Todd Spodek handled nationally televised case involving Alec Baldwin, and his stalker in court trial.View Article
Todd Spodek handles nationally observed caseView Article
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.
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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.
I would like to thank, Todd and Alex for all there dedication and hard work on my liquor store case. It was an uphill battle from the beginning. They worked very hard on my case and got me a very, very favorable outcome; they also got my friend a favorable outcome as well in her case. I was impressed with their services and how far they are willing to go for their clients.
I dealt with Danielle Mezzatesta a super awesome paralegal with the firm. I met with Danielle the same day I called for the consultation and her level of professionalism and knowledge was outstanding! She was very helpful and diligent throughout this entire process. Danielle was top notch in responding to my questions and concerns and made this process very easy and stress free. Within a two week time frame my divorce is officially complete.
I would absolutely recommend this firm. Todd was very candid and always kept me on the loop of what was going on. He met with me a couple of times for personal consultation to keep me at ease. He represented me whenever possible so that I didn’t have to take time off of work. I appreciate the honesty and availability and could not be happier with the outcome or the overall experience. I am glad I chose Spodek Law group to represent me.
I am very happy with the service and the atmosphere is extremely professional. The staff makes me feel welcomed every time I come and Todd Spodek is an excellent attorney. I am very glad I chose this firm to represent me and my company.
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.
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.
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.
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 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.