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Common Defenses in Criminal Cases

March 21, 2024

You’ve Been Charged With a Crime – Now What?

There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm. Maybe you’ve been accused of a crime. Or perhaps the police are investigating you for something. Whatever the situation is, it’s serious – and you need to take action.So, what do you do if you get hit with one of these things? The answer is simple: you fight it. With the right criminal defense strategy and a top-notch legal team in your corner, you can beat the charges against you.But, take a deep breath. We get it – this is an incredibly stressful and confusing time. You’re probably feeling overwhelmed, anxious, maybe even a bit scared. That’s totally normal. The criminal justice system is a daunting beast, and trying to navigate it alone is a recipe for disaster.That’s why you need to hire a private criminal defense attorney. Someone who knows the ins and outs of the law. Someone who has been through this process countless times before. Someone who will fight tooth and nail to protect your rights and freedom.At Spodek Law Group, that’s exactly what we do.

The Power of an Aggressive Criminal Defense Strategy

Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don’t look carefully at your situation – they simply want to move on to the next case.At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results.We understand the difficulties and challenges of going through a criminal case. If you’re accused of a crime, schedule a consultation with our criminal attorneys today.Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.The Spodek Law Group handles cases nationwide. We have offices in NYC and Los Angeles.

So, what are some potential defenses we could use to fight your charges? Let’s take a look:

1) Lack of Evidence

This is one of the most common and powerful criminal defense strategies. Why? Because in the American justice system, you are innocent until proven guilty beyond a reasonable doubt. The burden of proof is on the prosecution – not you.Our criminal defense attorneys will scrutinize every shred of evidence the prosecutors claim to have against you. We’ll look for holes, inconsistencies, violations of your rights – anything we can use to poke holes in their case.If the evidence is lacking, we’ll fight to have the charges against you dismissed entirely. It’s as simple as that.

2) Mistaken Identity

Were you simply in the wrong place at the wrong time? It happens more often than you’d think, especially with cases involving eyewitness testimony. Human memory is incredibly fallible – people misremember faces, confuse details, and make mistakes in identification all the time.If the prosecution’s case hinges on shaky eyewitness evidence, we’ll bring in experts to dismantle it. We have the resources to conduct our own investigation, track down alibi witnesses, and prove you couldn’t possibly have committed the crime.

3) Self-Defense

In certain situations, using force against someone else is legally justified – especially if it was in self-defense against an aggressor who threatened you with violence. The same applies if you were acting to defend another person from harm.However, the legal standards around self-defense can be complex and situational. That’s why you need an experienced criminal defense attorney to argue this strategy effectively. We know exactly what evidence to bring, what case law to cite, and how to counter the prosecution’s arguments.

4) Insanity

Proving insanity or diminished mental capacity is an incredibly difficult bar to clear. But in some cases, it may be a viable defense if you legitimately could not understand the moral or legal wrongness of your actions due to a severe psychiatric condition.Our attorneys have relationships with top mental health experts who can evaluate you, then advise on whether the insanity defense could work – or if raising doubts about your mental state could still help mitigate the charges.

5) Entrapment

If you were induced or coerced into committing a crime by overzealous law enforcement conduct, you may have been entrapped. This is an extremely complex area of law, but it can result in your charges being dismissed if proven.Entrapment cases require meticulous investigation and preparation to win. Our criminal defense team has extensive experience exposing unethical police tactics that violate due process rights.

6) Constitutional Violations

Speaking of due process rights, the 4th, 5th, and 6th Amendments provide robust protections against unreasonable search and seizure, self-incrimination, lack of counsel, and more. If law enforcement trampled your constitutional rights in their zeal to arrest you, we can get the resulting evidence excluded.Without that evidence, the prosecution’s case often crumbles completely. Our attorneys know all the ins and outs of constitutional criminal procedure – we’ll leverage any violations to your advantage.

7) Diplomatic Immunity

For those who are foreign diplomats, consular officials, or part of special international organizations, you may be immune from prosecution under international treaties and statutes. Certain family members can also enjoy derived immunity.Diplomatic immunity is a complex but powerful defense. We have experience sifting through the nuances of these cases to get charges dropped on immunity grounds where applicable.

