Criminal Defense Lawyers

Asset Forfeiture Defense

If you are facing a legal issue of any kind, keep in that United States Attorneys and your local state attorneys may choose to aggressively attempt to force you to forfeit your accumulated assets during the legal process and as it continues. They want to take the money you’ve worked hard to earn that they believe may have earned by illegal means. Doing so can have severe consequences. If they take what you’ve earned this can make it hard for you to afford a good legal defense. Many attorneys working for the state and national government are determined to use all legal means to take away your assets. This is why you need to know what they are planning, what laws apply to you and how best to fight off such issues. You have rights in this matter.

Timing Issues

It is imperative to keep in mind that timing can affect all that happens when it comes to assets in your case. All prosecutors are required by law to meet certain deadlines. Federal law requires all government officials to provide notice to the parties of their intended desire to seize any assets in no more than sixty days from the intend to carry out this process. If this procedure is not followed according to these rules, it is possible to get this dismissed. Keep in mind this process can happen very quickly. If you do not act fast, you might find your assets are lost to the federal government in as little as thirty days from start to finish. This is one of many reasons why it is imperative to act as quickly as possible once this process is in place. Otherwise, it may be really hard if not impossible to get your assets back from the government.

The Basis to Challenge

While the government has certain rights, defendants also have certain rights. You have the right to challenge their actions. There are many ways to have the government agree to give back your property or head off their plans to seize in the first place. For example, you can show that you are what is known as the innocent owner. This means you can show you owned the property. It also means you can show you did not know someone else was using this property for illegal purposes. Keep in mind that, unlike other courts, you will not be assumed innocent before you begin. You are the one who needs to prove this and meet a certain standard of proof before you can get the government to agree to return your assets. This may take some time and effort.

There are others to indicate that you have the legal right to have your items returned or even head off this process before they step foot in your property. All deadlines need to be followed to the letter. If the government fails to provide you with proper notice they can be compelled to hand your items over immediately. All deadlines are tight. If a piece of paper was not filed at the correct time, a single motion from an attorney can be at your side to get this issue resolved in your favor immediately.

All searches that any government officials must be conducted in accordance with established legal procedures. You have fourth amendment rights. These rights include the right to avoid an illegal search and seizure of your property. If you fourth amendment rights have been violated, you have the right to protest legally. They need to have what is known as a probable cause or a reason to search for items in the first place. These are not the only laws that may apply to you and help you retain your property or get it back.

Fines must be reasonable under existing laws. This means the government cannot impose excessive fines that are disproportionate in comparison to the alleged offense. This is the eighth amendment to the constitution. If you are facing an asset forfeiture case, government officials must take care to avoid imposing fines that are too high when compared to the actual case. In practice, this means the government is unable to impose fines on you that are considered too high.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Certain accounts may also be exempt from asset forfeiture. If you have a certain type of bank account, the government cannot take them under law. Certain laws can also apply in a given district. If you are facing misdemeanor offenses in New York State, for example, the government cannot take your property for so petty a crime. In all instances, it is helpful to have qualified legal counsel at your side. They can help determine what you need to get done to get back your assets or avoid this issue at all.