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 786 671-0499 to schedule your complementary 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 Complementary 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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What Our Clients Are Saying
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
Annabelle was fantastic to deal with from the start of the case to the end of it, she remained professional... read moreMagnus S
Probably the best lawyer in Miami! Probably the best lawyer in Miami! During my research his name came up several times and I was very impressed... read moreAndres
It's my pleasure and honor to be able to write a review for this law firm. My family and I... read moreDenia Lazo
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
If you are considering a lawyer, then look no further! t is an absolute pleasure, a privilege, and truly an honor to be writing this review regarding Mr. Jeffrey S.... read moreUlly Dom Vara
Diego Weiner, Criminal Defense Attorney, expeditiously resolved our case, before it began! Diego Weiner, Criminal Defense Attorney, expeditiously resolved our case, before it began! When looking for a criminal defense attorney-at-law, I... read moreSatisfied Client!
This office was recommended to me by a friend, and I couldn't be happier with the service! They are awesome... read moreMegan Cobb
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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,
9130 South Dadeland Blvd.
Miami, Florida 33156