Tag Archives: Sixth Amendment

Posted 4 years ago in Video Your Personal Rights by Ed Alpern  
Innocent People Fall Victim to Civil Forfeiture [Video]

  Imagine losing your house, your car, or even your money to law enforcement, but not being charged with or convicted of a crime. “The presumption of innocence that applies in every criminal case, which is mandated by the constitution, does not apply in the civil forfeiture arena,” says Matthew Lee, a partner at the law firm Blank Rome in Philadelphia. Civil forfeiture is happening in towns and cites across the country and it is perfectly legal. “The defendant is …

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Posted 4 years ago in Criminal Law Government Your Personal Rights by Betsy Kim  
Should Feds Freeze Defendants’ Pre-Trial Assets? [Poll]

After an indictment, federal law allows a district court to freeze criminal defendants’ assets that would be subject to forfeiture upon conviction. But defendants sometimes need those assets to hire their chosen counsel. Should defendants have a right to a hearing to challenge the charges and forfeiture before the trial? Otherwise, does such freezing of assets violate the defendants’ Sixth Amendment right to counsel and Fifth Amendment right against governmental taking of property without due process? On Wednesday, the U.S. …

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Posted 4 years ago in Crime Immigration by Michele Bowman  
Guilty Plea Means Deportation, Says Supreme Court

The U.S. Supreme Court on Feb. 20 held that one of its 2010 rulings – that under the Sixth Amendment, criminal defense attorneys must warn their clients that guilty pleas can result in deportation – does not apply retroactively. In Chaidez v. United States, the Court said Padilla v. Kentucky, the 2010 case, was not retroactive because it created a new rule about warning defendants, as opposed to simply applying existing rules.   Sorry, Says Court: Play It Forward Roselva …

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