Once an individual is arrested on federal drug charges law enforcement has typically already completed the investigation and there is not much more that the government needs to do. With that said, a Maryland federal drug attorney should never rely on the government’s investigation until it is proven to be true. The federal drug attorney should always examine all of the government’s information to determine whether there were mistakes in their investigation or things that could be explained. A person should remain in close contact with their attorney to evaluate the information and develop defenses, witnesses, alibis, and explanations. This is extremely important when combing through the facts and information of the case.
Federal Government’s Role in Post-Arrest Investigations
For the most part, the federal government focuses their investigations on larger organizations. They pursue smaller operations within the state or even inter-state, hoping those criminal prosecutions lead them to the bigger fish.
There is an assumption that a smaller distributor of a particular controlled dangerous substance has a contact at the higher level. The government gains access to the higher level contact by way of a “drafter session” offering the lower level distributor a better deal if they turn over their contacts at the higher level who might be more of a target for a federal investigation.
Protecting Your Family from the Authorities from Jail
When a person is in jail and refused bond, there is nothing an individual can do to protect their family from being harassed by the authorities. The person can let their attorney know that this is a concern. A Maryland federal drug attorney is often instrumental in advising the family on their rights when it comes to communication with the authorities. The federal drug lawyer may advise family members to seek their own attorney who can address the police and inform them as to what the family’s position is on speaking to the police and participating in any investigation.
Protecting Your Assets from a Jail Cell in Maryland
When someone is in jail, they do not have the ability to call banks or contact people to protect those assets. They should share their concerns with their attorney. Oftentimes, their attorney can help them set up a power of attorney to give their attorney, a family member, or friend access to their accounts and assets, and the ability to make decisions on the person’s behalf while they are incarcerated.
Asset Seizure
The government is allowed to seize any property they believe was purchased as a result of proceeds from any illegal activity they are investigating, or the property was used in the conducting of that illegal activity. That includes houses, cars, freezing bank accounts, and any other property they believe was purchased with the proceeds of illegal funds.
The impact can be felt not only by the person who is charged. The person’s family could be affected because they are left without the use of certain materials or even left without a residence. To mitigate negative impact as much as possible, it is imperative to contact an experienced Maryland federal drug attorney as soon as possible. They will help explain the consequences of these charges and help decipher the impact they may have on a person’s family.
The individual usually does not have many options when accounts or assets are forfeited or frozen. For a prosecutor to have accounts frozen, they need the permission of the court system or some basis to have them frozen. Usually, at least at the beginning of a case, it is very difficult to argue against the government’s allegations for freezing those assets.
As time goes on, decisions can be made about whether those assets can still be frozen, just like whether bonds can be modified during the course of trial preparation.
Hearings can always be requested with judges when new information is uncovered to determine if it is now appropriate to modify some of the conditions that were originally outlined in the case.
Exception to Frozen or Forfeited Assets
Usually, there is no exception regarding frozen or forfeited assets for the payment of legal services. The assets are forfeited or frozen pending resolution by the court. They cannot be used for any purpose including paying your attorney.
It is possible to appeal this action to make a case for the judge as to why those assets are not subject to being frozen. Most of the time, judges do not think that assets should be unfrozen until a determination is made by the court that they are not subject to seizure because they were not the proceeds of any illegal act.
Criminal Defense Attorney Role in a Government Investigation
A federal drug attorney in Maryland can work with prosecutors and investigators to comb through the evidence brought against their client in the case. The attorney can determine whether the evidence is valid, or negotiate with the prosecutors on their client’s behalf to have charges dismissed or reduced based on the merits of the case. The attorney might be able to offer the government some assistance in their criminal investigation of their matter or another matter.
If someone is charged with something outside of the United States, the government investigators travel to foreign countries to conduct an investigation.
