Frozen Bank Account Defense | Duluth Attorney

Fighting a Frozen Bank Account Accusation in St. Louis County with a Dedicated Defense Attorney

The sudden realization that your bank account has been frozen, that your hard-earned money and assets are locked away by order of the court, is a terrifying experience. One moment, you have access to your finances; the next, your ability to pay bills, buy groceries, or even meet your daily needs in places like Duluth or Two Harbors vanishes. This isn’t just about a financial inconvenience; it’s the state, alleging you’re involved in a felony, and using its power to seize control over your most liquid assets. The initial fears are immediate and overwhelming: how will you provide for your family, keep your job if you can’t pay for transportation, or simply cover basic living expenses in a tight-knit community like Proctor? This financial paralysis is a profound crisis that can instantly shatter your sense of security and stability.

This isn’t merely a bureaucratic action; it’s a direct and crippling assault on your financial life. Imagine being unable to pay your mortgage or rent, having your utility services threatened, or facing the inability to cover medical expenses for your family in Cloquet or Bemidji, all because your funds are arbitrarily frozen. The state, with its immense resources, is now holding your financial well-being hostage, asserting that your funds are necessary to ensure future restitution to alleged victims of a felony you’re accused of committing. You’re not just battling a legal claim over money; you’re fighting for your ability to live your life, to maintain your household, and to protect your future. This is precisely when you need an unwavering advocate by your side, someone who understands the profound crisis you are facing and is ready to fight with relentless determination to unfreeze your assets and uphold your rights.

The Stakes: What a Conviction Truly Costs

Your Permanent Criminal Record

An attachment order for deposited funds under Minnesota Statute 609.532 is issued when you are charged with a felony. While the attachment itself is a civil action, it is inextricably linked to that underlying felony criminal charge. If you are eventually convicted of that felony, it will result in a permanent stain on your criminal record. This isn’t a temporary inconvenience; it’s an indelible mark that follows you for the rest of your life. Every background check for a job, every application for a loan, every inquiry into your past will reveal this. Even if the attachment is later released, the felony conviction itself can significantly limit your opportunities, making it difficult to find new employment, secure housing, or even pursue certain educational paths. In a community like Duluth, where personal integrity is paramount, such a record can close doors that might otherwise have been open, severely limiting your future prospects and casting a long shadow over your life.

Loss of Second Amendment Rights

A felony conviction, which is the prerequisite for the attachment of deposited funds under this statute, carries severe and often permanent consequences for your Second Amendment rights. Being a convicted felon, regardless of the nature of the felony, means you will permanently lose your right to own, possess, or transport firearms. For many individuals in Northern Minnesota, from St. Louis County to Bemidji, owning firearms is a fundamental part of their lifestyle, whether for hunting, sport, or personal protection. The loss of this fundamental constitutional right is not merely a legal restriction; it is a profound and lasting impact on personal liberty, severing a connection to a way of life that many cherish. This consequence underscores the gravity of the underlying criminal conviction that triggers the asset freeze.

Barriers to Employment and Housing

The severe impact of an underlying felony charge and potential conviction, which triggers the attachment of your deposited funds, creates formidable and often insurmountable barriers to both employment and housing. Employers are highly reluctant to hire individuals with serious criminal histories, regardless of their skills or qualifications, especially when it involves financial misconduct or felonies. Many job applications include questions about felony charges or convictions, and a “yes” answer can immediately disqualify you. Similarly, landlords routinely conduct background checks, and a felony charge or conviction will make it incredibly difficult to find stable and secure housing. This can lead to a cycle of instability, making it challenging to establish a normal life. In communities like Cloquet or Two Harbors, where job and housing markets can be competitive, such a charge can severely limit your options, forcing you to face immense financial and social pressure.

Impact on Professional Licenses and Reputation

For those who hold professional licenses in any field—whether it’s healthcare, trades, or any other regulated profession—an underlying felony charge that leads to the attachment of your funds, and especially a subsequent conviction, is often catastrophic. Professional licensing boards have strict rules regarding criminal conduct, particularly felonies, and such a charge or conviction will almost certainly lead to the suspension or permanent revocation of your license, effectively ending your career. Beyond the direct loss of your license, the notoriety of a felony charge and the freezing of your assets will irreparably damage your professional and personal reputation. In any community, particularly a smaller one, your name will be associated with serious allegations, leading to social ostracism and a profound loss of trust, making it exceedingly difficult to regain your standing or pursue any meaningful livelihood.

