212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

How to Get Evidence Thrown Out in My New York Criminal Trial

How to Get Evidence Thrown Out in My New York Criminal Trial

If you are facing criminal charges in New York, one of the most important things you can do is try to get damaging evidence thrown out before your trial. Having key evidence excluded can greatly improve your chances of being found not guilty. Here is an overview of different ways defense attorneys attempt to get evidence thrown out in New York criminal trials.

File a Motion to Suppress

One of the most common ways to get evidence thrown out is to file a motion to suppress. This asks the judge to prohibit prosecutors from using certain evidence at trial because it was obtained illegally. Some reasons a judge may grant a motion to suppress include:

  • Unlawful search and seizure – If the police searched your property or seized evidence without a valid warrant or without meeting one of the warrant exceptions, the fruits of that search could be suppressed. For example, if the cops search your car without consent or probable cause, any evidence found may be excluded.
  • Miranda rights violation – If the police interrogate you without first reading you your Miranda rights, your statements could potentially be thrown out.
  • Coerced confession – If the police use overly coercive tactics to get you to confess, your confession may be deemed involuntary and suppressed. For instance, denying you food/water or promising leniency in exchange for a confession could lead to exclusion.
  • Illegal wiretaps – If the authorities record your conversations without a warrant in violation of wiretapping laws, those recordings would likely be suppressed. This also applies to GPS tracking without a warrant.

Challenge the Admissibility of Evidence

Aside from filing suppression motions, your defense lawyer can also try to prevent damaging evidence from being used at trial by challenging its admissibility under New York evidence rules. Some examples include:

  • Relevance – The evidence must be relevant to be admissible. So if certain evidence has little or nothing to do with the charged crime, your lawyer can argue it would be overly prejudicial and should be excluded.
  • Authenticity – For evidence to be admissible, the prosecution has to establish its authenticity. If they cannot prove a piece of evidence is genuine, your attorney can dispute its authenticity and attempt to block it.
  • Hearsay – Hearsay (out-of-court statements used to prove the truth of the matter asserted) is generally inadmissible unless it falls under certain exceptions. So if the prosecution tries to introduce hearsay evidence that does not meet any exceptions, it may be excluded.

File a Motion in Limine

Another option is for your defense lawyer to file a motion in limine. This asks the judge to prohibit the other side from mentioning or introducing specific evidence at trial. It works similarly to a motion to suppress but gives the judge advanced warning to exclude prejudicial evidence ahead of time rather than objecting in the middle of trial.

Motions in limine are commonly used to exclude things like:

  • Prior convictions
  • Past drug/alcohol use
  • Details about your personal life lacking probative value
  • Gruesome crime scene photos
  • Hearsay statements

Getting this kind of propensity evidence thrown out early on keeps it from tainting the jury.

Object at Trial

As a last line of defense, your lawyer can object when the prosecution tries to introduce damaging evidence at trial. However, it is far more effective to get evidence thrown out pre-trial through motions to suppress, motions in limine, etc. Still, objections at trial may at least limit the impact of prejudicial evidence or strike it from the record entirely if successful.

Some grounds for objecting to evidence during a New York criminal trial include:

  • Leading questions by the prosecutor
  • Speculation by witnesses
  • Questions calling for hearsay/inadmissible testimony
  • Evidence lacking proper foundation or authentication
  • Questions outside the scope of direct examination
  • Evidence violating the defendant’s constitutional rights

Skilled criminal defense lawyers know how to make quick objections on these grounds and others. Sustained objections can significantly alter the course of a trial.

Getting damaging evidence thrown out – whether through pre-trial motions or objections during trial – requires an experienced attorney familiar with New York evidence rules and case law precedents. Public defenders handle heavy caseloads and seldom have time to extensively litigate evidentiary issues. Retaining experienced private counsel greatly enhances your chances of blocking harmful evidence from being used against you.

For more information on excluding evidence in New York criminal trials, check out the following legal resources:

Having an experienced criminal defense lawyer in your corner who knows how to effectively challenge evidence can make all the difference in getting charges reduced or dismissed prior to trial. Don’t leave your fate to chance – the stakes are too high.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!