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* Home * About * Videos * Cities * Los Angeles * Divorce * Criminal Defense * NYC * Criminal Attorneys * Divorce * Queens * Criminal Defense * Divorce Lawyers * Brooklyn * Criminal Defense * Divorce Lawyers * Bronx * Practice * Corporate * Corporate Investigations Services * Risk Assessment and Mitigation * ACCOUNTING FRAUD AND CORPORATE THEFT * Healthcare * Audits and Investigations * Compliance Programs * Fraud and Laws * Supply Chain & Purchasing * Buying / Selling Practices * Medicare / Medicaid Audit Appeals * Child Pornography * Defenses * Sentencing Guidelines * CFTC * CFTC Bitcoin * Cryptocurrency Fraud * SEC and CFTC * Attorney Proffer * CFTC Investigations Enforcement Actions * Enforcement Lawyers * Investigations * Criminal * Conspiracy Charges * Criminal Appeals * Fraud * Grand Larceny * Computer Crimes * Real Estate Fraud * Securities Fraud * Tax Charges * White Collar Crimes * DEA * DEA Investigations * DEA Drug Diversions * DEA Audits / Investigations * Application and Denial * Registration Defense * Search Warrants * DEA Suspension * Medicare & Medicaid * MaC Audits * Medicaid Fraud * Medicare Fraud * RAC Audit * STARK Law * ZPIC Audit * SNAP Violations * 10 Day Notice * Judicial Appeal * Protecting Against Violations * SNAP Appeal Attorney * SNAP Civil Money Penalty * Defense of Grocery Store * Dismissal of Trafficking Charges * Retailer Disqualification Defense * Trafficking Charges * IRS * Tax Liens Lawyers * IRS Mail Audits * Nexus Audit * Federal * Federal Appeals Lawyers * Appeal Circuits * First Circuit * Second Circuit * Third Circuit * Fourth Circuit * FIFTH CIRCUIT * Sixth Circuit * Seventh Circuit * Eighth Circuit * NINTH CIRCUIT * TENTH CIRCUIT * Eleventh Circuit * Rico Convictions * Mail / Wire Fraud * MAC Audit appeals * Firearm Conviction * Drug Conviction * Federal Criminal * Weapons Possession * Sex Crime Conviction * MURDER CONVICTION * Asset Forfeiture * Arrest Process * Bail Process * Civil Asset Forfeiture * Criminal Appeals After Plea/Sentence * Appeals Post Trial * Post Conviction Attorney call for a free consultation 212-300-5196 * Home * About * Videos * Cities * Los Angeles * Divorce * Criminal Defense * NYC * Criminal Attorneys * Divorce * Queens * Criminal Defense * Divorce Lawyers * Brooklyn * Criminal Defense * Divorce Lawyers * Bronx * Practice * Corporate * Corporate Investigations Services * Risk Assessment and Mitigation * ACCOUNTING FRAUD AND CORPORATE THEFT * Healthcare * Audits and Investigations * Compliance Programs * Fraud and Laws * Supply Chain & Purchasing * Buying / Selling Practices * Medicare / Medicaid Audit Appeals * Child Pornography * Defenses * Sentencing Guidelines * CFTC * CFTC Bitcoin * Cryptocurrency Fraud * SEC and CFTC * Attorney Proffer * CFTC Investigations Enforcement Actions * Enforcement Lawyers * Investigations * Criminal * Conspiracy Charges * Criminal Appeals * Fraud * Grand Larceny * Computer Crimes * Real Estate Fraud * Securities Fraud * Tax Charges * White Collar Crimes * DEA * DEA Investigations * DEA Drug Diversions * DEA Audits / Investigations * Application and Denial * Registration Defense * Search Warrants * DEA Suspension * Medicare & Medicaid * MaC Audits * Medicaid Fraud * Medicare Fraud * RAC Audit * STARK Law * ZPIC Audit * SNAP Violations * 10 Day Notice * Judicial Appeal * Protecting Against Violations * SNAP Appeal Attorney * SNAP Civil Money Penalty * Defense of Grocery Store * Dismissal of Trafficking Charges * Retailer Disqualification Defense * Trafficking Charges * IRS * Tax Liens Lawyers * IRS Mail Audits * Nexus Audit * Federal * Federal Appeals Lawyers * Appeal Circuits * First Circuit * Second Circuit * Third Circuit * Fourth Circuit * FIFTH CIRCUIT * Sixth Circuit * Seventh Circuit * Eighth Circuit * NINTH CIRCUIT * TENTH CIRCUIT * Eleventh Circuit * Rico Convictions * Mail / Wire Fraud * MAC Audit appeals * Firearm Conviction * Drug Conviction * Federal Criminal * Weapons Possession * Sex Crime Conviction * MURDER CONVICTION * Asset Forfeiture * Arrest Process * Bail Process * Civil Asset Forfeiture * Criminal Appeals After Plea/Sentence * Appeals Post Trial * Post Conviction Attorney FEDERAL LAWYERS WHEN YOUR FUTURE DEPENDS ON IT – YOU NEED US Get Legal Help Today AS SEEN ON NYC CRIMINAL LAWYERS The Spodek Law Group is one of the top rated federal law firms. We understand when you're facing legal issues, you need a law firm you can count on. TODD SPODEK - MENTIONED IN THE MEDIA watch more videos NYC CRIMINAL LAWYERS [yoast-breadcrumb] NYC CRIMINAL DEFENSE LAWYERS OUR GOAL IS SIMPLE: HELPING CLIENTS REGAIN CONTROL OF THEIR LIFE. IF YOU’RE ACCUSED OF A CRIME, YOUR FUTURE IS AT RISK. IF YOU HAVE A FAMILY THAT DEPENDS ON YOU — THEY TOO COULD BE IMPACTED. If you’re accused of committing a crime, you stand to lose your freedom, your financial future, and perhaps even your personal assets. The stakes are virtually endless. It’s critical you hire the best possible criminal defense attorney to represent you. Whether you’re facing a federal charge, or state charge, you need an NYC criminal lawyer who has the skills and experience to help you avoid a guilty verdict —- and possible prison sentence. One of the biggest mistakes you can possibly make is get no legal representation – instead, hire a private criminal defense attorney who can help you negotiate a plea bargain, or – get all charges dismissed. Whether