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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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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.

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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.

What Is the Burden of Proof in a Criminal Case?

In criminal cases in the United States, defendants (people accused of committing crimes) enjoy the presumption of innocence, which means they are legally considered innocent until a state or federal prosecutor proves their guilt “beyond a reasonable doubt.” This obligation is known as the burden of proof.
This sounds pretty straightforward, but like so many things in the legal field, the burden of proof can get rather tricky. The terms “proof beyond a reasonable doubt,” “clear and convincing evidence” and “preponderance of the evidence” are all standards of proof.

What does standard of proof mean?

It may help to think of standard of proof as a hierarchy. Certain circumstances require a more stringent standard of proof than others. There are three main standards of proof:

  • 1. Proof beyond a reasonable doubt
  • 2. Clear and convincing evidence
  • 3. Preponderance of the evidence

In criminal cases, the defendant is in jeopardy of losing his or her liberty, which is arguably the most fundamental constitutional right American citizens enjoy, at the hands of the government. Because the stakes are so high, the highest standard of proof, proof beyond a reasonable doubt, is required for a conviction. The other two standards of proof are less stringent and used mainly in civil cases.

Proof beyond a reasonable doubt

To establish proof beyond a reasonable doubt in criminal cases, prosecutors must convince juries that the evidence leads only to the defendant’s guilt and no other reasonable conclusion. In all criminal cases, the jury’s verdict of guilt must be unanimous.

Elements of crime

As part of the burden of proof in criminal cases, prosecutors must prove all elements of the crime to secure a conviction. Elements of crime can change a bit from one crime to another. Generally speaking, however, all crimes are made up of three core elements:

  • Actus reus
  • Mens rea
  • Causation

To convict someone of a criminal offense, the prosecution must prove all three of these elements beyond a reasonable doubt. Here’s a quick overview of these elements:

Actus reus

Actus reus refers to the criminal act itself and whether or not it occurred. It can also refer to failing to act when a person has a duty to do so. For example, psychologists have a legal duty to notify authorities when their patients threaten to harm themselves or others. If they fail to do so, that failure would satisfy the actus reus element.

Mens rea

The mens rea element is probably the most difficult element of crime to explain; it refers to the defendant’s mental state and intentions when they committed the alleged offense. To satisfy the mens rea element, prosecutors have to prove that a defendant acted with a guilty mind. For example, consider two people who cheated on their taxes, one who knowingly claimed an exemption to which he or she was not entitled and another who simply made some kind of clerical error.
In this scenario, the person who deliberately cheated would satisfy the mens rea element, but the person who merely miscalculated would not. It’s important to note that ignorance of the law (not knowing a particular act is illegal) does not generally negate culpability.

Causation

To satisfy the element of causation, prosecutors need only prove that a defendant’s actions caused the illegal outcome. For example, if someone is texting and driving, runs a red light and crashes into another motor vehicle, then a prosecutor would only have to prove that the defendant’s negligence caused him or her to run the red light, which resulted in the subsequent crash.

Affirmative defenses

There are rare occasions in criminal cases when the burden of proof shifts temporarily to the defense. This happens most frequently in the case of affirmative defenses. An affirmative defense is a defense in which the defendant offers evidence that would lessen or negate his or her criminal liability. Examples of affirmative defenses include:

  • Insanity
  • Self defense
  • Necessity
  • Involuntary intoxication

When presenting evidence that may reduce or negate liability, it’s up to the defense to convince the jury that such circumstances were present.
Some criticize the burden of proof as being too restrictive on prosecutors, but many believe it’s more acceptable to let a guilty person go free than to convict an innocent one.

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Testimonials

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

5 Stars
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 feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
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

Spodek Law Group

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We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
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