8) Statute of Limitations

Every crime has a statute of limitations – a legally defined window of time after an alleged offense in which charges must be filed. If the prosecutors missed that deadline, we can get your case thrown out immediately, no matter how strong their evidence may seem.Calculating these time limits requires parsing dense legalese and case law. Let our experts handle it – we know all the tricks prosecutors use to try circumventing these deadlines unfairly.

9) Plea Bargains

For some cases, the best resolution may be negotiating a plea bargain – reducing charges or sentences through skillful talks with prosecutors. Our veteran attorneys have spent decades mastering the art of these negotiations.We’ll always pursue the best possible plea on your behalf while protecting your rights. And if the prosecution gets unreasonable, we’re ready to take the case to trial and fight for full acquittal.

You Need the Best Criminal Defense Possible – Here’s Why

Facing criminal charges is one of the most high-stakes, stressful situations a person can go through. The consequences of a conviction are devastating – fines, prison time, a permanent criminal record that destroys job prospects and travel opportunities.That’s why you cannot afford to go with a mediocre, overworked public defender or a fresh-out-of-school attorney for your representation. You need a real heavyweight criminal defense team with decades of tough courtroom experience.At Spodek Law Group, our track record speaks for itself:

  • Over 50 years of combined experience defending criminal cases
  • Successful results in thousands of cases, including numerous dismissals and “not guilty” verdicts
  • Glowing reviews from past clients praising our tenacity and expertise
  • Attorneys recognized by prestigious legal organizations like Avvo, Super Lawyers, and more
  • A fierce, aggressive mindset – we leave no stone unturned in pursuing justice for our clients

When everything is on the line, you need legal representation that can go toe-to-toe with even the most formidable prosecutors. You need a team that will fight for you like a dog with a bone, never giving an inch.That’s the Spodek Law Group difference. We’ll stand with you through every step of your case, from the initial charges all the way to trial and appeal if necessary. Our client communication is second to none – you’ll always know exactly what’s going on and what comes next.Don’t risk your future on an inexperienced, overworked public defender. Demand the elite criminal defense representation you deserve. Contact the Spodek Law Group today for a free consultation, and let’s start strategizing your winning defense.

Frequently Asked Questions About Criminal Defenses

What if I can’t afford a private criminal defense attorney?

We understand money is tight for many people, which is why we offer flexible payment plans to make our services affordable. Your freedom and future are too important to skimp on quality legal defense.

How long does it take to resolve a criminal case?

Every case is different – it could take weeks, months, or longer depending on the charges, evidence, and other factors. What we can promise is that we’ll pursue the fastest possible positive resolution while never cutting corners.

Do I really need an attorney if I’m innocent?

Absolutely. The prosecution doesn’t care about innocence – they’ll do everything they can to convict you regardless. You need an expert defense attorney to dismantle their case and clear your name.

What if I already talked to the police? Did I ruin my case?

Not necessarily. But you should stop discussing the allegations immediately and hire us right away. We can still get statements excluded and get you back on track for the best possible outcome.

I was just charged, but I’m not in custody. What now?

Charges are only the first step – you could still be arrested and jailed later on. Don’t wait, contact us immediately so we can start protecting your rights and building your defense right away.

The Bottom Line: You Need to Fight – And We’ll Lead the Charge

If you’ve been charged with a crime, doing nothing is not an option. The consequences are too severe, the stakes too high. You need to take action right now to defend yourself.And you need the best legal defense team in your corner – a group of relentless, aggressive attorneys who will pour all their energy into dismantling the prosecution’s case and securing your freedom.At Spodek Law Group, that’s exactly what you’ll get. We’ve spent decades sharpening our criminal defense skills. We know all the strategies, all the legal maneuvers, all the ways to punch holes in the other side’s arguments.More importantly, we have the drive, the passion, the unwavering commitment to fight for our clients’ rights until the very end. We will never back down, never take a half-measure, never stop working until we’ve secured the best possible outcome for you.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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