you’re facing a violent crime, or white collar crime, our NYC criminal attorneys are capable of helping you avoid a guilty sentence, and potential prison time. By working with our criminal defense lawyers, you can rest assured that we’ll offer professionalism to you and your family members. We’re well versed in all major NY penal laws, and prepared to mount the most aggressive defense possible. Our NYC criminal lawyers are here to help you if you’re facing a criminal charge anywhere in the greater New York City area. A criminal charge is a serious allegation. You need to aggressively fight the charges and defend your freedom. Our NYC criminal lawyers can help. NYC CRIMINAL LAWYERS Our team of NYC criminal lawyers knows that training, experience and dedication are what it takes to successfully defend clients against criminal charges. When law enforcement levies a criminal charge against you, they must have the legal proofs to sustain the charges. They also must go about presenting the charges lawfully under New York criminal procedure. They may not violate your constitutional rights. Our NYC criminal lawyers are dedicated to helping you assert your lawful rights and fight to clear your good name. WORKING WITH OUR CRIMINAL LAWYERS IN NYC Even just facing a criminal charge can be daunting. You may have the stress and humiliation of an arrest. You might wonder how you’re going to keep your job and take care of your family. A sentence of jail can be devastating, but it can also be devastating to lose your driver’s license as part of a criminal conviction. Whatever your concerns are, our NYC criminal lawyers have what it takes in order to help you address all of the things that you’re worried about. HOW OUR NYC CRIMINAL LAWYERS DEFEND YOU AGAINST CRIMINAL CHARGES The exact defense that our experienced lawyers prepare in each case depends on what the specifics are of what happened to you. Here are just some of the defenses that may be available in your defense: * Police constitutional violation * Honest mistake by law enforcement * Honest mistake by you * Witnesses are not in a place to really observe what happened * Dishonest witnesses or police * Self-defense * You had to commit the offense to avoid a more serious harm * You didn’t possess what law enforcement accused you of having * Duress * Errors in proper police investigation * Entrapment For some defenses, you raise the issue by creating and filing a preliminary motion. A preliminary motion gets addressed before your formal trial starts. In other cases, you wait until your jury trial starts in order to raise the issue of the defense. No matter what, it’s important to start preparing your case early. The more time you have to track down witnesses and prepare legal arguments, the better you can work to prepare the best defense when you work with our NYC criminal lawyers. GETTING THE BEST OUTCOME WITH OUR NYC CRIMINAL LAWYERS Part of great representation from our NYC criminal lawyers is helping you understand what to expect and helping you through the process. When you’re facing criminal charges, you need to make informed choices. It our job to help you learn about how New York law applies to your case. If you should take your case to trial, our team wants you to understand why it’s worth the risk instead of accepting a plea offer. If a plea offer is the best possible outcome, you should understand the reasoning. Our team develops your options and works with you to thoroughly understand the pros and cons of the choices that you can make. Ultimately, you make the final decision in your case. NYC CRIMINAL LAWYERS REPRESENTING YOU A criminal defense is a serious matter. Our attorneys take your matter seriously and pursue it aggressively. We know that the outcome is important to you. There are many things that lead to success working with a client. It’s critical to have open communication with clients. Our team is available to answer questions whenever you have them. Our team can represent you wherever you’re at in your case including your initial arraignment, pretrial matters, jury selection, jury trial, post-judgment actions including appeals and sentencing hearings. Facing a criminal charge is never easy. Addressing your criminal charge with the right NYC criminal lawyers can help. Thoughtful, aggressive, skilled representation can help you overcome your legal difficulties quickly and return to your life. Any allegation of wrong doing can hurt your reputation, future employment prospects, and more. Bottom line, you should never take a potential criminal investigation lightly. We protect your rights, and protect you financially. The Spodek Law Group is a top pick, for state, and federal crimes. With over 50 years of combined experience, we’ve seen virtually every single type of allegation and potential case. It doesn’t matter what you’re accused of committing, our team of trial lawyers is here to help you. We understand the challenges you face – once you’re accused of a crime, and now face societal, and financial ramifications. Regardless of what you’re accused of committing, there’s a defense strategy that can be crafted which helps you. The quality of your criminal defense attorney is more important than the crime you’re accused of doing. You can rest assured that the Spodek Law Group will handle your case with professionalism, and desire for positive outcomes for you and your family. The Spodek Law