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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 Federal Criminal Cases?

The weight of proof in a federal criminal case rests on the shoulders of the prosecution. It is their duty to demonstrate that the defendant committed the crime in question. In the United States, the standard of proof for criminal cases is “beyond a reasonable doubt.”

The Importance of “Beyond a Reasonable Doubt” The Due Process Clause of the Fifth Amendment of the Constitution guarantees that no individual shall be deprived of “life, liberty, or property, without due process of law.” The Supreme Court in the 1970s expanded the meaning of this clause to include that a person’s guilt must be proven “beyond a reasonable doubt.”

As established in Winship, 397 U.S. 358, 374 (1970), the government must prove every component of the crime to establish guilt beyond a reasonable doubt. This applies to both state and federal court trials. This standard is the highest in the country, and it is crucial in federal court where defendants face severe penalties, such as losing civil liberties, assets, and personal freedoms.

Proving Guilt in Federal Cases The government must prove every individual element of the crime beyond a reasonable doubt. The prosecution is not required to dispel all doubt, but rather to erase “reasonable doubt.”

Elements of a Federal Crime:

  • The defendant must have knowingly or intentionally had intent to commit the crime
  • The defendant must have distributed, dispensed, or manufactured the drug
  • The drug must be a controlled substance

For example, in a federal drug trafficking charge, the prosecution must prove that:

  • The defendant intended to distribute or manufacture the substance
  • The drugs were a controlled substance
  • The defendant took action to manufacture, dispense, or distribute the substances

If the prosecution cannot prove any of these elements, the defendant can be acquitted of the offense.

Federal Sentencing If the prosecution is successful in proving guilt, the sentencing phase takes place. During this phase, the defendant’s punishment is determined. The standard of proof is lower during this stage, requiring only that more than 50 percent of evidence points to a specific conclusion in the case.

It is crucial to have a skilled criminal defense attorney on your side when facing federal charges. The government’s burden of proof may be high, but it is not impossible. An experienced attorney will work tirelessly to establish your innocence and protect your rights.

What is the burden of proof in federal criminal cases

The burden of proof in a criminal case lies with the prosecutors, who must demonstrate beyond a reasonable doubt that the defendant has committed the crime in question. But what does it truly mean to prove guilt? The standard of proof in a criminal case is “beyond a reasonable doubt,” meaning that the jury or judge must believe beyond a reasonable doubt that the defendant did what the prosecutors say they did. However, the challenge lies in defining what reasonable doubt truly is.

Reasons to Define Reasonable Doubt

  • Prosecutors may attempt to explain to the jurors what reasonable doubt means.
  • Defense attorneys may also present their own definition of reasonable doubt.
  • However, this can be risky and may lead to a conviction being overturned on appeal.

Federal Jury Instructions on Reasonable Doubt

  • At the federal level, judges may instruct juries on what reasonable doubt means in different ways.
  • One such instruction tells jurors that they must be “firmly convinced of the defendant’s guilt,” and if they “think there is a real possibility that he is not guilty, [the jury] must give him the benefit of the doubt and find him not guilty.”
  • Another version of jury instructions tells the jury that a reasonable doubt is a “fair doubt based on reason, logic, common sense, or experience.”

Appealing Based on Jury Instructions

  • If a party in a case tries to define reasonable doubt or if the judge gives erroneous instructions to the jury, the defense attorney must act quickly to preserve the issue for appeal.
  • This can be done by objecting and having the objection noted in the record.
  • Failing to object immediately can make appealing an improper instruction difficult, and in some cases, practically impossible.

In a criminal case, the prosecution bears the burden of proof to demonstrate that the defendant has committed the crime in question. The standard of proof is “beyond a reasonable doubt,” meaning that the jury or judge must believe beyond a reasonable doubt that the defendant did what the prosecutors say they did. However, the tricky part of this standard is defining reasonable doubt.

Defining reasonable doubt can be a complex and nuanced process. Prosecutors may attempt to explain what they believe reasonable doubt to be, while defense attorneys may present their own definition. However, this can be risky and may lead to a conviction being overturned on appeal.

At the federal level, there are a few different ways in which judges may instruct juries on what reasonable doubt should mean, as approved by the U.S. Supreme Court. For example, a judge may tell a jury that they must be “firmly convinced of the defendant’s guilt,” and if they “think there is a real possibility that he is not guilty, [the jury] must give him the benefit of the doubt and find him not guilty.” Another version of model jury instructions may tell a jury that a “reasonable doubt is a fair doubt based on reason, logic, common sense, or experience.”

If a party in a case tries to define reasonable doubt or the judge gives erroneous instructions to the jury, it is up to the defense lawyer to act quickly so that the issue can be preserved for appeal. To do so, the defense attorney must object and have the objection noted in the record. This allows an appeals court to review the instructions that were given without considering how the lower court ruled. Failing to object immediately could make appealing an improper instruction difficult and, in some cases, practically impossible.

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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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