1.26 - 12. No Right To Counsel Paid With Stolen Money Or Property

JurisdictionNew York

12. No Right to Counsel Paid With Stolen Money
or Property

The Fifth and Sixth Amendment do not exempt from forfeiture money that a criminal has agreed to pay his defense attorney. “A defendant has no Sixth Amendment right to spend another person’s money”105 for legal fees—even if that is the only way to hire a preferred lawyer. Before conviction or trial an indicted defendant may have assets frozen “based on a finding of probable cause to believe that the property will ultimately be proved forfeitable.”106 There must be probable cause to believe that the defendant has committed an offense permitting forfeiture, and that the property in question is connected to the crime. A defendant may...

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