The Accusation: Understanding the State’s Case

What Does the State Allege? Attachment of Deposited Funds Explained in Plain English

When the prosecuting authority applies for an attachment order for your deposited funds, they are alleging that you have been charged with a felony, and that your frozen funds are necessary to ensure that eventual restitution can be paid to the victims of that alleged crime. This isn’t about seizing funds because they are illegal proceeds; it’s about holding your money as a form of security. The state believes that without freezing your assets, you might move or spend them, making it impossible to compensate victims if you are eventually convicted and ordered to pay restitution. For instance, if you’re accused of a felony theft in Duluth where the victim suffered a $15,000 loss, the state might seek to freeze that amount from your bank account to cover potential restitution.

The core of their argument is that there was a financial loss of at least $10,000 as a result of the alleged felony, and that freezing your account is “necessary” to ensure victims are made whole. They will identify your account and present the criminal complaint as proof of the felony charge. It’s a proactive measure by the state to protect potential victims’ financial interests, effectively tying your bank accounts to the outcome of your criminal case, even before a conviction is secured.

The Law on the Books: Minnesota Statute 609.532

Minnesota Statute 609.532 provides the legal framework for a court to issue an attachment order to freeze deposited funds or assets held by a financial institution belonging to an account holder charged with a felony. The purpose of this statute is to ensure that sufficient funds are available to pay restitution to victims if the account holder is convicted of the alleged felony.

609.532 ATTACHMENT OF DEPOSITED FUNDS.

Subdivision 1.Attachment. Upon application by the prosecuting authority, a court may issue an attachment order directing a financial institution to freeze some or all of the funds or assets deposited with or held by the financial institution by or on behalf of an account holder charged with the commission of a felony.

Subd. 2.Application. The application of the prosecuting authority required by this section must contain:

(1) a copy of a criminal complaint issued by a court of competent jurisdiction that alleges the commission of a felony by the account holder;

(2) a statement of the actual financial loss caused by the account holder in the commission of the alleged felony, if not already stated in the complaint; and

(3) identification of the account holder’s name and financial institution account number.

Subd. 3.Issuance of court order. If the court finds that (1) there is probable cause that the account holder was involved in the commission of a felony; (2) the accounts of the account holder are specifically identified; (3) there was a loss of $10,000 or more as a result of the commission of the alleged felony; and (4) it is necessary to freeze the account holder’s funds or assets to ensure eventual restitution to victims of the alleged offense, the court may order the financial institution to freeze all or part of the account holder’s deposited funds or assets so that the funds or assets may not be withdrawn or disposed of until further order of the court.

Subd. 4.Duty of financial institutions. Upon receipt of the order authorized by this section, a financial institution must not permit any funds or assets that were frozen by the order to be withdrawn or disposed of until further order of the court.

Subd. 5.Release of funds. (a) The account holder may, upon notice and motion, have a hearing to contest the freezing of funds or assets and to seek the release of all or part of them.

(b) The account holder is entitled to an order releasing the freeze by showing:

(1) that the account holder has posted a bond or other adequate surety, guaranteeing that, upon conviction, adequate funds or assets will be available to pay complete restitution to victims of the alleged offense;

(2) that there is no probable cause to believe that the account holder was involved in the alleged offense;

(3) that the amount of funds or assets frozen is more than is necessary to pay complete restitution to all victims of the alleged offense;

(4) that a joint account holder who is not involved in the alleged criminal activity has deposited all or part of the funds or assets; or

(5) that the funds or assets should be returned in the interests of justice.

(c) It is not grounds for the release of funds or assets that the particular accounts frozen do not contain funds or assets that were proceeds from or used in the commission of the alleged offense.

Subd. 6.Disposition of funds. (a) If the account holder is convicted of a felony or a lesser offense, the funds or assets may be used to pay complete restitution to victims of the offense. The court may order the financial institution to remit all or part of the frozen funds or assets to the court.

(b) If the account holder is acquitted or the charges are dismissed, the court must issue an order releasing the freeze on the funds or assets.

Subd. 7.Time limit. The freeze permitted by this section expires 24 months after the date of the court’s initial attachment order unless the time limit is extended by the court in writing upon a showing of good cause by the prosecution.

Subd. 8.Notice. Within ten days after a court issues an attachment order under this section, the prosecutor shall send a copy of the order to the account holder’s last known address or to the account holder’s attorney, if known.

The Prosecution’s Burden: Elements of Attachment of Deposited Funds

For a court to issue an attachment order to freeze your deposited funds under Minnesota Statute 609.532, the prosecuting authority must present an application that convinces the court that specific legal elements are met. This is not an automatic process; the state must make a strong showing. If the state fails to establish even one of these crucial elements, the court cannot legally issue the freeze order, or the order can be challenged and lifted. This is why a meticulous examination of their application and underlying claims is absolutely critical.