Group handles virtually every type of criminal defense case. If you’re facing criminal charges, our NYC criminal lawyers can help you – right away! If you are facing criminal accusations, you stand to lose a lot more than just the case – you stand to lose your freedom, liberty, and assets. The stakes are simply TOO HIGH for you to leave your criminal defense representation to simply a public defender, or any criminal defense attorney. Bottom line, whether you face a federal, or state, charge, you need a New York criminal attorney with skills, experience, and judgement, who can help you avoid a guilty verdict. We can negotiate a plea bargain, or go to trial in order to fight the case against you. To get started, please contact our criminal lawyers as soon as possible. The Spodek Law Group is loved by the media. We’ve got experience handling high profile criminal defense cases for many years now. Our founding partner, Todd Spodek, has handled many high profile criminal defense cases. Our firm has built a practice around handling most state level crimes, and in addition handling tough and hard to win federal cases. Federal charges carry extremely stiff fines, and penalties, compared to State crimes. It means you really need an NYC criminal lawyer who is effective, and can argue on your behalf. In some cases, there can be simultaneous state and federal cases that proceed against you. Founding partner Todd Spodek and his team are admitted to practice in federal courts, and have experience handling all stages of federal cases, including federal appeals. Bottom line – if you’re facing criminal allegations, you need a criminal defense law firm who can provide the quality representation you need. Whether you’re under an active investigation, or simply under surveillance, you can rest assured that the Spodek Law Group will handle your case with professionalism. The Lawyer You Want – When Things Hit The Fan No one wants an attorney. When you’re involved in an investigation, or you’re in custody before an arrest for criminal conduct, there’s no substitute for having the best possible criminal defense attorney. Our team of attorneys has extensive experience. The Spodek Law Group’s experience in the practice of criminal law is second to none. The firm has handled cases nationwide, and has the capability of effectively advising you on how to proceed. We understand what’s at stake for each, and every, client. We understand that incarceration, and a criminal record, are things no one wants. What is Criminal Intent If you commit wrongdoing without having the intention to do so, others may be mad at you. However, they cannot say you made the mistake on purpose. However, if you know doing something is wrong yet choose to proceed, you have made a conscious decision to commit an illegal act. When this is done, criminal intent has been present based on your actions. Whether the act committed is something as serious as murder or something less dire such as shoplifting an item of clothing from a store, criminal intent is present in both cases. Punishment Fits the Crime Since crimes vary in severity, judges will often try to make sure whatever sentence they hand down to a defendant will be appropriate based on the person’s crime. To do so effectively and fairly from case to case, judges will need to make sure criminal intent has been clearly defined for a particular situation. Thus, prosecutors in criminal cases are required to show not only that the defendant had the intention to commit a criminal act, but also possessed the state of mind that allowed them to know right from wrong. By proving these two elements were present and that the defendant chose to commit the illegal act, prosecutors can usually gain a conviction. Four Types of Criminal Intent Referred to as “mens rea” in its proper legal term, criminal intent has four specific types involved in committing a crime. The first of these is purposeful, meaning you are fully aware of your actions and chose to inflict harm on another individual or property. Next is knowledge, meaning you were aware of the actions you were taking, knew the possible consequences that may follow, yet did not care enough to stop yourself from following through with the act. The third type is recklessness, referring to your decision to do something reckless despite the risks involved. For example, if you wave a loaded gun around others and it goes off and injures someone, this would be criminal intent via recklessness. Finally, the mildest form of criminal intent is negligence. Though defined as failing to live up to your responsibilities and thus causing harm to others, a harsh sentence rarely occurs in negligence cases. Malice Aforethought A specialized form of criminal intent that applies only to murder cases, malice aforethought deals with premeditation, meaning a person planned out the murder of another individual. Since murder is the most severe crime that can be committed, a conviction that includes malice aforethought usually results in a sentence of life in prison without parole, or even a spot on death row if the murder was especially heinous. For example, if you decide to enter a liquor store with the intention of robbing it, this is a form of criminal intent. Scienter Used interchangeably with “mens rea,” scienter refers to a specific and severe criminal intent that does not pertain to murder cases. Instead, it means a person had unquestionable