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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.

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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek


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.

What Happens To My Criminal Case If The Victim Recants

What Happens To My Criminal Case If The Victim Recants

Being charged with a crime is scary. It’s even more confusing and stressful when the person who accused you changes their story. If the alleged victim takes back their statement, it can really impact your case. So what actually happens if the victim says they lied or made a mistake? Will the charges just go away? Unfortunately, it’s not always so simple.

Why Might A Victim Recant Their Statement?

There’s a few common reasons why an alleged victim might recant their original statement to the police:

  • They lied or exaggerated in the first place, for whatever reason
  • They feel guilty or bad about getting the defendant in trouble
  • The defendant apologized, so they want to drop the charges
  • They’re scared of retaliation or more abuse from the defendant
  • Someone threatened or pressured them to change their story
  • They don’t want to deal with the hassle of going to trial

Only the victim knows why they really changed their mind. But for the legal system, the reason doesn’t always matter.

Can The Charges Still Go Forward?

Yes, even if the victim says they lied or takes back their statement, the prosecutor can sometimes still pursue the criminal charges. Here’s why:

  • The original statement to police is still evidence. The victim changing their story later doesn’t erase their first account.
  • Police and prosecutors have a duty to uphold the law and protect the public, no matter what the victim wants.
  • There may be other evidence beyond the victim’s statement – witnesses, videos, documents, etc.

However, without the victim’s cooperation, it becomes much harder for the prosecution to prove their case beyond a reasonable doubt. The credibility of the remaining evidence will be questioned.

What Factors Are Considered?

When deciding whether to keep prosecuting after the victim recants, some factors the prosecutor looks at include:

  • Is there evidence like injuries, damage, or disruption that backs up the original statement?
  • Are there eyewitnesses besides the victim?
  • Is there physical evidence like DNA, fingerprints, weapons?
  • Are there documents, texts, emails, or posts that corroborate the allegations?
  • Does the defendant have a criminal record or history of similar acts?

The stronger the remaining evidence is, the more likely the prosecutor will move forward even without the victim’s cooperation. But in many cases, the victim’s testimony is essential, so recanting can really hurt the prosecution’s case.

What About Domestic Violence Cases?

Domestic violence cases have some unique dynamics when a victim recants:

  • Victims often feel pressure to protect their partner or preserve the relationship
  • Abusers frequently threaten or intimidate victims from testifying
  • There may be financial dependence making victims reluctant to cooperate
  • The cycle of violence causes victims to minimize abuse or take blame

Prosecutors tend to be aggressive pursuing domestic violence charges even without the victim’s cooperation. Recanting statements are common due to the complex psychology of abusive relationships. Police are also trained to spot signs of intimidation or coercion.

What Could Happen At Trial?

If the prosecutor goes ahead with trial despite the victim recanting, a few things could happen:

  • The victim might be subpoenaed to testify but could keep refusing to cooperate on the stand
  • The original statement to police may be allowed as evidence, but the recanting can also be introduced to raise doubts
  • Other evidence will be relied on more heavily, subject to scrutiny about credibility
  • The defense will highlight the victim’s recanting to weaken the prosecution’s case

While getting a conviction is harder without the victim’s testimony, it’s not impossible if there’s strong remaining evidence. But recanting often destroys the credibility of the charges.

What About False Accusations?

If a victim admits they totally fabricated the accusations or lied in their original statement, the defendant could have a claim of malicious prosecution. However, recanting itself doesn’t always mean the first statement was false. The recantation could be the lie.

Prosecutors have to be careful when victims recant, especially in domestic violence cases. Some are false accusations, but many real victims recant out of fear, manipulation, or misguided protection of their abuser.

Should I Talk To A Defense Attorney?

If you’re facing criminal charges and the alleged victim has recanted their statement, talk to a defense lawyer right away. An experienced attorney can review the prosecution’s remaining evidence and build the strongest defense. This may involve discrediting the original statement, highlighting inconsistencies, and raising reasonable doubt about your guilt.

While a recanting victim seems like good news, the case could still move forward. An attorney can advise you of your options and legal rights. Don’t wait to seek help fighting the charges.

Can The Victim Face Charges For Recanting?

It’s possible but not automatic. If the police had the alleged victim sign an affidavit consistent with their original statement, and then they recant, law enforcement may seek criminal charges against them for false reporting.

However, recanting itself doesn’t always mean the first statement was a lie. There could be valid reasons for the change in story. Prosecutors have to determine if clear evidence shows the original statement was intentionally false, not just recanted.

What If I Already Pled Guilty?

If you already pled guilty or no contest based on the original victim statement, it becomes very difficult to undo your conviction if they later recant. You would have to file a post-conviction appeal arguing your plea was coerced or unintelligent based on flawed evidence. Your lawyer would have to show the recantation proves actual innocence. This is a heavy legal burden, so don’t count on the recantation itself getting your plea overturned.

In Summary:

  • Victims may recant for many reasons, but it doesn’t always kill the criminal case
  • Prosecutors look at the remaining evidence to decide whether to keep pursuing charges
  • Recanting happens a lot in domestic violence cases due to psychology of abuse
  • The trial can still go forward, but recanting hurts credibility and raises doubts
  • False accusations are possible but recanting doesn’t automatically mean the victim lied
  • Talk to a defense lawyer right away for help responding to a victim recantation

The victim changing their story doesn’t guarantee the charges will be dropped. But skilled defense counsel can use a recantation to possibly get charges dismissed or raise reasonable doubt of guilt at trial. Don’t wait to get legal advice.

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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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