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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



Withdrawing a Guilty Plea in Federal Court

People often plead guilty to crimes, and it is not necessarily because they actually committed the crime. Sometimes, the prosecution’s case is extremely strong, and the accused doesn’t have much of a chance of being found “not guilty.” In these cases, the prosecution often offers a plea agreement, but the suspect is required to plead guilty in these cases. In other cases, the defendant didn’t have adequate counsel, so he or she decides that the best thing to do is to plead “guilty.” In some cases, the defendant doesn’t have an attorney, so he may plead guilty just because he doesn’t know what else to do. If you regret pleading guilty and would like to withdraw your plea, you may be able to do so.

You may ask to withdraw your guilty plea in the following manner:

Prior to Acceptance of the Guilty Plea

It is easiest to withdraw a plea of guilty when the court hasn’t accepted it yet. If you withdraw the guilty plea at this time, it will be accepted “for any or no reason.” You may enter into a plea agreement, but it would require you to plead guilty. If the court rejects your plea agreement, your guilty plea would still stand. In the event that the court is going to reject a plea agreement, it is required to allow you the opportunity to withdraw your guilty plea. This is notable because the government regularly informs people that it will drop the charges or decline to bring new charges if you plead guilty.

After Acceptance of the Guilty Plea

If you plead guilty and your plea was accepted, you will need to demonstrate that you have a “fair and just reason” to withdraw your guilty plea after it has been accepted. The courts have determined that there are seven fair and just reasons to withdraw a guilty plea, and they include the following:

  • You claim to be innocent.
  • There is prejudice to the government.
  • There was a delay in withdrawing your guilty plea.
  • There was judicial inconvenience.
  • There was “close assistance of counsel.”
  • There was a waste of judicial resources.
  • The term “knowing and voluntary nature of the plea” applies to your case.

You may enter one or more of the above reasons, and it will be up to the court whether or not to accept them as reasons for you to withdraw your guilty plea. Keep in mind that the court does not have to accept any of these reasons for withdrawing your guilty plea.

After Sentencing

You may even withdraw your guilty plea after you have been sentenced. However, it is imperative that you act quickly when you know that this is what you need to do. You may withdraw your guilty plea in the event that you can meet the following conditions:

  • You plead guilty because law enforcement officers threatened you or made promises to you, but you must be able to prove this.
  • You plead guilty because the judge approved your ability to withdraw the plea if the court rejects the conditions of the plea.
  • You were promised concessions in your plea deal, and you did not receive them.
  • Your guilty plea was made involuntarily, or you entered a guilty plea before you knew what you were being charged with or the sentence you would receive.
  • You did not personally enter the guilty plea, and your attorney or authorized representative did not enter it for you.
  • You were not adequately represented by counsel.

Receiving an Increased Amount of Time after Successfully Withdrawing a Guilty Plea

It is possible for you to receive a longer jail sentence after you successfully withdraw your guilty plea. An example exists in which a defendant successfully withdrew his guilty plea but received a sentence of 30 years in the first trial. The defendant withdrew his guilty plea and appealed his conviction and then received a new trial. The jury decided that the defendant was guilty, and the judge gave him a life sentence plus 150 years. The judge explained this discrepancy in the sentencing by stating that he was “too lenient” in the first trial. This sentence may have been vindictive, but The Supreme Court upheld it because the prosecutor was able to introduce additional evidence that pointed toward the defendant’s guilt. The additional evidence may also have been the reason for the harsh sentence.

In another case, the defendant successfully withdrew his guilty plea. He was found guilty of the crime in his second trial, and the jury gave him a harsher sentence than the one he received during the first trial. The court also upheld this sentence because the jury wouldn’t have been aware of the previous case, so it wouldn’t have had any reason to be vindictive.

If you would like to withdraw a guilty plea, contact a criminal defense attorney.


Charle Butler
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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