The Beggs & Lane Blog

The initial stages of a criminal case in federal court can be a confusing and anxiety-producing time for a person who has been arrested.   Here’s an explanation of what a federal criminal arrestee can expect at the beginning of the case. In general, the initial stages of a federal criminal case typically come in three steps: (1) the arrestee’s initial appearance, (2) a preliminary hearing, and (3) a detention hearing. This article discusses what to expect at a detention hearing. What is a detention hearing? The pretrial detention hearing is the hearing at which the court decides whether to detain [...]

The initial stages of a criminal case in federal court can be a confusing and anxiety-producing time for a person who has been arrested.   Here’s an explanation of what a federal criminal arrestee can expect at the beginning of the case. In general, the initial stages of a federal criminal case typically come in three steps: (1) the arrestee’s initial appearance, (2) a preliminary hearing, and (3) a detention hearing. This article discusses what a person can expect at a preliminary hearing in a federal criminal case. What is a preliminary hearing?  An arrestee (now referred to as the “defendant”) [...]

The initial stages of a criminal case in federal court can be a confusing and anxiety-producing time for a person who has been arrested.   Here’s an explanation of what a federal criminal arrestee can expect at the beginning of the case.

As previously discussed, the federal government may seize property pursuant to civil asset forfeiture proceedings under 18 U.S.C. § 983.  The primary way that a person can seek return of the property is to show that he or she is an “innocent owner.” What does it mean to be an “innocent owner” of seized property: The “innocent owner” claim is found at 18 U.S.C. § 983(d).  The person seeking “innocent owner” status has the burden of proving that claim by a preponderance of the evidence. 18 U.S.C. § 983(d)(1). Does it matter if I owned the property before or after [...]

As discussed in Part One, Federal Rule of Criminal Procedure 41(g) provides that “[a] person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return.” Does this mean the federal government can seize a person’s assets? Yes. Are there ways that the person can fight to take back their property? Yes. The person whose asset was taken can file a Rule 41(g) motion with the district court and ask for the property to be returned.  This happens when criminal charges are not filed—therefore, the person first needs to ask [...]

Can the federal government seize a person’s assets?  Yes. Can the federal government seize a person’s assets—even if there haven’t been any criminal charges?  Yes. Sound unfair?  It probably does. An explanation:  If an asset (real estate, money, cars, etc.) was involved in committing a crime, the federal government has the right to seize that asset in civil proceeding.  (A quick reminder:  A civil proceeding is one in which a party seeks money or property—but no one is at risk of criminal penalties such as jail or prison.  For example:  A personal injury case is a civil proceeding.)  The seizure [...]