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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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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.

How to Challenge a Federal Criminal Conviction

Federal Courts and Their Role in the Legal System

Federal courts are places where lawyers argue on behalf of clients charged with a felony offense. The federal court system only hears felony cases, which relate to offenses against the federal government’s powers, agents, or agencies. These federal cases are heard by a federal judge who has the authority to convict the defendant of the felony crime. The sentencing penalties and fines tend to be stricter than the ones given for offenses heard in state courts.

Appealing a Conviction

Once a conviction is reached, the defendant might think that is the end of the proceedings. However, there is an appeal process in place for defendants who want their defense lawyers to argue that it was a wrongful conviction. After the court reaches a decision in the case, there is a process of going through the appellate court system. This federal judicial system functions as an independent institution of power. This happened through the allocation of powers to different branches, and the federal judiciary operates as a manifestation of this concept of separate powers.

Federal Criminal Court and Separation of Powers

The judicial branch of the U.S. legal system functions according to the doctrine of separation of powers. This codifies the three separate branches of government as legislative, judicial, and executive. The judicial branch is charged with the interpretation of the law.

Corporate influence within the judicial branch in particular accelerated after the infamous Powell memo of 1971. Since that time, the composition of the federal judiciary has morphed according to the impact of corporate influence on the interpretation of federal laws. The appellate court system is part of the federal judiciary, so the influences on the first tend to impact the second.

Filing a Notice to Appeal in Federal Courts

The federal courts only hear cases that affect federal agents, agencies, or authorities given exclusively to the federal government. This includes issues like counterfeiting money, treason, drugs, weapons, disputes between states, interstate commerce, and maritime law. Once the judicial branch reaches a decision on a case, there is an appeals court that enables the defendant to challenge the decision.

The process begins when the attorney files a notice to appeal within 10 days. The notice of appeal is filed by the court clerk. There is an exception called excusable neglect; this extends the window to file the notice of appeal to 30 days. The motion for a late appeal can be denied by the court; this denial can also be appealed.

After the notice of appeal is filed, the attorney must gather as much convincing evidence as possible to support the argument that will be made in the appellate brief. There are several parts involved in crafting a winning brief. This document is a written argument made by the lawyer on behalf of the client.

The argument details why the court made an error in its judgment; it attempts to convince the court to reverse the decision. This is the basis for overturning a conviction on the basis of a legal procedure that was violated or a right that was infringed during the court procedures. This brief must only refer to documents, statements, and evidence that have already been presented in the case. No new evidence is allowed in the appellate brief.

Prosecutor’s Appellate Brief Response

The federal prosecutor responds to the appellate brief by filing an answering brief. This brief will typically argue the reason for the conviction and recommend that the decision be upheld. The law tends to favor the party that prevailed in court; in most cases, this is the federal prosecutor. The answering brief will also be restricted to the evidence, statements, and documents that were already presented in the original court hearing.

Once the answering brief is filed by the federal prosecutor, a date for oral arguments is set. The appellate court judge will hear the oral arguments of both sides. The defendant is not present during this part of the process. However, many cases are decided on the merits of the written briefs; this is the reason so much emphasis is given to the written and persuasive narrative skills of appellate lawyers.

To appeal a case successfully, the written brief must convince the judge of the merits of the argument to the extent that a decision will override the federal prosecutor’s statements within the answering brief. The law gives the criminal defendant the right to appeal after a decision to convict.

If there is a plea bargain, the federal prosecutor might insist on the defendant waiving this right to appeal as a condition of acceptance. This process can be incredibly adversarial, so having an experienced criminal defense lawyer involved is absolutely necessary in order to have fair representation in the court system; this includes the appellate court’s process to appeal of the conviction.

Citations:

[1] US Courts – Separation of Powers in Action [2] US Courts – Court Role and Structure [3] Nolo – Appealing a Conviction

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

~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...

~George Cherubini

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