We Fight For You And Your Freedom
Miami Frozen Assets Attorneys
Effectively Helping You Get Your Assets Released
Most Americans believe that, should they find themselves in need, they can retain the professional services of a criminal defense attorney of their choosing. If you have the funds to hire a lawyer when you are indicted in federal court, you usually can choose your lawyer. If you have been appointed a public defender, you don’t get to choose which assistant public defender will defend you.
Unfortunately, federal criminal law permits the prosecutor to secretly ask a district judge to restrain or freeze a defendant’s assets after an arrest and, believe it or not, before trial.
How can that be? Don’t we have a presumption of innocence in our country? If so, how can the government take assets that can be used to hire an attorney when a person is presumed innocent? Also, how then can a person retain an attorney to represent them in their case if they don’t have access to their money?
A federal statute, Title 18 of the United States Code, Section 8539(e), specifically permits a federal district court judge to freeze or “restrain” assets that are potentially subject to being forfeited after conviction, pre-trial. Unfair? Certainly! It is just another example of how unfair the federal criminal justice system is and how it almost always favors the prosecution at the expense of the accused.
So, you may be thinking that a judge will be fair if your lawyer asks that your assets be released before your trial. You would be wrong since, in many federal circuits, a criminal defendant is not even entitled to a hearing to release the assets before trial!
One would think that the Due Process Clause of the Fifth Amendment would prevent such an unjust situation. But, knowing that most federal judges favor the government, legal decisions allowing such unfairness is not uncommon or unexpected.
The severe hardship that an accused person (and his or her family) faces when not able to retain counsel of their choice to defend them seems not to be a concern of most federal judges.
The United States Supreme Court will hear argument on this issue this term. Hopefully, a majority of the justices will vote to stop this most inequitable situation, which is occurring more frequently these days. It is difficult enough for an individual to defend themselves against the government; the government doesn’t deserve even more of an unfair advantage.
Contact Our Experienced Miami Frozen Assets Attorneys
Don’t give up. A respected and persuasive criminal defense lawyer can often be effective in getting assets released. Call Jeffrey S. Weiner, P.A. if we can be of assistance to you. You can reach us at 305 670-9919 to schedule your free consultation with our frozen assets attorneys in Miami.
Why Hire Us?
Serving Criminal Defense Clients For Over 45 Years
We Are Available 24/7 and Offer Free Consultations
Fully Prepared to Get The Best Possible Results in Each Case
We Wrote the Book on How to Handle Federal Cases
We are Top-Rated and Award Winning Attorneys
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My case was handled quickly and efficiently! It has been said that a good attorney knows the law but a great attorney knows the judge. So what... read moreJonathan
Jeffery Wiener, was a great role model! Jeffery Wiener, was a great role model, he was motivational and encouraged me to be the best of myself and... read moreCassie
I would recommend her to anyone! I am writing this to highly recommend Annabelle Nahra as an outstanding criminal defense attorney. Mrs. Nahra recently represented me... read moreZach
Best representation anyone can have! Best representation anyone can have! Most professional, confident, competent Law Firm I have ever seen. At no time during my... read moreJohn V.
Jeff Weiner, Annabelle Nahra, Diego Weiner and the rest of the team working at the office became like a family... read morealik0319 .
Would recommend this firm to anyone. Mr. Weiner is an awesome attorney! Kind, passionate, and hard-working. Mr. Weiner and his team are so caring and make... read moreAnonymous
Annabelle is knowledgeable, professional compassionate and dedicated. Annabelle is knowledgeable, professional compassionate and dedicated. I can personally attest that she will handle your case in the most... read moreAnonymous
Mr. Weiner is an outstanding attorney and a man of his word. I came to him over 20 years ago... read moreEdwin L
The results have always exceeded my expectations! Mr. Weiner has handled multiple cases for me and the results have always exceeded my expectations. He has innate ability... read moreChris
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The Law Office Of Jeffrey S. Weiner Is Based In Miami, Florida And Represents Clients Throughout Florida In Both State And Federal Courts, Throughout The United States, As Well As International Criminal Courts.
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Two Datran Center,
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