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Nationwide Legal Representation

We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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Excellent results begins with top notch service. We treat you like family, and you always know what's going on with your criminal defense case.

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When you hire our law firm, you work directly with a senior criminal defense attorney only. This ensures the best results possible.

Who We Are

We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.

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Top Rated Attorneys

The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.


Sentencing For Federal Drug Crimes In New York

NYC Federal Drug Crimes Lawyers

Drug Schedules

There are five schedules of drugs subject to control under the federal law. The schedules are designated I, II, III, IV and V, respectively. The law provides different penalties and regulatory provisions, depending in part upon the schedule in which a drug is listed. The tightest controls and most severe penalties are imposed for offenses involving drugs listed in Schedules I or II. The Act contains an initial listing of drugs for each schedule.

Schedule I Includes Heroin, Marijuana, LSD, Mescaline, and Peyote

The statutory criteria for the inclusion of drugs in Schedule I are:

  • a high potential for abuse; and
  • absence of any currently accepted medical use; and
  • lack of safety even under medical supervision.

Of the drugs listed in Schedule I, heroin, marijuana, LSD, mescaline, peyote and psilocybin are the most commonly used in federal drug prosecutions.

 Schedule II Includes Opium, Cocaine, Methadone, and Amphetamine

The statutory criterian4 for the inclusion of drugs in Schedule II are:

  • a high potential for abuse;
  • a currently accepted medical use in the United States; or
  • a currently accepted medical use with severe restrictions; and
  • a potential for severe psychological or physical dependence.

The initial listing of Schedule II drugs included opium, cocaine, and methadone, as well as many other substances. Methamphetamine and amphetamine were added to Schedule II by federal regulation.

Schedule III Includes Nalorphine

The statutory criterian6 for including drugs in Schedule III are:

  • a potential for abuse less than that of drugs in Schedule I and Schedule II; and
  • a currently accepted medical use in the United States; and
  • a potential to create moderate or low physical dependence or high psychological dependence.

Anabolic steroids and lysergic acid are among the controlled substances within this Schedule.

 Schedule IV Includes Meprobamate, Barbital, Chloral Hydrate, and Paraldehyde

The statutory criterian7 for including drugs in Schedule IV are:

  • a low potential for abuse relative to the drugs in Schedule III; and
  • a currently accepted use in medical treatment in the United States; and
  • a potential to create limited physical or psychological dependence relative to the drugs in Schedule III.

Among the drugs listed in Schedule IV, the most familiar are: meprobamate, a well-known tranquilizer; barbital, a member of the barbiturate class; chloral hydrate, known as knock out drops when mixed with alcohol; and paraldehyde. For the most part, drugs included in Schedule IV are either hypnotics (drugs which induce sleep) or sedatives (drugs which relieve anxiety).

Schedule V Includes Codeine Combined with Small Amounts of Other Ingredients

The criteria for the inclusion of drugs in Schedule V are:

  • a low potential for abuse relative to the drugs in Schedule IV; and
  • a currently accepted medical use in treatment in the United States; and
  • a potential for limited physical dependence or psychological dependence relative to the drugs in Schedule IV.

The drugs listed in Schedule V are compounds containing small quantities of certain narcotic drugs such as codeine combined with non-narcotic medicinal ingredients. To be included in Schedule V, the preparation must include at least one non-narcotic active medicinal ingredient in such proportion as to confer upon the preparation valuable medicinal qualities other than those possessed by the narcotic drug alone.

Federal Sentencing Guidelines

Federal criminal justice system is completely different from the state criminal justice system. That is especially true when it comes to sentencing issues. Some of the most commonly prosecuted crimes in federal courts are drug crimes.

One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines.

The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. Serious changes occurred by the adoption of newly defined federal drug crimes and totally new sentencing provisions.

Most of the revised sentencing provisions of the comprehensive Drug Abuse and Control Act provided broad ranges within which sentences could be imposed, including, for many offenses, specified mandatory minimum sentences. Beyond the specified mandatory minimums, federal sentencing is driven and controlled almost entirely by the Federal Sentencing Guidelines.

The Sentencing Guidelines became discretionary, although a significant factor in the federal sentencing process, the United State Supreme Court ruled that they are no longer mandatory in United States v. Booker.

The Booker case made the Guidelines advisory but they still have a huge impact on the sentencing process. Judges are obligated to calculate the proper Guidelines recommended sentence and use that as one of numerous sentencing considerations. Therefore, important factors that can lower the Guidelines calculation in effect provides a lower starting point for the ultimate sentencing determination.

The cooperation with the government is absolutely critical when it comes to determining the sentence. Before Booker, in order for the judge to even consider depart from the Guidelines based on the defendant’s cooperation, the Government needed to file a Motion asking the judge to do so. After Booker, it’s no loner necessary. The Government may file such a Motion or the defense may simply ask the judge to consider cooperation as grounds for a lower sentence. In some cases, cooperation may even permit a judge to sentence the defendant below a mandatory minimum.

The issue of cooperation is one of the most important issues in a federal criminal case. While some defendants may not be willing to cooperate and have no interest in pleading guilty, for others it is the only optimal option. Cooperation is not for everyone. A person who is not guilty should not be pleading guilty and cooperating with the government. Still, cooperation must be seriously discussed with your defense attorney as early as possible in the case. In most federal drug cases, by the time the arrest is made, the federal prosecutors have accumulated high volumes of evidence, including undercover purchases, video surveillance, phone taps, and other types of evidence. Therefore, the question of cooperation should be brought up and seriously discussed.

The truth is that the federal drug cases usually have multiple defendants and those who cooperate first get the greatest sentencing reduction. How exactly this works depends on which district hears the case and the particular judges. However, considering the draconian sentencing practices under the mandatory sentencing and guideline sentencing provisions, it is very important for the defendant to consider cooperation.

Quantity of Controlled Substance

Although the Guidelines for drugs largely emphasize the quantity of the controlled substance, an individual defendant may be liable for a smaller quantity than that proved for the entire conspiracy. This is known as the principle of ”foreseeability”. This means that the court must determine what amount of drugs was reasonably foreseeable by the particular defendant, based upon his involvement in the particular conspiracy.

Pleading Guilty

A defendant may have points deducted from his Guidelines calculation based upon pleading guilty early in the stages of prosecution.

Defendant Has Minimal Criminal History and Crime Was Non-Violent

A judge may sentence below the statutory mandatory minimum, but still pursuant to the Guidelines, where the defendant has a minimal prior criminal history; the offense did not involve weapons, violence, or threats of violence; the defendant was not a leader, organizer, manager or supervisor of others in the offense; and the defendant has disclosed to the government all he/she knew about the crime and related crimes no later than the time of sentencing.

 There are many criminal defense attorneys but not all of them are well equipped to represent clients in federal cases. A lawyer must have a very good knowledge of federal sentencing law in order to be provide the competent and effective representation of clients in a federal drug prosecution.

Charle Butler
Charle Butler
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
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
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
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
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
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.
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
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!



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.

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
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