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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.
How Can You Challenge A Federal Criminal Conviction?
If you or a person close to you has been convicted of a federal crime, you might be interested to know what you can do to challenge that conviction. One of the main reasons why you would want to challenge the conviction is because you are convinced the trial judge(s) made the wrong decision or the jury made mistakes when arriving at the guilty decision. Other defendants will challenge the conviction because their own lawyers did not handle the case as they would have wanted. It is a constitutional right to the get right and effective legal counsel in a federal case. If the right of effective legal representation is in infringed, the defendant has the right to ask the court to overturn its earlier decision.
There are two ways through which a defendant can challenge a conviction in a federal court. The first one is a direct appeal and the second one is based on the ineffectiveness of the lawyer representing the defendant.
A direct appeal
A direct appeal is made through a notice of appeal within ten days after conviction. In a direct appeal, the defendant or trying to show the appellate court that the trial court made mistakes when making the conviction. It is the role of the defendant to prove beyond reasonable doubt that the judge or the jury did wrong. It is all about proving that what happened at the trial court did not follow the rule of law and therefore wasn’t right. The defendant must stick to proving that the trial court and the jury were wrong.
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.
2255
The other approach that the defendant might use to challenge a conviction is by applying the United States code 28 U.S.C. section 225. A petition made under section 2255 is one where the defendant agrees that they have been locked up, but the process involved in the conviction violated their rights. The defendant must prove that the violated rights involve a lack of effective legal representation. Section 2255 is, therefore, a channel through which a defendant can complain that his or her lawyer did not represent them effectively. If you lawyer willingly conducted poor investigations into the evidence adduced by the prosecution or was involved in malpractice, you might want to bring an appeal under section 2255.
It is important for the defendant to understand that when making an appeal under section 2255, it is a different case from making a direct appeal. In a direct appeal, you are attacking the trial court while for 2255, you are challenging the lawyer who represented you. It is prudent to first make a direct appeal before bringing up an appeal based on section 2255. It is up to the defendant to decide which one of the two they would like to challenge. Deciding on which one you would like to pursue will allow you to prepare sufficiently when facing the appellate court.
Federal appeals can be difficult to understand due to the complexity of the matter. It is therefore important to seek the services of a seasoned lawyer who understands how appeals are conducted to rectify the mistakes made at the trial court.
The defendant needs to understand that an appeal is not an opportunity to reopen the trial case. The role of the appeals court is to carry out legal proceedings that challenge the decision made by the trial court. In fact, most of the activities of the appeal process take place in writing. There are limited court hearings from both the defendant and the prosecution. The appellate courts do not receive new evidence about the trial case. Their job is to consider the legal arguments raised at the trial court and make a decision whether there was a proper interpretation of the law. It is a process which involves scrutinizing the information provided at the trial stage.
Another thing that defendants should understand is that there is a huge difference between a notice of appeal and a real appeal. After a notice of appeal has been filed, the defendant has 30 days to present the full case to the appellate judges. The defendant should not rush to hire a new lawyer within the ten days allowed by law to file a notice of appeal. It is just a brief notice that can be made even by a lesser qualified lawyer. However, before presenting full details of the appeal, a fully qualified lawyer should be hired to handle the case.
At the point of telling a conviction, the defendant only has one chance to avoid jail time or to reduce the sentencing. It is, therefore, an important stage that should be taken with the seriousness it deserves. The defendant should hire a highly qualified lawyer who has a track record of engaging in appeal cases in the past and have successfully helped a good percentage of the defendants to get successful results.