Criminal Complaint Alleging Felony: The prosecuting authority must provide a copy of a valid criminal complaint issued by a court of competent jurisdiction. This complaint must specifically allege that the account holder (you) has committed a felony offense. Without an active felony charge, the basis for the attachment does not exist.
Identified Account Holder and Account Number: The application must clearly identify your name as the account holder and provide the specific financial institution account number(s) targeted for the freeze. The court needs precise information to issue an order that can be executed by the bank.
Probable Cause of Involvement in Felony: The court must find that there is “probable cause” to believe that you were involved in the commission of the alleged felony. This means there must be a reasonable basis to believe you committed the crime, not just mere suspicion. This is a crucial threshold the prosecution must meet.
Actual Financial Loss of $10,000 or More: The state must state, either in the criminal complaint or the attachment application, that the alleged felony caused an actual financial loss of $10,000 or more. If the total loss to victims is less than this threshold, the statute does not permit the attachment.
Necessity to Freeze for Restitution: The court must find that it is “necessary” to freeze your funds or assets to ensure eventual restitution to the victims of the alleged offense. This implies that without the freeze, there is a risk that funds would be moved or dissipated, preventing victims from being compensated if you are convicted.

The Potential Outcome: Penalties for an Attachment of Deposited Funds

The immediate and primary “penalty” for an attachment of deposited funds under Minnesota Statute 609.532 is the immediate and complete freeze of your bank accounts or other assets held by a financial institution. This means you will instantly lose access to your money, potentially preventing you from paying bills, rent, mortgage, utilities, or even buying food. This financial paralysis can be devastating, impacting every aspect of your life and creating immense stress for you and your family in communities like Duluth or Cloquet.

Beyond the immediate financial freeze, the long-term disposition of these funds depends entirely on the outcome of your underlying felony criminal case.

If Convicted: If you are convicted of the felony or a lesser offense, the frozen funds or assets may be used to pay complete restitution to the victims of the offense. The court can order your financial institution to release all or part of these funds directly to the court for victim compensation. This means your money is permanently gone, used to cover the financial losses resulting from the crime.
If Acquitted or Charges Dismissed: This is the critical outcome for your funds. If you are acquitted of the charges or if the charges against you are dismissed, the court must issue an order releasing the freeze on your funds or assets. This means your money will be returned to you. However, during the period of the freeze (which can last up to 24 months, or longer if extended), you endure significant financial hardship and the inability to access your own money, regardless of eventual outcome.

This entire process, even if you are ultimately cleared, represents a profound infringement on your financial freedom and can cause immense distress and practical difficulties.

The Battle Plan: Building Your Strategic Defense

An Accusation is Not a Conviction: The Fight Starts Now

When your bank accounts are suddenly frozen and you’re staring down a felony charge that triggered that attachment, it can feel like the walls are closing in. The immediate financial paralysis is terrifying, and the underlying criminal accusation adds immense pressure. It’s easy to feel defeated, as if your assets are already lost and your future is predetermined. But let me be absolutely clear: an accusation is not a conviction, and a frozen bank account is not a lost cause. This is the beginning of a fight, and with the right strategy and an unwavering advocate, you can challenge the state’s actions, both criminally and in the attachment proceedings. The state must meet strict legal requirements to freeze your funds, and I am here to ensure they meet every single one, or they will fail.

This isn’t a moment for passive acceptance or quiet despair. This is a call to arms. The state’s move to freeze your assets is a direct attack on your financial stability and a significant coercive tactic. My role is to dismantle their justification for the freeze, to expose any weaknesses in their application, and to build a compelling case for the immediate release of your funds. We will meticulously scrutinize every detail of the prosecuting authority’s application, every claim of financial loss, and every assertion of necessity. We will challenge their probable cause, and force them to prove, under the scrutiny of the court, that they have a legitimate basis to hold your money hostage. Your financial freedom, your livelihood, and your peace of mind are on the line, and with a dedicated defense, we will forge a clear path forward, challenging their claims and fighting for a just outcome.

How an Attachment of Deposited Funds Can Be Challenged in Court

Defending against an attachment order for deposited funds requires a multi-faceted approach, often involving challenging both the underlying criminal charge and the specific elements the state must prove for the freeze itself. My strategy involves meticulously examining every aspect of the state’s application and leveraging specific legal defenses to secure the release of your funds.

