It is a known prosecutorial tool to seize assets as a part of criminal forfeiture proceedings in federal court. When a defendant's money and assets are frozen by the court, is there anything that can be done to obtain funds to help pay for counsel? In fact, this can happen before a defendant is even aware that they have been charged with a crime. A prosecutor can proceed ex parte (unilaterally) to freeze any and all bank, investment, retirement and real property.
The answer to this question is, yes! Attorneys at our office know how to use the "freeze and seize" statute in your favor. Penal Code 186.11 can be used against you to wrongfully deprive an individual from the right to counsel. In a recent United States Supreme Court Case, Luis v. United States, the justices ruled that the 6th Amendment right to assistance of counsel outweighs the interests of the government and victims in securing restitution. The US Supreme Court ruled that holding up assets prior to trial violates the Sixth Amendment because a defendant cannot retain their counsel of choice. The court also made a distinction between "tainted" property and "untainted" property.
In California, the court is allowed to seize (pretrial) up to three times the amount of the alleged loss. But upon argument, attorneys can persuade a court to consider the release of funds for attorney's fees in connection with the criminal proceeding, weighing the needs of the public to retain the property against the needs of the defendant to a portion of the property. Under Luis v. United States, a criminal defendant has an absolute right to use "untainted" assets for attorneys fees. Call our office today at (323) 507 -6094 to see what can be done in your specific case. Don't let the prosecutors bully you into not hiring counsel of your choice!
The answer to this question is, yes! Attorneys at our office know how to use the "freeze and seize" statute in your favor. Penal Code 186.11 can be used against you to wrongfully deprive an individual from the right to counsel. In a recent United States Supreme Court Case, Luis v. United States, the justices ruled that the 6th Amendment right to assistance of counsel outweighs the interests of the government and victims in securing restitution. The US Supreme Court ruled that holding up assets prior to trial violates the Sixth Amendment because a defendant cannot retain their counsel of choice. The court also made a distinction between "tainted" property and "untainted" property.
In California, the court is allowed to seize (pretrial) up to three times the amount of the alleged loss. But upon argument, attorneys can persuade a court to consider the release of funds for attorney's fees in connection with the criminal proceeding, weighing the needs of the public to retain the property against the needs of the defendant to a portion of the property. Under Luis v. United States, a criminal defendant has an absolute right to use "untainted" assets for attorneys fees. Call our office today at (323) 507 -6094 to see what can be done in your specific case. Don't let the prosecutors bully you into not hiring counsel of your choice!
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