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Arrest Process

It’s difficult to acknowledge this reality when you’ve been accused of a crime, but New York is a “Mandatory Arrest” state. In cases involving Domestic Violence (DV), people who have been accused of the crime must be arrested, and it’s all based on the Domestic Incident Report (DIR) that has been completed by the alleged “victim.” What’s worse, the victim doesn’t even have to sign this report after contacting the police, and then you get picked up by the law enforcement officials and dropped into a jail cell. It all gets resolved after the fact based on one account of what you presumedly did to offend the “victim.” While these procedures are put in place in good faith to protect the victims of domestic violence in New York State, it is also easy for people who are not in any danger and have not been the victims of any crime to use the legal process against unsuspecting people. This happens every day in households where one person accuses another person, whom they presumably care about or love.

The Arrest Process

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Todd Spodek
ABOUT THE AUTHOR

Todd Spodek

Managing Partner

With decades of experience in high-stakes federal criminal defense, Todd Spodek has built a reputation for aggressive, strategic representation. Featured on Netflix's "Inventing Anna," he has successfully defended clients facing federal charges, white-collar allegations, and complex criminal cases in federal courts nationwide.

Bar Admissions: New York State Bar New Jersey State Bar U.S. District Court, SDNY U.S. District Court, EDNY
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