How can I retain a lawyer if my assets are seized?

The Government Will Not Want a Defendant to Use Seized Assets to Hire a Top Criminal Defense Lawyer for Obvious Reasons. A Recent Ruling by SCOTUS Makes it Clear that the Constitution Favors a Defendant’s Sixth Amendment Right to Counsel.

Michigan Criminal Defense Attorney Team

The Government Will Seize Assets to Pressure the Target of An Investigation

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Many people charged with criminal offenses in state and federal courts have been unable to hire an attorney of their choosing because their assets and bank accounts are frozen or seized by the government. As you may imagine, prosecutors are reluctant to free up assets so a defendant can hire a great lawyer to defend them in the case. This is an apparent conflict of interest, given that it is the government’s goal to obtain a conviction and forfeit the assets. An individual whose assets have been seized might ask, “how do I retain a lawyer if my assets have been seized?” Getting money back from the government to secure retained counsel is possible, and top lawyers know how to make it happen.

Recently the United States Supreme Court issued an opinion that will help those accused of criminal offenses exercise their constitutional right to hire counsel of their choosing. The Sixth Amendment protects the right of a defendant to retain counsel of his choice and to be represented in the fullest measure by the person of his choice. The case was Luis v. U.S., 14-419 (2016).

Sixth Amendment Right to Retain Counsel Trumps Forfeiture Laws

The Court ruled that the United States Attorney undermined the defendant’s Sixth Amendment right to retain counsel by not permitting the defendant access to the seized funds to hire a lawyer.

The Government argued that important interests on the other side of the legal equation outweighed the defendant’s right to counsel under the Sixth Amendment. The government cited the importance of having funds available later to help pay for statutory penalties and restitution.

Essentially the Court ruled that unless there is proof that the funds are tainted (the produce of illegal activity), they must be made available to the defendant to hire counsel. In the ruling, the judge stated:

“These defendants, often rendered indigent [by the seizure of assets], would fall back upon publicly paid counsel, including overworked and underpaid public defenders. The upshot is a substantial risk that accepting the Government’s views would render less effective the basic right the Sixth Amendment seeks to protect.”

Typically, lawfully acquired assets can be seized and held to cover statutory penalties and restitution. From this point forward, if seized funds are not the product of the illegal activity, the defendant must be given access to the assets to hire a criminal defense lawyer.

Michigan Criminal Defense Attorney

Using Seized Assets to Hire a Criminal Defense Attorney

If you have questions about whether money or other assets seized by the government can be used by you to hire a lawyer, call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation. We will take the time to talk with you, answer your questions, and address your concerns. We will find a way to help you.

Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you and, most importantly,
we are not afraid to win!

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