knowledge that an act was illegal. As an example, if a person writes a check for an amount which they knew could not possibly be covered by the money in their bank account at that moment, criminal intent of this nature would have been demonstrated. Beyond a Reasonable Doubt When defendants are brought up on criminal charges, it is still the duty of the prosecutor to prove their case beyond a reasonable doubt in order to gain a conviction. Even if it appears criminal intent is clear, prosecutors must prove the elements crucial in such cases. Otherwise, even if the defendant was aware they were committing an illegal act, failing to prove appropriate criminal intent can result in losing a case that at the beginning may have seemed open and shut. WHAT SHOULD I DO IF I’M ARRESTED OR THINK I’M ABOUT TO BE ARRESTED? If you’re arrested, the best thing to do is stay quiet, and call your criminal defense attorney as soon as possible. You have the right to remain silent, and the right to an attorney. The issue is these rights only protect you if you use them. Many people think just because they’re under arrest, they must cooperate with the police. This is simply not true. What’s an arrest? An arrest occurs when police take you into custody, and you are not free to leave. Many people who are arrested are often taken into jail. Many people make mistakes when they are arrested which makes their situation infinitely worse. Nobody plans on being arrested, but you may be arrested for simply being in the wrong place at the wrong time. Don’t talk Don’t say a word to the officer. You have the right to remain silent. Do not talk period. Do not try to convince the officer of your innocence. Everything you say is probably being recorded, and will be used against you. Everyone is innocent, until proven guilty. If you say something carelessly, it could be used to prove your guilt. Most of the time, when people speak to officers they say something that makes their situation far more worse, and makes it harder for your future NYC criminal lawyer to service you. Don’t run from the police It’s important to listen to the police officer arresting you. Follow his, or her, instructions. If you run, there could be additional charges against you. If the case goes to trial, you could be in trouble even more. The police may become suspicious that someone running has a weapon. They may draw the weapon on you. Don’t resist arrest The most important thing not to do is touch the police officer. Follow the officers instructions exactly. Fight your case, but never the police officer arresting you. You will physically lose the fight, but also lose in court – since the jury might be biased as to why you assaulted the officer. Many people attempt to push the officer away, or swat their hands away. This can quickly escalate the case. The police can lie, and get away with it, don’t believe them It’s legal for the police to lie to get you to admit to something. They are trained to lie, and get you to confess. It’s called the Reid technique, where you lie about having potential witnesses/video evidence/DNA, and use that lie to get a confession out of you. The police will separate people, and try to get you to “rat” on your friend. Don’t believe the lies. It just makes the police’s job easier. Don’t let the police search anything Do not allow the police to search anything. If the officer asks,— you can refuse them. They don’t have the right to search, and must have your willing consent. If they search anyways, that evidence can be thrown out later. If you consent to the search, the officers might find something that you didn’t know was there. Don’t talk nonsense to the police Regardless if you’ve been wrongly arrested, don’t talk garbage to the police. Trash talking the police will simply infuriate them, and they’ll add charges, change a misdemeanor to a felony, or do other things to torture and ruin your life. Don’t let the police inside your home If the police come to your house don’t let them in. When they ask, tell them they do not have permission to enter your home. Make sure to mention they need to have a search warrant to enter the home. NYC CRIMINAL LAWYERS PRACTICE AREAS * Federal Appeals * SNAP Violation * CFTC Defense * Federal Criminal Lawyers * IRS Legal Issues * DEA Defense Lawyers TESTIMONIALS Immediate response to any question; but there was also a personal touch. They provided great representation for my liquor store. I was always in contact with the same person, never handed off. Also, the results were quick; and they were careful not to up-sell me on other services I didn’t need. Overall, a great experience. Highly recommended. ~JOHN SMITH My company, CloudChasers, and I were victims of a long course of online harassment and trolling that needed to be addressed and stopped. No one likes having to enter litigation or related processes, but when there is no other choice, you can do no better than to have a firm like Spodek Law Group have your back. Their method of research, ease of doing business, and responsiveness in helping me with this problem were of the highest caliber. ~NORMA MILLER REQUEST FREE CONSULTATION PLEASE FILL OUT THE FORM BELOW TO RECEIVE A FREE CONSULTATION, WE WILL RESPOND TO YOUR INQUIRY WITHIN 24-HOURS GUARANTEED. * * * * * * * * * * This iframe contains the logic required to handle Ajax powered Gravity Forms. 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