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About Marc
Biography
Practice Areas
3
Practice Areas
Criminal Defense
45%
34 years | 200 cases
Appeals
40%
34 years | 100 cases
Litigation
15%
34 years | 100 cases
Fees and Rates
Awards
Licenses
Licensed in New York for 34 years
State: New York
Acquired: 1992
No misconduct found
Licensed in Massachusetts for 34 years
State: Massachusetts
Acquired: 1992
No misconduct found
Location
Marc A Fernich's Reviews
Avvo Review Score
8 Client Reviews
Filter Avvo Reviews (8)
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Practice Areas
Showing 1 - 2 of 2 reviews | Practice Area Knowledge
Posted by Jimmy | October 05, 2025 | Hired Attorney | Criminal Defense
Great lawyer
Fantastic lawyer. I was initially sceptical of Marc's ability to represent me given the nature of the charges I was facing, however he reassured me that he had represented numerous clients accused of sex trafficking minors and that this would not be a problem in the slightest. Sure enough, to my u...
Posted by James | April 22, 2019 | Hired Attorney | Criminal Defense
Excellent Attorney, Highly Recommended, Criminal Defense
I was fortunate to have Mr. Fernich and his associate Mr. Caliendo represent me during my time involved with the Southern District of New York on Federal Charges. Throughout the entire time, I felt like Mr. Fernich was fighting for my rights and always hoping for the best outcome. He defended me fr...
Marc A Fernich's Lawyer Endorsements
"Marc is a talented and well respected criminal lawyer who I have respected for the 25 years he has been practicing. In my 34 year career as a criminal lawyer I have come across a few lawyers that I would recommend as top notch, brilliant, honest, and above all, able to actually try a case in front of a jury, not just plead their clients guilty because they are afraid to go to trial, or it's too much work. A jury can tell if a lawyer is trustworthy, fair, competent, and can argue a case properly, cross exaine witnesses, and make legal arguments after a week or two in the courtroom and Marc is one of the consummate professionals who operates at a very high level, like my associate Peter Kolp who also endorsed Marc, and the legendary Jeffrey Lichtman who works with him. The top notch lawyers all know each other and follow each other's careers, and this is a lawyer I would want at my table on a tough trial."
"I happily endorse Marc as both a person and a fantastic appellate attorney. He is a skilled counselor on th law and the "go to guy" for appeals and an expert in this area. I’m happy to speak in person about his high accomplishments, background, or personal style but I endorse him without question to handle your matter and I have worked with him so I have seen him excel in person. A client would be smart and lucky to get such a good person and lawyer."
"Marc has not only one of the top legal minds in the country but is the only lawyer I have wanted by my side at trials."
"Mr. Fernich is one of the finest appellate lawyers in New York."
"I endorse this lawyer. Mr. Fernich is undoubtedly one of the most skilled and intelligent lawyers I have encountered."
"I endorse this lawyer."
Peter Kolp
Criminal defense lawyer
Richard Willstatter
Criminal defense lawyer
Eric Franz
Criminal defense lawyer
Experience
Honors
2025
Super Lawyer, Super Lawyers
2024
Super Lawyer, Super Lawyers
2023
Super Lawyer, Super Lawyers
2022
Super Lawyer, Super Lawyers
2021
Super Lawyer, Super Lawyers
2020
Super Lawyer, Super Lawyers
2019
Super Lawyer, Super Lawyers
2018
Super Lawyer, Super Lawyers
2017
Super Lawyer, Super Lawyers
2016
Super Lawyer, New York Super Lawyers
2015
Super Lawyer, New York Super Lawyers
2014
Criminal Lawyer of the Year, Institute of Jewish Humanities
2014
Super Lawyer, New York Super Lawyers
2013
Super Lawyer, New York Super Lawyers
2012
Super Lawyer, New York Super Lawyers
2011
Super Lawyer, New York Super Lawyers
2010
AV Preeminent Rating, Martindale-Hubbell
2010
Super Lawyer, New York Super Lawyers
2009
Super Lawyer, New York Super Lawyers
Associations
2017 - Present
Federalist Society
2017 - Present
Second Amendment Foundation
2017 - Present
National Rifle Association
2012 - Present
New York State Association of Criminal Defense LawyersDirector; Amicus Curiae Committee CoChair
2011 - Present
New York Council of Defense Lawyers
1992 - Present
National Association of Criminal Defense Lawyers
Sample of Legal Cases
U.S. v. Huggins
Voided 10-year fraud sentence, improperly enhanced for phantom fiduciary role and bilking financial institution.
