Do I have to attend the hearing?.
Respondents facing a criminal investigation ask whether they can simply not turn up. They can, and it is almost never the right choice - because attendance and testimony are separable.
Nothing compels you.
An institution cannot require attendance at a hearing or answers to questions, and the presumption of non-responsibility formally survives non-participation. What it cannot do is stop the hearing. The panel proceeds on the record before it, which in a case where the respondent has not engaged is substantially the complainant’s account and the investigative report built around it.
What non-attendance actually costs.
Cross-examination. The single adversarial mechanism the rule provides operates through your advisor at the live hearing, and it is unavailable if the hearing is not engaged. That means the complainant’s account goes untested, inconsistencies are never put, and the documentary record you assembled is never used to confront anyone with it. That is a large price for a protection you can obtain another way.
The posture that works.
Attend with your advisor. Let the advisor conduct a full cross-examination. Where a criminal matter makes testimony dangerous, decline to answer questions once, courteously, and proceed. You lose nothing procedurally by that combination, and you keep the mechanism that tests the case against you.
And the written channel.
Argument is not testimony. The evidence response, the report response, and any closing submission are all analysis of an existing record - they create no new account of events and give a prosecutor nothing. For a respondent who is not testifying, those documents are where the defense actually gets made, and they should be longer and better than they would otherwise have been.
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.
