MCC Manhattan Visiting.

The Metropolitan Correctional Center, Manhattan (or “MCC Manhattan”) is no longer in operation. As a result, detainees who previously would have been held at MCC Manhattan are now frequently held at the Metropolitan Detention Center, Brooklyn (or “MDC Brooklyn”). While, in some cases, these detainees may be moved to other facilities, it’s still most likely that those who would have stayed at MCC Manhattan will find themselves at MDC Brooklyn instead. Given this change, visitors must verify a detainee’s current facility by obtaining the most current Federal Bureau of Prisons (BOP) records. Visitors must then also make sure they are aware of any rules that govern visitation (and other forms of communication) at the appropriate facility, and they should make sure they are in compliance with these rules if they want to see a detainee in person or on the phone. Additionally, indigent federal criminal defendants can contact the Federal Defenders of New York for assistance, subject to eligibility and appointment procedures. With the federal government’s case against him or her likely focusing on a broad scope, one of these indigent defendants has the right to receive representation that is equal in quality to the representation they would have received if they were able to pay for it. As a result, the Federal Defenders’ office has the resources needed to effectively handle cases in the Southern District of New York and Eastern District of New York, and, by extension, are able to advocate for a detainee’s rights at MCC Manhattan or at MDC Brooklyn. The Federal Defenders of New York provides representation to eligible indigent defendants in federal criminal cases in the Southern and Eastern Districts of New York, while other cases may be handled by CJA panel attorneys or privately retained counsel. These districts also have offices in Manhattan, Brooklyn, White Plains, and Central Islip, and it’s at these locations that their attorneys work alongside investigators, social workers, paralegals, and other types of specialists. This team approach allows them to help those who need it most, with the expertise each team member brings providing the basis for the assistance they offer to indigent defendants in the SDNY and EDNY. The Southern District includes Manhattan and the Bronx, Westchester County, and several upstate counties as well. With this, the Eastern District includes Brooklyn, Long Island, and several other jurisdictions. As a result, an indigent defendant who is accused of a criminal offense that is either alleged or proven to have occurred in one of these locations may be represented by the Federal Defenders, a CJA panel attorney, or privately retained counsel, depending on eligibility and appointment.

Why can a Manhattan arrest involve federal court, state court, or both?

A Manhattan arrest can involve federal court, state court, or both because certain criminal offenses can trigger federal jurisdiction, state jurisdiction, or concurrent jurisdiction. Cases involving federal jurisdiction typically are those involving:

• Conduct that takes place in multiple states or other parts of the U.S.;
• Violence or other offenses against federal law enforcement officers;
• Violence, theft, or other crimes involving federal property (including U.S. currency);
• And/or other types of offenses that are explicitly reserved for federal prosecution under the United States Code (U.S.C.). While these examples are the most common, many criminal offenses can trigger both state and federal jurisdiction. In these cases, federal authorities can potentially choose to file a case in federal court, and local authorities can choose to file a case in state court. The outcome can range from having to defend yourself against both cases to, in some cases, persuading the prosecutor to drop one of the cases. When a criminal allegation involves potential federal prosecution, a fact-specific analysis is essential. Both the federal government’s claims and the relevant federal statutes, as well as the defendant’s alleged conduct, must be scrutinized to determine whether the U.S. government has jurisdiction to prosecute the case. The federal defense attorneys at Spodek Law Group are available to assist with these matters on behalf of individuals, business owners, corporate executives, and other clients. Our attorneys are available to provide defense representation nationwide, including in Manhattan.

We rely on this knowledge to help our clients as well as our knowledge of the federal system.

We can provide assistance when facing investigation and subsequent prosecution from the FBI, IRS, SEC, CFTC, FINRA, or the U.S. Department of Justice (DOJ). We also provide assistance when these matters are paired with parallel civil or administrative proceedings.

How should you compare defense counsel without trusting “best lawyer” claims?

When searching for the “best” federal defense lawyer in New York, or any other city, for that matter, you’ll quickly realize that no one has produced an objective ranking of defense attorneys. Instead, you will find a swarm of firms using superlatives to describe themselves. This is for one simple reason: without objective, verifiable criteria for comparison, it is impossible to say that one attorney or law firm is “the best” in New York. Many people make the mistake of believing that they can rely on promotional claims made by firms on the internet. One such example is for a firm to claim it “won more cases than anyone else.” While winning is important, this claim is meaningless without independent records from which to calculate a win percentage. It is also meaningless without a denominator, meaning it needs to know how many cases were handled. It is also meaningless without data on cases handled by other firms to make the claim that “won more cases than anyone else” is a comparative fact. Another example of the type of promotional claims that should not be relied upon to find the best lawyer is when law firms state that their lawyers’ success is “unmatched.” This, too, requires comparative data that does not exist. Instead of such data, firms often rely on statistics such as these:

• More than 95% of our cases end in a conviction
• We have intervened in cases for over 1,000 corporations and executives
• More than 100 of our clients have been represented in the SDNY
• Our senior lawyers have decades of experience
• We have handled cases for a variety of prominent New York entities These figures, while impressive, mean little when used in comparisons. For instance, while a 95% success rate is impressive, it only becomes meaningful if you know the success rate of other lawyers. Similarly, while experience in the SDNY is a positive attribute, the amount of experience doesn’t mean much in comparison to other lawyers. And, while experience with prominent entities is impressive, again, this can’t be meaningfully compared to the experience of other attorneys.

What Are some Valid Ways of Comparing Defense Counsel?

Ultimately, these types of arguments fail to establish that one category of defense provider is superior to others. No outcome, workload, or representation data establish that private defense firms are superior to boutique firms or that the federal public defender is inferior to others. Similarly, based on the self-reported experience and testimonials from each, neither the attorneys nor the firms’ clients can make statements as to the quality of legal services provided by one firm relative to another. Finally, when choosing representation, remember that no available evidence objectively matches attorneys or firms to charges, courts, budgets, or other unique needs of clients. In this sense, there is no one “best” federal defense lawyer or firm for everyone. Similarly, there is no evidence to establish that the federal public defenders’ workload is such that they cannot effectively represent indigent defendants. Therefore, your choice of defense counsel will depend on many different factors. When interviewing lawyers and law firms, keep these points in mind and ask your questions accordingly.

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028 to speak with our team.