No Probable Cause for Alleged Felony: The court must find “probable cause” to believe you were involved in the commission of the felony. If the underlying criminal case is weak, this argument can lead to the release of funds.
- Weak Criminal Case: Argue that the evidence presented in the criminal complaint is insufficient to establish probable cause that you committed the felony. This challenges the very foundation of the attachment order.
- Mistaken Identity: Present evidence that you are not the person involved in the alleged felony, or that you were mistakenly identified, thereby negating probable cause for your involvement.
- Lack of Essential Elements: Demonstrate that the state lacks probable cause for one or more essential elements of the underlying felony charge, thus undermining their basis for the attachment.
- Insufficient Basis for Probable Cause: Argue that the information presented by the prosecuting authority, even if true, does not rise to the level of probable cause necessary to believe you were involved in a felony.
Amount of Funds Exceeds Restitution Needs: The statute allows for the release of funds if the amount frozen is “more than is necessary to pay complete restitution to all victims.” This can free up excess funds.
- Disputing Financial Loss: Challenge the state’s statement of “actual financial loss.” If the actual loss caused by the alleged felony is less than $10,000, or significantly less than the frozen amount, the freeze may be invalid or reduced.
- Partial Release for Living Expenses: Even if some funds are justifiably frozen, argue for the release of a portion of the funds necessary for essential living expenses (rent, food, medical care) if the frozen amount significantly exceeds the maximum potential restitution.
- Multiple Victims, Lesser Individual Losses: If there are multiple victims but individual losses are small, the aggregate loss might exceed $10,000, but the frozen amount might still be excessive for any single victim’s restitution, allowing for partial release.
- Previous Restitution Paid: If some restitution has already been made to victims, argue that the remaining frozen amount is now excessive for the outstanding balance.
Funds Belong to an Innocent Joint Account Holder: If the frozen account is a joint account, and a co-account holder was not involved in the alleged criminal activity, they have a right to seek the release of their portion of the funds.
- Proof of Separate Contribution: The innocent joint account holder can provide evidence (e.g., pay stubs, transfer records, inheritance documents) showing that they deposited all or part of the funds independently and legitimately, without any connection to the alleged felony.
- No Knowledge of Criminal Activity: Demonstrate that the innocent joint account holder had no knowledge of, or involvement in, the alleged criminal activity that led to the felony charge against the other account holder.
- Funds Not Proceeds of Crime: Show that the funds belonging to the innocent joint account holder are not proceeds from, or used in, the commission of the alleged offense, but rather from legitimate sources.
- Separate Account for Restitution: Propose an alternative solution where the alleged offender’s portion of funds is transferred to a separate, frozen account, allowing the innocent joint account holder full access to their legitimate funds.
Procedural or Time Limit Violations: The statute imposes strict requirements on the prosecuting authority, including the duration of the freeze and notice requirements.
- Failure to Provide Timely Notice of Attachment: The prosecutor must send a copy of the attachment order to the account holder within ten days. Failure to provide this notice, or providing it improperly, can be grounds for challenging the freeze.
- Expiration of 24-Month Time Limit: The freeze automatically expires after 24 months unless the prosecution formally applies for and receives a written extension from the court, showing good cause. If the limit expires without extension, the funds must be released.
- Lack of Necessity for Freeze: Argue that it is not necessary to freeze the funds to ensure eventual restitution. Perhaps there are other assets, or a bond can be posted, making the freeze on these specific funds unnecessary.
- Funds Should Be Returned in the Interests of Justice: This is a broad “catch-all” argument allowing the court to release funds if doing so would serve fairness and equity, even if other specific grounds aren’t met. This can be used when the hardship imposed by the freeze outweighs the state’s interest.

