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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.

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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.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

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.

Queens Shoplifting Lawyers

Clothing, jewelry, handbags and other fashion accessories are renowned staples of the New York retail scene. Merchants of these and other goods rely on shoplifting laws and prosecutions to protect their inventory and bottom line. If you encounter charges of stealing from retailers, a queens shoplifting lawyer can shepherd you into defeating the charges or limiting the consequences for you.

What is “Shoplifting”?

In New York, shoplifting falls under the umbrella of “larceny.” As in most states, you can be convicted of larceny if you wrongfully take away or keep another’s (the store’s) property with
the intent to deprive the owner of that property. [1]
Actually getting out of the store isn’t required to constitute larceny. The prosecutor can prove your intent to deprive the owner when you hide or take anti-theft devices off the merchandise. Larceny can also happen when you switch price tags. If you know that the employee doesn’t charge you correctly, you must correct the error or else you may face conviction.
While you don’t think of it as strictly “shoplifting,” the Penal Code considers obtaining property by a “bad check” as larceny. Section 190.05 of the Penal Code says you write a “bad check” when you know you lack sufficient funds at the time you present it, you intend or believe at the time you present it that the bank will refuse it, and the bank in fact refuses it. [2] Typically, you don’t have enough in the account, you don’t have one, or you closed it.

Criminal Penalties

The punishment for larceny depends largely on the value of what you’re accused to taking. [1]
“Petit larceny” means you took something small, which means no more than $1,000 in value. It carries maximum penalties of one year in jail and a $1,000 fine.
For items between $1,001 and $3,000, the shoplifting becomes “Grand larceny in the fourth degree” and subjects you to as much as four years in prison. The maximum confinement rises to seven years for “Grand larceny in the third degree,” where the value ranges from $3,001 to $50,000. Grand larceny graduates to “second degree” thereafter and a maximum 15-year prison term for values up to $1 million.
If you somehow shoplift something worth more than $1 million, you have committed “Grand larceny in the first degree” with imprisonment lasting up to 25 years.

Civil Liability

In addition, there is a civil side to shoplifting. Retailers can bring lawsuits against shoplifters and, if the shoplifter is not older than 16 and is not emancipated, against the parents or guardian. [3] The judgment is the retail price (up to $1,500) unless the merchant gets it back a condition for selling. In addition, you face a civil penalty of the greater of $75 or five times the price of the merchandise, up to a maximum amount of $500.
The retailer can sue without a conviction or charge. Unlike the prosecutor, the shopkeeper need only prove that it was more likely than not that you (or your minor) shoplifted. This is less than “beyond a reasonable doubt” in criminal cases.
Some merchants will try to get you to pay or will allow you to negotiate, even before taking out charges or suing. New York law allows one to hold you upon a reasonable belief that you shoplifted. However, the courts may not look kindly upon demands for payment or signed confessions while they hold you. [4] Thus, don’t feel compelled to sign away rights or admit guilt right then.
Responding to a suit or threatened one doesn’t expose you to a conviction. Section 11-105(12) of the General Obligations Law provides that your testimony in a civil case, the fact that you settled or tried to settle, and anything you say in negotiations cannot be used as evidence in a criminal prosecution. [5]

Defenses

Many defenses involve the issue of whether you intended to deprive the owner of the merchandise. Since intent is an element of larceny, you don’t have to prove that you lacked larcenous intent.
By virtue of penal law Section 155.15, you can defeat a larceny by trespassory taking prosecution if you possessed a good faith belief that you were entitled to possess or take the merchandise. [6] This “claim of right” may arise, for instance, if a manager or supervisor permitted you to take the item without paying in full. Also, a belief backed with some facts that you met the sale terms may help create reasonable doubt of your intent to shoplift.
Defendants may find themselves the victims of the optics of having shoplifted. A sudden emergency or urgent smart phone call causes you to rush out of the store before paying. Unbeknownst to you, something small falls into your purse. Perhaps your toddler or young child appropriates a toy and leaves the store without paying for it. These and similar scenarios suggest you didn’t intent to unlawfully take the merchandise.
Back to the bad check theory of larceny. You may defend based on the good faith belief that you had enough money in the account to cover the check. Through a bank error, your check was not deposited correctly. Math errors may lead you to a belief your account had enough. Identify or card thieves have raided your funds and you don’t discover it until later, even after you’re charged with larceny.
As a general rule, don’t count on returning the property or payment after being charged for a dismissal or not guilty verdict. However, these gestures might mitigate your sentence.
Talk to one of our shoplifting attorneys about defending or lessening the impact of a shoplifting charge.

References

[1] http://statelaws.findlaw.com/new-york-law/new-york-shoplifting-laws.html
[2] http://www.nycourts.gov/judges/cji/2-PenalLaw/190/art190hp.shtml
[3] http://codes.findlaw.com/ny/general-obligations-law/gob-sect-11-105.html
[4] http://law.justia.com/cases/new-york/other-courts/2016/2016-ny-slip-op-26224.html
[5] http://codes.findlaw.com/ny/general-obligations-law/gob-sect-11-105.html
[6] http://codes.findlaw.com/ny/penal-law/pen-sect-155-15.html

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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...

~Fonder Brandon

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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 feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

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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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