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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Queens Public Intoxication Lawyers
Public intoxication laws are designed to prevent people from disturbing the public and to remove people who appear to be under the influence of alcohol or drugs to keep them from hurting themselves or anyone else.
Some states make public intoxication a crime, whether it is caused by drinking alcohol or using drugs. In most U.S. states, public intoxication is considered a misdemeanor. Punishment is generally in the form of community service, fines, alcohol education programs, probation, and serving jail time for less than one year.
The borough of queens follows the New York law for public intoxication and in the city/state merely being drunk in public is not a crime. A Queens police officer may take a person into custody who is publicly impaired in the following situations:
• The accused may be taken home or to a treatment facility, but only if they consent
• If the person is incapacitated and unable to make rational decisions, a police officer can take the person to a hospital for emergency treatment. No consent is required in this event.
• A person can be taken into protective custody only if a doctor has examined that person and finds that they pose a danger to themselves or others. However, after 48 hours the person must be released from protective custody if they are considered no longer a danger. (N.Y. Mental Hygiene Law §22.09).
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Even though a person cannot be charged with a crime for public inebriation in New York, they can still be arrested for DWI(driving while intoxicated) or DWAI (driving while ability impaired) if you were behind the wheel of a vehicle. Example: a person attended a private residential party and drank too much. They walked out of the building, staggering a little and was going toward their parked car across the street. A Queens borough police officer could charge them with drunk driving even though they only had a key in the ignition. A prosecutor could prove that he/she had the means and intent to drive.
Public intoxication due to drugs is a violation, punishable by up to 15 days in jail and a fine up to $250 (N.Y. Pen. Law § § 70.15, 80.05, 240.40). If an individual is charged with public intoxication, they should immediately contact a Spodek criminal defense attorney. A Queens public intoxication lawyer from the Spodek Law Group can tell you how your case will be handled in court and what your possible defense should be to protect your rights.
Pink Summons/Ticket
A pink summons or ticket is a 2016 enactment which is literally a ticket given to a person who has committed any of the offenses identified under this rule. Public intoxication and disorderly conduct are just a couple of offenses that falls under a pink summons or ticketed offense. Other charges include public urination, unlawful possession of marijuana, and trespass in a park after dark and more.
A pink summons includes tickets for offenses and it should be taken seriously. Pink tickets resulted from a lawsuit filed in 2010 which alleged that New York officers issued a vast number of summonses just to fill quotas.
Most of the summonses (25%) were found to be legally insufficient because it was never clear about why a person received the ticket and there was lack of evidence. Also, many of the summonses gave offenders a permanent criminal record, plus the penalties did not fit the crime.
This new legislation diverts over 100,000 ticketed cases to civil court rather than criminal court. This saves almost 10,000 people per year from having a permanent criminal record and avoiding over 50,000 warrants every year.
If you have received a pink summons or ticket to appear in court in Queens County, Brooklyn, Manhattan, or Bronx Counties, (usually called Part AR2) contact your criminal defense attorney at Spodek Law Group because summonses are not a trivial matter, they should not be ignored!
Defenses
The basis of a public intoxication charge in Queens involves your behavior and demeanor which is the basis for this charge. Certain potential defenses that a Spodex defense lawyer can use to help your case may include the following:
• Being charged with public intoxication means that you must actually be in ‘public.’ Your criminal defense lawyer can argue what is the definition of public? People gather together on government owned property, private facilities where people meet, or a private property that is owned.
• An affirmative defense to charges of being intoxicated is that you were not behaving in a drunken manner in public. Perhaps you were being loud while holding a drink, therefore you can claim that your loud behavior was due to your being enthusiastic. The burden of proving this defense remains on the person accused of the crime.
• Whether the arresting law enforcement officer followed the law.
• Whether the defendant’s conduct did, or did not, constitute a criminal violation.
• Involuntary Intoxication.
• Defendants may argue that at the time of the arrest, they were under the influence of a medication given to them under the care of a licensed physician.
Another coup from reducing criminal offenses to civil offenses in Queens and New York is the “Criminal Justice Reform Act” signed into law on June 13, 2016 by Mayor Bill de Blasio. The new law contains eight bills (639-B; 662-A; 1057-A; 1059-A; 1067-A; 1070-A; 1058-A; and 1056-A) that diverts offenses to administrative hearings rather than being heard in a criminal court.