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.
The recent passage of Amendment 821 to the United States Sentencing Guidelines has raised a lot of questions about whether it can be applied retroactively to people already serving prison sentences. Retroactive application of new laws is always controversial, so let’s break down the legal issues.
Amendment 821 makes big changes to the way criminal histories are calculated under the Sentencing Guidelines. It limits the impact of things like old convictions and probation violations. It also changes how cooperation with prosecutors is rewarded. Overall, Amendment 821 will likely reduce prison sentences for many federal defendants.
The U.S. Sentencing Commission passed Amendment 821 on April 27, 2023. But they delayed its effective date until November 1, 2023. This was to give the courts time to prepare.
When a law applies “retroactively,” it can change the legal consequences for things that already happened. For example, Amendment 821 could potentially reduce sentences for people who were already convicted under the old rules.
Retroactive application does not happen automatically, though. First, the Sentencing Commission has to explicitly allow retroactivity. Then each individual defendant has to petition the court for a reduced sentence under the new law.
Sometimes. The Ex Post Facto Clause prohibits retroactive application of criminal laws that disadvantage defendants. But retroactive changes that benefit defendants are allowed. For example, when the U.S. Supreme Court prohibited mandatory life sentences for juveniles in Miller v. Alabama, that decision applied retroactively.
Christine TwomeyJust 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 huismanAlex 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 MenardThanks 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 ParrisBelieve 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.
Taïko BeautyI 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 WilliamsHey, 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 Very professional, very transparent, over all a great experienceAmazing 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 patelI 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.
Google rating score: 4.9 of 5, based on 736 reviewsSince Amendment 821 stands to reduce sentences for many people, its retroactive application does not violate the Ex Post Facto Clause. The benefits outweigh any disadvantages.
On August 31, 2023, the Sentencing Commission voted to give Amendment 821 retroactive effect. They added it to the list of amendments in §1B1.10(d) of the Guidelines that apply retroactively.
But they also included a “Special Instruction” delaying retroactivity. It says courts cannot reduce sentences under Amendment 821 until its general effective date of February 1, 2024. This was probably to give the criminal justice system more time to prepare.
In making retroactivity decisions, the Sentencing Commission has to balance things like fairness, administrability, and public safety. Amendment 821’s retroactivity raises the following issues:
Overall, the Commission decided retroactivity was appropriate for Amendment 821. The benefits to fairness outweighed the administrative burdens.
Some law enforcement groups have argued Amendment 821 should not apply retroactively to assets already seized through civil forfeiture. They say this would undermine investigations and police budgets.
However, civil retroactivity has fewer constitutional limits than criminal retroactivity. Courts balance factors like fair notice, reasonable reliance, and legislative purpose.
Here, fairness and legislative intent favor applying Amendment 821 to pending civil cases. The Sentencing Commission wanted to broadly reduce excessive punishments. Preventing retroactivity for civil forfeitures would undermine that goal.
Overall, the case for retroactivity of Amendment 821’s civil provisions seems strong. But expect legal challenges on this issue.
The first step is to calculate what your new guideline range would be under Amendment 821. This can be complicated, so consulting an attorney is highly recommended.
Once you determine you may qualify for a reduced sentence, you can file a motion asking the court to apply Amendment 821 retroactively in your case. Again, having a lawyer’s help is a very good idea.
Relief under Amendment 821 is not automatic. You have to take affirmative steps to request and justify the retroactive changes. The court also has discretion in whether to grant a reduced sentence.
Possibly. Amendment 821’s changes to criminal history scoring may help certain inmates qualify for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Things like outdated convictions won’t count as much anymore.
However, compassionate release has different legal standards than retroactive guideline reductions. The issues can get complex. If you already have a motion pending, talk to your lawyer about whether Amendment 821 could help your case.
Retroactive application of new criminal laws always involves difficult legal and policy issues. But Amendment 821’s sentencing changes seem appropriate for retroactivity, given their breadth and purpose. Still, implementing retroactivity will require care and discretion from courts, prosecutors, and defense lawyers alike. Each case raises unique facts and equities for all sides to consider.
New York, NY 10007
611 S Catalina St #222,
Los Angeles, CA 90005
195 Montague St.
14th Floor, Brooklyn, NY 11201
Astoria, NY 11106
© Copyright 2024 – No recipient of content from this site, client or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Spodek Law Group expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site. Any information sent to Spodek Law Group via Internet e-mail or through the Spodek Law Group Web site is not secure and is done so on a non-confidential basis. The transmission of the Spodek Law Group site, in part or in whole, and/or communication with Spodek Law Group, via Internet e-mail through this site does not constitute or create an attorney-client relationship between Spodek Law Group and any recipients. All visitors to our websites are told that Spodek Law Group may work with affiliate lawyers, also known as Local Counsel, in cities and states across the USA. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. They operate their own respective law firms, are independent of the Spodek Law Group, and are not employees/partners/of counsel to the firm. Clients viewing our website should be aware that when viewing our firm’s website, we may include and combine the experience and knowledge of both firms. References to a particular city, or state, in any article on this website does not mean that the firm has a physical office in that state or city. | SEO By DelanceyStreet Legal Notice: The outcomes of past cases do not imply similar results in future cases. (1) The legal practitioners at Spodek Law Group P.C. hold licenses in specific jurisdictions as detailed in their personal profiles. It is important to note that not every attorney featured or mentioned on our website may be able to represent clients in all jurisdictions without the involvement of lawyers who are licensed in the relevant areas; (2) The primary offices of Spodek Law Group P.C. are located in New York. Other locations referenced are designated meeting spaces available by appointment only and do not represent a continuous or established office presence; (3) Los Angeles Criminal Lawyers
