Legal Question in Criminal Law in New York

Re: Asset Forfiture Statute NYC -

OK. Now there�s a mouthful.

Talk about getting the most bang out of your buck.

I�m going to take these one at a time.

Let�s start with the most obvious answer first �

There is no way that Robert Morgenthau, Richard Brown, Robert Johnson, Charles Hynes or any other DA is going to foot the bill to help you defend your criminal case. If one of these men owes you money, that may be a different matter. But it just doesn�t work that way.

What you may be thinking of is the fact that (All Together Now!) �If you can�t afford an attorney once will be appointed to you at no cost.� Those attorneys come from one of only a few places. Generally, the Legal Aid Society will step up to the plate for you. They are paid by His Royal Highness in Gracie Mansion. The second most common form of free representation comes from the �18B panel� of attorneys who have private practices but a lot of time on their hands. OK, the government pays them too.

There are a few other no or low cost legal organizations out there, but they vary from county to county. One of the New York County ones is Neighborhood Defenders Services. I just like to say their names because they sound like superheroes! Contrary to popular opinion these lawyers are rather competent and tend to know their stuff since they have actually spent a lot of time in a courtroom, unlike their �litigator� brethren.

These services are not for those who just can�t swing the attorney fees because the Jag needs detailing this month. They are reserved for those who can actually demonstrate the need for assistance � as in if this wasn�t doe for them they�d be standing in the courtroom all alone.

Finding a good criminal lawyer can be a daunting task � especially if you want one who has a clue about white-collar crimes, such as the one you mentioned. If you are lucky enough to get an 18B attorney at your arraignment, with the proviso that you pay your own attorney for the rest of the case, you might just be able to get a good referral. Otherwise you are left to your own devises, the yellow pages, and you local bookie to find out who the best lawyers are out there for the white-collar game.

Good Luck.

TRESQ

Re: Asset Forfiture Statute NYC

Moving right along�

Seizure of assets.

Your question - and let me know if I have this straight � is whether the government should let you now that they are on to someone�s financial-related criminal activity, have probable cause to arrest you, actually go ahead a arrest you, and then give you time to hide, spend or dispose of the assets related to the crime?

Uh, no.

The legislature, being far too logical decided that if there was good reason to believe that the property involved is used or derived from criminal activity, the government can hold onto it for you until everything gets straightened out. They do not have to wait for you to open a Swiss bank account or buy your girlfriend a blue diamond before holding onto it. They must however return the asset to you if your case gets resolved in your favor. Otherwise � KaChing! Right into the old government coffers. The Asset Forfeiture Statute does not discriminate.

This applies not only to money, but to cars, homes, you name it. That�s why government auctions are so popular.

My apologies for the first answer where I assumed it was a white-collar crime. It could have easily been a drug case or any other case where money is exchanging hand. Me culpa.

The bottom line is this � With the exception of a few sickos and insecure young people out there, committing crime has one common goal � getting paid! I know this. You know this. The government knows this. So, they hit you where it hurts. In the pocket book. This is a major pain in the seat for the innocent person who has yet to resolve their unfortunate predicament.

You�ll be happy to know that there is a movement afoot to reform the forfeiture law. Not get rid of it � just change it. But so far, it has only been meaningfully discussed on the Federal level.

And by the way - Yes, the Feds ALAWYS do thing differently form the locals. That's how they know they're superior.

Good Luck.

TRESQ