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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.

New York State Asset Forfeiture Lawyers

New York State Asset Forfeiture

The state of New York is one of the largest jurisdictions in the country. As such, many thousands of cases are heard in this district in this community each year. Certain laws only apply to this area. If you facing the possibility of New York state asset forfeiture, it helps to know what laws may be applicable in this district and may impact your case. Keep in mind that the state’s attorneys can take what are known as the proceeds of crime under certain laws. These instrumentalities of crime are often a part of the process of being charged with a crime. At the same time, while it is possible for the prosecutors to take such assets, they are limited in what they can actually do. For example, the state’s prosecutors can’t take your real estate or what is known as “real property” except for specific drug related crimes. In nearly all instances, they can’t evict you from your home. If they want to pursue this avenue of pursuit, it can be very hard for them to carry it off. At the same time, it is imperative to have the best possible legal counsel at your side for assistance.

The Idea of Proceeds

Proceeds is a formal legal term all those facing this issue should understand. Proceeds are gains from what the law considered to be a crime. This includes many different kinds of holdings from a back account to any kind of personal property that you own. The state of New York may decide to take your jewelry, the land you own, stocks, your car and even the clothing you have in your closet. Under New York state laws, the government can also take items that have results from the decision to facilitate any kind of criminal activity. If something you own makes it easier for someone else to commit a crime, the government can consider that proceeds and take it from you.

New York Penal Law Article 480

All those who are facing this issue in New York state should be aware of the laws that apply to them personally. New York Penal Law Article 480 applies to all those who have been convicted of certain felonies. This article means that all such forfeitures must meet certain standards before they can be carried out. The same is true of what is known as the Organized Crime Control Act of 1986. Under both laws, the prosecution must be able to prove the case beyond the reasonable doubt standard. The court can set aide the determination of a grand jury and act independently as it sees fit. These are complicated laws that benefit from having someone at your side to sort them out and get the verdict you want. Keep in mind, these laws cannot be applied to you if you are facing a minor conviction such as a misdemeanor. In that case, the judge and court cannot seize many forms of your assets at all.

Plea Offer

A prosecutor may agree to demand that you forfeit certain assets as part of your plea agreement when facing many different types of charges including drug charges. This is perfectly legal and occasionally a standard part of the plea process. At the same time, it can be quite cumbersome for local law enforcement officials to follow this law. This is why so many judges and prosecutors may choose to avoid these procedures in the first place. However, this plea is also subject to certain laws in New York state that all prosecutors need to follow. In general, there is no right to have criminal forfeiture. In that case, the prosecutor prosecuting the case must be willing to file a separate civil lawsuit. This can applied to criminal defendants in New York state who are not taking a plea. In New York state, unlike the federal courts, you cannot be asked to forfeit your assets like your real property if you are facing any form of what are known as non-drug-related legal felony offenses.

Keep in mind that the prosecutors in the state often have a large docket. As such, there can be little motivation to use what are essentially scarce resources on the filing of what is essentially a civil matter. While this is true, it is also true that prosecutors do choose to pursue this area of law. IF they do so in your case, it is important to have legal counsel on your side in New York. The bar for proof is high but it is not impossible to meet. Having skilled legal counsel at your side has many benefits as this process continues. It enables you to reduce the risk of such attempts in the first place and protects your existing fiscal assets.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
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.
TaĂŻko Beauty
TaĂŻko Beauty
2024-03-15
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!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
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