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The United States Supreme Court has granted a Petition for Writ of Certiorari in the case. Partner Howard Srebnick will argue the case before the Court in the Fall 2013. The briefs and scheduling order are linked below.
QUESTION PRESENTED
When a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, do the Fifth and Sixth Amendments require a pretrial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges?
Petitioner's Petition for Writ of Certiorari
United States Supreme Court Order
Transcript of U.S. Supreme Court Oral Argument, October 16, 2013
Audio of U.S. Supreme Court Oral Argument, October 16, 2013
NEWS ARTICLES
Wall Street Journal - How Prosecutors Rig Trials by Freezing Assets
Miami Herald - Supreme Court to hear challenges to property seizures before trials
South Florida Legal Guide - How The Government Wrongfully Freezes Assets
Miami Herald: Miami-Dade - Miami attorney to challenge criminal asset seizures in Supreme Court case
reason.com - The Best Defense Your Money Can't Buy
LA Times - Legal dilemma: The lawyer of their choice
Miami Herald: Nation - Miami attorney to challenge criminal asset seizures in Supreme Court case
Supreme Court Insider - Amid Shutdown, Supreme Court to Hear Arguments
Supreme Court of the United States Blog - Argument preview: Court to consider scope of challenges to asset freezes
New York Times - Case Pits Freezing Assets Against Hiring Lawyers
Daily Business Review - Miami Lawyer Wants Indicted Couple's Assets Freed So They Can Pay Attorneys
Palm Beach Post - Supreme Court weighs whether seizing assets prevents a proper defense
FindLaw Legal Pulse - U.S. Supreme Court ponders pre-trial asset freezes in criminal cases
CharlotteObserver.com - Indicted couple want assets freed to pay lawyers
Supreme Court of the United Stats Blog - Argument analysis: Asset forfeiture case is close call
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