it.

This charge is leveled against a medical practitioner. Under New York Public Health Law 3360, such a practitioner is defined as a physician who has completed the required coursework for the position and is both licensed in the state of New York and qualified to treat serious medical conditions. Under New York penal law 179.10, it must be proven that such a practitioner issued a medical marijuana certificate to an individual knowing that it would not be used to treat a serious medical condition or that the patient did not have a need for the certificate.

Criminal diversion of medical marijuana in the first degree has several related offenses. New York Penal Law 179.11 is Criminal diversion of medical marijuana in the second degree. Also, New York Penal Law 179.15 deals with Criminal retention of medical marijuana.

Example of Criminal diversion of medical marijuana in the first degree

Many medical practitioners are also supporters of marijuana for recreational purposes. It is also possible that many of these physicians use marijuana recreationally. If one such physician was to eventually treat patients with severe medical conditions, such as terminal cancer, chronic pain, or PTSD, they would be in the position to issue medical marijuana certificates to these patients. Being that this physician is also a supporter of recreational marijuana use, they may also issue such certificates to patients who they know with good faith are not eligible to receive the certificate in the state of New York. Such a doctor may see many patients who come to him solely for the false approval of their medical marijuana certificate, even if they are not in serious pain or facing a terminal disease. Under New York Penal Law 179.10, this practitioner is in violation of their medical authority and could be arrested and convicted of Criminal diversion of medical marijuana in the first degree.

Defenses

There are several possible defenses to Criminal diversion of medical marijuana in the first degree and a NYC criminal attorney would best assist in providing the best course of action. The statute of criminal diversion is not applicable to several persons. The first of which is a medical practitioner who issued a certificate in good faith under the correct view that the person receiving the certificate would use it for treatment of a medical condition. This, of course, is a lawful use of the practitioner’s New York medical license. Also, a pharmacist who operates a lawful pharmacy is immune to New York Penal Law 179.10. Lastly, a person who seeks legitimate treatment for a medical condition that requires marijuana is immune, as is the person who assists such a person in the obtaining of their marijuana for medicinal uses.

Sentence

Criminal diversion of medical marijuana in the first degree is a class E felony. As such, being convicted with New York Penal Law 179.10 carries a maximum prison term of four years. A conviction also carries a possible five-year maximum probation and a fine. There may also be additional consequences related to one’s medical license unrelated to the court system.

New York Penal Law 179.11: Criminal diversion of medical marijuana in the second degree

Although there are statutes involving the sale of prescription medications and medical devices, the New York Penal Code also has a separate statue regarding the criminal diversion of medical marijuana. As per this statute, it is illegal for a person to issue a medical marijuana certificate to someone who does not meet the prerequisites for one. This statute also makes it illegal for a person to give medical marijuana to someone who is not qualified to receive it. Although there are several degrees of offenses related to the criminal diversion of medical marijuana, a second degree offense specifically refers to a person who knowingly sells or provides medical marijuana to someone who is not qualified to receive it.

Examples of Criminal Diversion of Medical Marijuana in the Second Degree

If someone is certified to use and access medical marijuana, and then uses that certification to knowingly supply marijuana to others without a certification, then they could be charged with criminal diversion of medical marijuana in the second degree. For instance, if someone sells their excess medical marijuana to a friend who isn’t certified to use it, then they could eventually be charged under the statute.

While there are other situations in which a person could be charged with criminal diversion of medical marijuana, the second degree offense is only brought against people who knowingly sold medical marijuana to those who were not legally authorized to have access to it.

Defending Against Criminal Diversion of Medical Marijuana in the Second Degree

There are several ways to defend against a second degree charge of criminal diversion of medical marijuana. Depending on the circumstances around a specific case, a NYC criminal lawyer can select the most appropriate defense.

The first main defense is to prove that the defendant was an authorized practitioner who issued a medical marijuana certification in good faith. Similarly, a person acting in their capacity as a pharmacist can also argue against the charges.

Aside from these defenses, another common argument is that a person was only seeking medical marijuana in order to treat a condition, or they were trying to access medical marijuana for someone else who was suffering from a condition. In these cases, getting access to medical marijuana without a certification can potentially be justified.

Sentencing for Criminal Diversion of Medical Marijuana in the Second Degree

Criminal diversion of medical marijuana in the second degree is considered to be a class B misdemeanor. This means that a person found guilty of the charges could be sentenced to up to 90 days in jail. Aside from possible jail time, a person convicted of criminal diversion of medical marijuana in the second degree could also face up to one year of probation, as well as be forced to pay a sizeable fine.

Although criminal diversion of medical marijuana in the second degree is only a misdemeanor, that does not mean it does not have potentially serious consequences. A person who is convicted of criminal diversion of medical marijuana in the second degree can still face jail time and fines, so it’s important that anyone facing these charges contact a knowledgeable legal representative to take on their case. Luckily, these charges are not impossible to overcome. In fact, there are several viable defenses that can be prepared to combat 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!

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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

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.

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