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

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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.

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NYC Heroin Possession & Trafficking Lawyers

By Spodek Law Group | November 12, 2016
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:20 pm

The Burden of Proof in Heroin Possession and Trafficking Cases

In any criminal case in New York, the prosecution must meet its burden of proof beyond a reasonable doubt. Each offense has its own elements of proof, and the prosecution must prove each and every one of those elements. If it fails to do so, the case fails in its entirety. In the context of proving a defendant guilty of possession of heroin, the prosecutor is required to prove the following elements:

Elements of Heroin Possession

  1. The defendant possessed a substance containing heroin.
  2. He or she knowingly possessed it.
  3. The possession was unlawful.

The defendant need not be in actual physical possession of heroin; constructive possession is sufficient for a conviction. To prove constructive possession, the prosecutor only needs to show that the defendant had control over the person or place where the heroin was found.

Severity of Charges

Heroin possession charges in New York can range from an A-1 felony, which carries a sentence of up to life in prison with a minimum of eight to 20 years to be served, to a misdemeanor with a maximum sentence of one year in a county jail.

Heroin Trafficking and Weight

Heroin trafficking in New York can be charged even on a smaller scale, involving manufacturing, transporting, selling, or distributing the narcotic. The key determinant is the weight of the heroin involved. If a person is found with a designated amount of heroin, they can be charged with trafficking. A second conviction carries up to 24 years in prison.

Elements of Heroin Trafficking

To prove a person guilty of heroin trafficking, the prosecution must show the following elements:

  1. The defendant knowingly possessed a substance containing heroin.
  2. The substance was equal to or greater than the amount for trafficking.
  3. Possession of the substance was unlawful.

Whether the defendant was selling, transporting, or distributing the heroin is irrelevant as long as they possessed the requisite amount under the trafficking statute.

Federal Penalties

On the federal level, the elements of possession of heroin with intent to deliver are easier for the prosecution to prove, leading to simple possession of even a small amount of the narcotic being charged as possession with intent to distribute. Federal law punishes simple possession of any amount of heroin with a year of jail time and a minimum fine of $1,000. For trafficking at the lowest level, federal sentencing guidelines call for a minimum sentence of up to 20 years in prison and a fine not to exceed $1 million.

If you’ve been charged with a crime involving the possession or trafficking of heroin, the legal consequences can be severe and have lifelong implications. It is crucial to have the right legal representation to exercise available alternatives. With over 30 years of both state and federal drug law experience, our firm can help you navigate through these challenges. Our expertise and knowledge can make a significant difference in your case.

If you are facing drug charges, exercise your right to remain silent and to an attorney immediately. Contact us at our law firm for a free consultation and case evaluation at any one of our three offices. With former federal prosecutors on our team, we understand successful prosecutions and defenses, and we are dedicated to protecting your rights and pursuing the best outcome for your case.

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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...

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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, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

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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...

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