YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW INVENTING ANNA
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.
Client Testimonials
5
THE BEST LAWYER ANYONE COULD ASK FOR.
The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.
New York Penal Law § 135.50: Custodial Interference in the First Degree
If you’re on our website, it’s because you, or a loved one, is dealing with a serious legal issue: Custodial Interference in the First Degree under New York Penal Law § 135.50. At Spodek Law Group, we understand the stakes of this legla issue. Our criminal defense law firm knows you’re worried about the future and you need a criminal defense attorney who takes your case seriously. We are here to help you navigate this legal issue, explain your options, and build a strong defense strategy.
Understanding Custodial Interference in the First Degree
Custodial Interference in the First Degree usually involves unlawfully taking or keeping a child under sixteen away from the lawful custodian—especially if the child is permanently removed from the state or exposed to a risk of harm. This is a Class E felony in New York. Conviction of this type carry very real penalties, which can include up to four years of imprisonment. Our legal team has over 50 years of combined experience handling tough cases nationwide, so we’re prepared to fight for you.
We understand how complex this charge is. Sometimes the “interference” stems from a misunderstanding about who has lawful custody. Other times, it might involve crossing state lines. Whenever a child is moved across state borders, there’s a chance federal authorities might look at your case. We know it’s scary to think about local and federal charges at the same time. Our team can help you with both.
Potential Penalties Under NY Law and Possible Overlap with Federal Charges
If you’re convicted in New York State court of first-degree custodial interference, you could face many potential punishments, such as:
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.
Penalty
Possible Outcome
Prison
Up to 4 years for a Class E felony
Fines
Potentially thousands of dollars
Probation
Typically 3-5 years, depending on the facts
Criminal Record
Future employment and housing challenges
Federal charges can result in tougher sentencing guidelines, especially if prosecutors allege kidnapping under 18 U.S.C. § 1201. Double jeopardy usually doesn’t prevent separate prosecutions by the state and federal government if both claim jurisdiction. This is why we focus on minimizing exposure in both courts and aim to resolve the state case before the federal system gets involved.
Defense Strategies: We Look at Every Angle
At Spodek Law Group, our only goal is to win your case. We’ve handled situations like the one you’re facing before. We know how to present defenses that expose weaknesses in the prosecution’s case, whether it’s in state or federal court. Here are a few strategies we often consider:
Challenging Intent
If you didn’t intend to violate custody orders, or you believed you had the right to travel with the child, there might be no criminal intent. We can highlight court orders, emails, or text messages that show a mistake rather than a willful violation.
Emergency Situations
We’ve seen cases where a parent believed the child was in serious danger. If you moved the child in good faith to avoid harm, that factor can influence negotiations with prosecutors or even lead to a dismissal. We often bring in experts and relevant documents to show it wasn’t about ignoring custody orders—it was about protecting a child.
Negotiations to Avoid Federal Charges
If there’s any possibility of federal prosecution, we try to address that risk. The key is often reaching an agreement in state court which resolves the matter before federal authorities step in. We make sure you understand the pros and cons of any potential plea bargain or cooperation.
Lack of Evidence
If the government can’t prove every element beyond a reasonable doubt, that’s a way to dismissal or reduced charges. We dig into how law enforcement gathered evidence. If procedures weren’t followed, or if there’s conflicting testimony about who did what, we’ll highlight those inconsistencies.
Misidentification
On rare occasions, the accused might not be the person who interfered with custody. We’ve handled cases involving witness confusion and unreliable identification. If that’s an issue, we can present alibi evidence, cross-examine eyewitnesses, and demonstrate the prosecution can’t meet its burden.
Mitigating Factors
In some cases, even if you did remove the child, there might be mitigating circumstances that make it so you deserve a more lenient outcome. We know from experience our extensive experience that a strong argument for mercy can lead to probation or alternative sentencing if the court sees no malicious intent.
How Federal Sentencing Guidelines May Come Into Play
If federal authorities charge you with kidnapping or a related offense, the Federal Sentencing Guidelines will impact your exposure. Those guidelines usually take into account things like your criminal history, aggravating factors, and the nature of the alleged conduct. We’ve represented clients in federal court and know how to create a well-documented profile showing why maximum penalties aren’t warranted. For example, if you’ve never been in trouble before and acted under extreme emotional stress, that can matter a lot at the time of your sentencing.
Unique Challenges and Practical Insights
When dealing with custodial interference, it’s not just a legal issue—family dynamics play a major role. We’ve seen cases where a custody order was unclear, or never formally modified after one parent moved. We look into every detail—court filings, previous attorneys’ correspondence, out-of-state judicial records. Our firm invests in thorough investigation because each piece of evidence can change the trajectory of your case.
We also know how emotional these cases can get. We’ve had clients who didn’t realize taking the child out of town, even briefly, might lead to felony case. We want you to stay calm and gather all relevant documents. If the other side is trying to turn a civil dispute into a criminal charge, you need to hire our law firm ASAP. We’re available 24/7 for a risk-free consultation, so you can reach us whenever you’re ready.
