Pre-trial asset restraint in Minnesota

In Minnesota, there are two types of pre-trial asset restraints and these include civil asset forfeiture and criminal asset forfeiture. Civil asset forfeiture occurs when the government takes assets from the owner after providing some sort of notice about the impending action. In these cases, no conviction or criminal charge is necessary. In criminal asset cases, the government can seize property from a person before a trial if the owner has committed a crime. 

Asset restraint requirements 

Minnesota law states that when property is restrained before a trial, the law enforcement official collecting the property must leave a receipt with the person currently in possession of the property or at the site where the assets were found. In order to get the property back, the owner can provide the government agency with a bond that equals the amount of the property’s retail value. However, this option is not available if the restrained assets are contraband or being used for investigatory purposes.

Under Minnesota law, a court can restrain certain property if it is associated with a “designated offense.” These offenses include property felonies, crimes against other people and crimes committed using unauthorized computer access. Assets are subject to restraint before trial if:

  • The property was used to either commit or facilitate a crime
  • They were acquired while committing the offense
  • They are weapons that were used during the criminal action 

Additionally, property can only be restrained if there is established proof of a criminal accusation. 

Recent Supreme Court decision 

In February of 2014, the U.S. Supreme Court ruled that criminal defendants whose assets are frozen before a trial are not entitled to a hearing to challenge the claim that they committed a crime. This conclusion was the result of a vote by the Supreme Court against a Florida couple that stole medical devices and sold them for profit. After the couple’s crimes were discovered, the court froze their assets, including the $500,000 they intended to use for legal defense. Justices John Roberts, Stephen Breyer and Sonya Sotomayer voted against this ruling on the basis that freezing the couple’s assets would prevent them from hiring the lawyers they wanted.

This particular case did not address whether or not a defendant has the right to argue that the frozen assets were not connected to the alleged crime. Lower courts have already determined that a defendant is entitled to a hearing to discuss this subject. Criminal defendants, who want to contest that their frozen assets were not linked to the crime they are accused of committing, should work closely with an attorney in order to develop a strong defense.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You might need to know the long-term impacts of a 3rd degree DWI if you have been arrested or charged with driving while impaired (DWI) in Minneapolis, MN. A 3rd-degree DWI conviction can affect you personally, professionally, socially, and financially. A DWI conviction carries consequences, such as paying huge fines, loss of income, paying higher insurance premiums, strained relationships, and reputation damage. Your driver’s and professional license may be suspended or revoked after you are charged or convicted of a DWI. You may also face a civil lawsuit, which costs you money in the form of financial compensation to the accident victim.
One of the questions that people facing sex crime charges in Minnesota ask is: Will I have to register as a sex offender if convicted? You will most likely be required to register as a sex offender if convicted of a sex crime. Factors that determine sex offender registration include the nature and severity of the offense, aggravating factors, civil commitment, and risk level. You must register as a sex offender if you are relocating to Minnesota for school, work, or to live and have been convicted of sex crimes elsewhere.
People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.