When a campus allegation becomes a criminal charge.
When a campus sexual misconduct allegation also generates a police report, the student faces two proceedings with radically different burdens. The campus case asks whether the conduct more likely than not violated policy. The criminal case asks whether the elements of an offense can be proven beyond a reasonable doubt. Both are real, and they interact.
The charging decision.
Prosecutors weigh a familiar set of considerations: the complainant’s willingness to participate, the availability of corroboration independent of either account, forensic findings, capacity evidence where incapacitation is alleged, and the timing of the initial report. Of everything on that list, only one item is created by the respondent - the statement given during the campus process, obtained later by subpoena. It is frequently the most useful evidence the prosecution has, and it is entirely avoidable.
What forensic evidence establishes, and what it does not.
A sexual assault forensic examination documents physical findings and collects samples. It can establish contact and identity. It very rarely establishes whether contact was consensual, which is the disputed issue in most campus cases. Reports are frequently over-read by everyone involved, and reading the actual document rather than a summary of it is standard work in these matters.
Capacity, and the behavioural record.
Where the allegation is incapacitation, the fight is behavioural rather than chemical. Intoxication and incapacitation are different states, and the evidence that separates them is what a person actually did in the relevant window - messages composed, rides ordered, doors unlocked, conversations held, decisions made. That record exists on devices and in platform logs, and it degrades quickly.
Why the two outcomes routinely diverge.
Students are expelled on facts a prosecutor declines to charge, and students are charged after being cleared on campus. Neither is a contradiction: the standards are separated by an enormous evidentiary gap, and the decision-makers are answering different questions. A declination letter does not end the campus matter, and a campus dismissal does not end the criminal exposure.
How we run the defense.
One team across both, sequenced deliberately. Preservation and forensic work start in week one, because device and platform evidence decays. The campus record is built narrowly and in writing, with the criminal exposure priced into every filing. We obtain the school’s file and the Clery materials, because they cut in both directions. And where a prosecutor is still deciding, we address that decision directly rather than waiting to be charged.
Why you should call us.
If you are scrolling through search results trying to find someone to defend you, your search is over. You have found Spodek Law Group P.C. - and we are not your average defense firm. We know a thing or two about defending the accused in campus cases - and in the criminal courts that run alongside them. Over 50 years of combined experience, some of the toughest cases in the country, and we have come out on top. We have seen it all, and we empathise with you. We understand how frightening this is, and we have a legal team who can fight and win.
Unlike other attorneys who care about their reputation with the administrators and the prosecutors, our only goal is getting you the best outcome. We owe loyalty to only you. Our lawyers listen to you, your fears, and your goals. We care about your story, and that is where the work begins - by understanding and listening to you.
On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
