Colorado Frozen Assets Attorney
Being able to choose an experienced attorney who has the resources and knowledge to give you the best possible outcome is a right to every American, right? Well, the truth is a little more complicated. The court can freeze the defendant’s assets before trial or even immediately with a pre-indictment temporary restraining order (TRO), which lasts for 10 days. Your assets can be frozen at once with a TRO, then through trial, which limits you to a public defender. Contact our Colorado frozen assets attorney today, we can help.
When Your Assets are Frozen, a Public Defender is Assigned to You
Public defenders in Colorado provide their services to defendants who cannot afford a lawyer of their choice and unfortunately, they are assigned cases without any input from the defendant. This can be difficult for a defendant who must put a lot of trust into their legal counsel. Most citizens assume that if they can afford a lawyer at the time they are convicted of a federal crime, they will be able to avoid working with a public defender. However, it is not uncommon for a prosecutor to approach the judge and ask for the defendant’s assets to be frozen prior to the outcome of a trial under certain suspected criminal conditions. The reason that assets can be frozen in this manner is that there is a belief that the defendant may attempt to funnel those assets into secure locations before being found guilty when those assets are subject to forfeiture post-trial upon conviction.
Seizure of Freeze When Assets are Believed to be Tainted
According to the 2016 Supreme Court ruling in Luis v. United States, assets may only be frozen if they are tainted, which means the assets were obtained through the crime the defendant is accused of. The reason this became an issue at the Supreme Court level is because it is often unclear as to whether or not the assets belong to the defendant. Tainted assets include assets obtained through drug crimes, theft, fraud, civil offenses, and many other types of crimes, including offenses in violation of the Federal Racketeering Influenced and Corrupt Organizations act (the RICO act). The U.S. Supreme Court recently reversed its position on asset freezing, deciding that the court could not freeze the untainted assets of the defendant, thereby allowing the defendant to hire an attorney of their own choosing, according to the Washington Post.
Fighting Back to Keep Your Assets Available for Legal Defense and Your Family
When a defendant’s assets are frozen, their family must also endure the pain that goes along with suddenly being penniless. Unfortunately, this means that bills go unpaid, mortgage payments become late, and groceries are not bought. There is hope, however, that an experienced Colorado criminal defense attorney can provide their services to have your assets unfrozen and give you and your family a fighting chance. If your assets have been frozen, do not hesitate to contact the Colorado law offices of Jeffrey S. Weiner today for immediate assistance.