U.S. v. Levine (Sclafani)
Toppled 14-year drug sentence due to shoddy lawyering, cutting it by more than four years, to under 10.
Alcantara v. Hollingsworth
Advanced by eight years release date for inmate serving combined 24-year drug term, due to legal errors and miscalculations by federal Bureau of Prisons in implementing sentences imposed.
US v. DiMattina
Federal jury conviction for extortion reversed and indictment dismissed, on rare government confession of legal error, for failure to prove defendant "obtained" property as US Supreme Court construes the term.
People v. Cortez
Convinced three of six presiding judges to endorse new statewide protocols for eliciting informed client waivers of attorney interest conflicts, analyzing evidentiary admissibility of evil thoughts spurring no physical action.
US v. Haynes
International drug smuggling conviction and 16-year sentence upset for combination of errors making trial unfair
US v. Gupta
Immigration fraud conviction reversed, after rare argument before all 15 or so active judges, due to improper courtroom closure during jury selection
US v. Mahaffy
Stock fraud convictions reversed, after two lengthy trials, for suppression of exculpatory evidence and erroneous jury instruction on honest services fraud
US v. Cain
Conspiracy and substantive RICO convictions reversed, after six week, multidefendant jury trial, for plainly erroneous jury instruction on statute's pattern of racketeering element
Dragonetti v. Terrell
Habeas writ granted restoring good time credit and ordering petitioner's release from federal custody after he was wrongly classified as an escapee due to intervening arrest
Boyle v. US
US v. Gotti
Acquittal/Mistrial
US v. Perrotta
Conviction Reversed
Education
1991
Northwestern University School of Law
JD - Juris Doctor
1988
University of Pennsylvania
BA - Bachelor of Arts
1983
Choate Rosemary Hall
HS
Speaking Engagements
2018
Brooklyn Law School
Adjunct Associate Professor
2017
Elizabeth Haub School of Law at Pace University
Adjunct Professor
2016
Elisabeth Haub School of Law at Pace University
Adjunct Professor
2014
Brooklyn Law School
Adjunct Associate Professor
2013
Brooklyn Law School
Adjunct Associate Professor
2012
Brooklyn Law School
Adjunct Associate Professor
2011
Brooklyn Law School
Adjunct Assoicate Professor
2010
Brooklyn Law School
Adjunct Associate Professor
2009
Brooklyn Law School
Adjunct Associate Professor
2008
Brooklyn Law School
Adjunct Associate Professor
Publications
2011
New York Law Journal
U.S. v. Burden: An Errant Exercise in Evidence Law
2011
New York Law Journal
Evidence Rule in Second Circuit: Inclusionary Approach Under Fire
2010
New York Law Journal
Skirting the Stone Bar: Hybrid Fourth and Sixth Amendment Claims in Federal Habeas Practice
2008
New York Law Journal
Money Laundering After Santos: A Supreme Mess
2007
New York Law Journal
Minding the Personal Knowledge Gap: Expert and Lay Opinion Under Federal Rules of Evidence
2006
New York Law Journal
Federal Rules of Evidence 608(b): A Modest Amendment Proposal
2005
Mouthpiece
United States v. Booker: Miracle or Mirage?
2004
Mouthpiece
Blakely v. Washington: A Selective User's Guide