Right To Counsel

News & Analysis as of

Good News: The Feds Can’t Freeze Your Assets to Stop You from Hiring a Lawyer

There are limits to what the government can take from you. The Supreme Court recently ruled that the Constitution forbids the government from freezing a defendant’s “untainted” assets in advance of prosecution. The ruling is...more

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States,...more

Supreme Court Holds Sixth Amendment Right to Counsel Limits Pre-Trial Asset Freezing

Last week the Supreme Court in Luis v. United States, No. 14-419, 578 U.S. __ (2016) limited the government’s reach to freeze a criminal defendant’s assets before trial or other judicial proceedings. Justice Breyer, writing...more

Supreme Court: Government Cannot Restrain Untainted Assets

Since the Supreme Court handed down its decisions in U.S. v. Monsanto, 491 U.S. 600 (1989) and Caplin & Drysdale, Chartered v U.S., 491 U.S. 617 (1989) is has been well established that a defendant’s Sixth Amendment right to...more

The Supreme Court - March 2016 #6

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

Supreme Court Rules Against Freezing "Untainted" Assets

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not...more

DOL Releases Long-Awaited Persuader Rule

On March 23, 2016, the U.S. Department of Labor (DOL) finalized the long-awaited “persuader” rule requiring employers and their labor relations consultants, including attorneys, to report any activities by these consultants...more

What to Do When You Are Served With a Search Warrant

Most business executives and officers lack the training and preparation to deal effectively with a search warrant. State and federal law enforcement agencies continue to increase their investigation and prosecution of...more

Defendant has counsel at trial but appellate court says trial judge's evidentiary ruling denied him his right to counsel

Sometimes the legal result in a case just seems to make no sense. Here is one of those instances. A defendant was on trial. Another defendant had pled guilty in connection with the same crime. The defendant who was on...more

High Court Deals Major Blow To Criminal Defendants

The U.S. Supreme Court’s 6-3 decision in Kaley v. United States, 571 U.S. __, Case No. 12-464 (Feb. 25, 2014) essentially finds that the grand jury should have the last word. The Kaley case involved the right to counsel when...more

State v. Miller – New Jersey Supreme Court Gives Short Shrift to Right to Counsel

No person, rich or poor, guilty or not guilty, should be forced to endure the rigors and risks of a criminal trial the very same day he is introduced to his attorney. No attorney can ever be prepared adequately to try a case...more

LLC Has No First Amendment Right To Send Its Lawyer To Board Meetings

Usually when someone invokes her right to counsel, she usually has in mind the Sixth Amendment of the U.S. Constitution (or perhaps Article I, § 15 of the California Constitution). Thus, I was surprised to see a case in...more

Illinois Supreme Court Adopts Restrictive View of the Authority of Chicago Inspector General

In a unanimous opinion reversing in part Division Six of the First District, the Illinois Supreme Court has held in Ferguson v. Patton that the Inspector General for the City of Chicago lacks the authority to retain private...more

A Charter Right to Search Google?

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new...more

When Does A Corporate Officer Or Employee Need Separate Counsel?

It is a profound grasp of the obvious to state that internal investigations are risky. There are so many things that can go wrong when conducting an internal investigation. I am biased and believe that former federal...more

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