Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
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.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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.
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.
Last Updated on: 20th October 2023, 09:58 am
Trying to understand federal habeas corpus relief can be super confusing and complicated for folks without a law degree. This article aims to break it down in simple terms so regular people can get the gist of what federal habeas corpus is, when you can file a petition, and how to go about doing it if you think you might have a case.
Habeas corpus is Latin for “you have the body,” and it’s a legal action that prisoners can take if they believe they are being held in custody illegally. The first thing to know is that habeas corpus petitions usually challenge state court convictions in federal court. So if you were convicted in a state court and think your conviction or sentence violates federal law somehow, habeas corpus allows you to bring that challenge into the federal court system.
The specific federal law that gives federal courts the power to grant habeas corpus relief is 28 U.S.C. §2254. This law allows state prisoners to file habeas petitions in federal district courts to challenge their conviction or sentence for being in violation of the U.S. Constitution, federal laws, or treaties of the United States.
Some key things habeas corpus can be used for:
The most common claims in habeas petitions are:
So in summary, federal habeas corpus allows state prisoners to have their conviction or sentence reviewed in federal court if they think the state court messed up and violated federal law or the Constitution somehow. It’s basically a chance to get a do-over in federal court if you think the state court got it wrong.
There are strict deadlines and procedures for filing habeas corpus petitions in federal court. The Antiterrorism and Effective Death Penalty Act (AEDPA) passed in 1996 created a 1-year statute of limitations for filing habeas petitions. This means you only have 1 year to file the petition, and the clock starts ticking from the latest of:
There are some circumstances where you can get the deadline extended, like if you show you’re actually innocent or the state prevented you from learning facts to support your claim. But for the most part, if 1 year passes from when your conviction became final, you lose the right to file a habeas petition.
Exhausting state remedies is also required before filing. This means you have to first pursue appeals and post-conviction relief in the state courts before a federal court will consider your habeas petition. The state courts have to have a fair chance to review your claims before you can bring those claims into federal court.
There are also limits on filing successive habeas petitions – meaning if your first petition is denied, you can’t just turn around and file a new one right away. There has to be a good reason before a court will let you file a second or successive petition.
Bottom line, it’s really important to talk to a lawyer knowledgeable about federal habeas rules if you want to file a petition. The deadlines and procedures are tricky, and you only get one shot in most cases. A lawyer can help make sure you file on time, exhaust state remedies, and include all your claims in the first petition.
If you decide to file a pro se habeas petition (without a lawyer), here are the basic steps:
As you can see, filing a habeas petition involves many steps and deadlines. Having a lawyer assist you can be extremely valuable, as they will know all the procedural rules. But if you can’t get a lawyer or proceed pro se, make sure to learn the court’s local rules, get the right forms, and carefully follow all the steps required.
Some key tips for drafting your habeas petition:
Habeas petitions are meant to be a safeguard against unconstitutional convictions and sentences. But they are not easy to win, so having compelling facts to prove a constitutional violation is key. Understanding the complex procedures involved is also critical to getting a petition successfully filed and heard.
After a federal habeas petition is filed, a few things could happen:
Statistics show that most habeas petitions fail and relief is granted in less than 1% of cases. But federal habeas corpus still acts as an important safeguard against unlawful imprisonment. With strong evidence of a constitutional violation, relief may be obtained in the most egregious cases.
If your petition is dismissed or denied, you can request a Certificate of Appealability from the district judge or circuit court of appeals to appeal the decision. But getting a certificate is hard, as you have to show that reasonable jurists would disagree on the merits of your claims. Without the certificate, you can’t appeal.
The road to habeas relief is challenging. But the petition process allows prisoners to exercise their rights and bring constitutional claims before a federal judge. Understanding the procedures and having a lawyer are key to making the most of this opportunity.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.