Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

What Is A New York Preliminary Hearing

By Spodek Law Group | February 13, 2023

What is a New York Preliminary Hearing and How Does It Work?

The COVID-19 pandemic has made an impact on the legal system, especially with regard to Grand Juries. In New York state courts, Preliminary Hearings have once again become an important part of the process. At Spodek Law Group, we understand the importance of this legal process, and our attorney Todd Spodek is here to help guide you through it.

The Role of Grand Juries and Bail

In the past, when an individual was charged with a felony, the matter was adjourned for Grand Jury action. Under New York State Law, a Grand Jury is required to hear evidence presented by the prosecutor to determine whether there is enough evidence to charge someone with a crime. Bail would be set at the arraignment, and if the prosecutor didn’t obtain an indictment from the Grand Jury within 120 hours of the arraignment, the individual charged with the felony would be released.

If an individual was released at the arraignment under non-monetary conditions, they would still face a Grand Jury hearing, but prosecutors would have more time to present the case. The lack of available Grand Juries due to COVID-19 has led to the need for Preliminary Hearings.

The Function of New York Preliminary Hearings

Although Preliminary Hearings don’t replace the function of Grand Juries, they serve as a way for the judge to determine whether an individual’s bail from the arraignment needs to be reduced or eliminated entirely. The hearing is typically conducted through video conferencing, and the prosecutor calls witnesses to establish that there is reasonable cause to believe that an individual committed a felony. After the prosecutor presents the case, the defense has an opportunity to call witnesses as well.

Conducting a New York Preliminary Hearing

The New York Preliminary Hearing is conducted by a judge, who must determine if there is probable cause to believe that an individual committed a felony offense. If someone is charged with multiple felonies or has multiple felony cases, the judge only needs to determine that a single felony was committed to keep the bail in place. The prosecutor has discretion over the evidence presented at the hearing and which felony charge they seek to establish.

When is a New York Preliminary Hearing Conducted?

A Preliminary Hearing is conducted within 120 hours (5 days) of the arraignment. In some situations, the defense counsel can adjourn the hearing to a later date for strategic reasons.

At Spodek Law Group, we understand the complexity of the New York legal system and are here to help guide you through the process. With our attorney Todd Spodek by your side, you can rest assured that you have an experienced legal professional on your side who is committed to helping you navigate this challenging time.

How Long Does a New York Preliminary Hearing Last?

Preliminary hearings may seem short, but they are crucial parts of the legal process that can last between 1.5 to 2 hours. To ensure that the hearing proceeds within the given time frame, the Court often asks both parties to waive their opening and closing statements. Before the hearing begins, the defense counsel typically receives around 30 minutes to confer with their client. They are also given a break after the Government presents their evidence to confer with their client about whether they want to testify.

Does the Defendant Have the Right to Be Present During a New York Preliminary Hearing?

Defendants have a legal right to be present at their preliminary hearing, but there are exceptions. If the identification of the perpetrator is in question, the attorney may waive the client’s appearance to avoid a suggestive identification procedure by the complainant that may cause harm to the client’s case.

When Does the Judge Make a Decision?

The Judge decides whether there is probable cause that the individual committed a felony right after both sides rest. In most cases, the Judge requires waiving of the opening and closing statements due to time constraints. After the preliminary hearing, the Judge will either keep the bail the same if the prosecutor proves probable cause or lower the bail (in some cases down to $0) if the prosecutor fails to meet their burden of proof. The matter is then adjourned for Grand Jury Action.

What Happens After the Preliminary Hearing?

It is important to note that the Judge’s role in the preliminary hearing is to determine whether there is probable cause to believe that the individual committed a felony. The Judge does not replace the Grand Jury’s function in terms of issuing an indictment. After the preliminary hearing, the matter is adjourned to a later date for Grand Jury Action, where the Grand Jury determines whether the prosecutor can proceed with a criminal indictment.

Contact Top Rated New York Criminal Defense Attorneys

If you or your loved one is charged with a felony offense and you need an experienced criminal defense attorney to represent you at the preliminary hearing, the Spodek Law Group, led by Attorney Todd Spodek, is here to help. With a track record of success and a vast amount of experience handling a range of criminal cases, we are ready to provide you with the legal support and representation you need. Contact us today to schedule your consultation.

Preliminary Hearings for Felony Charges in New York

If you or someone you know has been arrested on felony charges in New York, it’s important to understand what a preliminary hearing is and how it can impact your case. A preliminary hearing, sometimes called a PH or a felony hearing, is the first opportunity for a defendant to be heard in front of a judge after being charged with a felony. At Spodek Law Group, our attorney Todd Spodek has years of experience representing clients in PHs and can help you navigate this complex legal process.

What is a Preliminary Hearing?

A preliminary hearing is a crucial step in the legal process that takes place within 120 hours of the time of the defendant’s arrest, or 144 hours if a weekend falls within that time frame. During the PH, a judge will listen to evidence presented by the prosecution and defense to determine if there is enough evidence to hold the defendant for action by the grand jury. The judge will decide if there is reasonable cause to believe that the defendant committed a felony, regardless of the specific charges filed.

If the judge finds that there is reasonable cause, the defendant will not necessarily be incarcerated. Instead, the judge can set bail or utilize Pre-Trial Services to monitor the defendant’s activities after their release. However, if the prosecution indicts the case within the time frame, the defendant will lose their right to a PH.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


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


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


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


get directions


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


get directions
Call Now!