Defense in Action: Scenarios in Northern Minnesota

Scenario in Bemidji:A Bemidji small business owner is charged with felony theft, alleging a financial loss of $12,000 to a victim. The prosecuting authority immediately secures an attachment order, freezing the owner’s primary business account, which holds $30,000. This freeze cripples the business’s operations.My defense would argue Amount of Funds Exceeds Restitution Needs, seeking a partial release. While the alleged loss is $12,000, freezing $30,000 is excessive. I would present evidence of the business’s operational needs and argue that only the portion necessary to cover the alleged loss should remain frozen, allowing the business to continue functioning while the criminal case proceeds, thereby mitigating severe economic hardship on innocent employees.
Scenario in Cloquet:A retired couple in Cloquet has a joint savings account. One spouse is charged with a felony for an alleged fraud scheme, leading to the entire joint account, containing $25,000, being frozen. The other spouse was entirely unaware of the alleged criminal activity and relies on the funds for medical expenses.In this situation, the defense would immediately assert that the Funds Belong to an Innocent Joint Account Holder. I would provide irrefutable proof, such as pension statements and direct deposit records, that the innocent spouse contributed a significant portion of the funds through their legitimate income, and had no knowledge or involvement in the alleged fraud. This would argue for the release of their portion of the funds in the interests of justice and necessity.
Scenario in Two Harbors:A resident of Two Harbors is charged with a felony. A year after the initial attachment order freezing their bank account, the criminal case is still progressing slowly, and no extension order for the freeze has been formally issued by the court in writing. The resident needs access to funds for legal fees.Here, the defense would focus on Procedural or Time Limit Violations, specifically the Expiration of the 24-Month Time Limit. I would file a motion for the immediate release of funds, arguing that without a formal, written extension from the court proving good cause, the freeze has automatically expired. This strict statutory deadline must be enforced, allowing the client access to their funds, potentially even for their defense.
Scenario in Proctor:A young professional in Proctor is charged with a felony based on thin evidence. The prosecutor applies for an attachment order, citing a potential restitution amount of $10,000. However, the initial criminal complaint lacks strong factual allegations, relying heavily on speculation and uncorroborated statements.My defense would vigorously challenge the No Probable Cause for Alleged Felony. I would argue that the criminal complaint itself does not meet the probable cause standard required for the felony charge, and therefore, the attachment order based on that insufficient complaint is invalid. By demonstrating the weakness of the underlying criminal case, we would seek to have the attachment order lifted and the funds released immediately, as the very foundation of the freeze is questionable.

The Advocate: Why a Dedicated Duluth Defense Attorney is Essential

Countering the Resources of the State

When your bank accounts are frozen and you’re facing a felony charge, you are up against the full, overwhelming force of the state. Prosecutors in St. Louis County, Duluth, and surrounding areas like Bemidji have immense resources: financial investigators, legal teams, and a singular focus on securing both convictions and ensuring restitution for alleged victims. They can quickly move to seize your assets, leaving you financially crippled. Trying to navigate this alone is a precarious undertaking. A dedicated defense attorney, however, provides the crucial counterweight. I bring my own investigative capabilities, a profound understanding of asset attachment laws and criminal statutes, and the strategic foresight to anticipate and neutralize the state’s every move. I will meticulously dissect their application, challenge their probable cause, and ensure that every one of your rights is ferociously protected, actively leveling the playing field against their immense power.

Strategic Command of the St. Louis County Courts

Successfully fighting an attachment order for deposited funds, particularly in Northern Minnesota, demands more than just a theoretical understanding of the law; it requires a strategic command of the local court system and its unique intricacies. Each courthouse, whether in Duluth, Cloquet, or Two Harbors, operates with its own specific procedures, preferences, and personnel. Having an attorney with a deep, on-the-ground understanding of these local dynamics is an invaluable asset. I understand the unwritten rules, the specific preferences of the judges, and the negotiation styles of the local prosecuting authorities. This intimate knowledge allows me to craft arguments that resonate in these specific environments, navigate procedural hurdles with precision, and position your case for the most favorable outcome. This isn’t just about legal knowledge; it’s about tactical superiority in the specific arena where your fight will take place.

Fighting for Your Story, Not Just the Police Report

When your bank accounts are frozen, the state often reduces your entire situation to a series of transactions and a criminal complaint—a cold, clinical record designed to portray you as a financially irresponsible or even criminal individual. This narrow view, however, rarely captures the full truth of your circumstances, your financial obligations, or the legitimate origins of your funds. My commitment is to fight relentlessly for your story, to ensure that the court sees beyond the superficial allegations. I will meticulously gather all relevant facts, interview witnesses, collect documentation such as bank records, proof of income, and any evidence of an innocent joint account holder’s contributions. This means highlighting unexpected financial obligations, legitimate sources of income, or the severe hardship imposed by the freeze. Your voice, your perspective, and the context of your life are powerful weapons in this fight, and I will make sure they are heard loud and clear, showing you as a human being facing a crisis, not just an account number.

An Unwavering Commitment to a Winning Result

When your financial stability, your livelihood, and your peace of mind are all on the line due to an attachment of deposited funds, you need an attorney whose commitment to a winning result is absolute. My dedication is unwavering; I understand the immense stress and practical difficulties that accompany such a financial freeze in places like Proctor or Bemidji. My commitment means I will pursue every available legal avenue, explore every defense, and challenge every assertion made by the state to hold your funds. I will leave no stone unturned in preparing your case, relentlessly advocating for the immediate release of your funds and the preservation of your financial future. My goal is not to merely mitigate the damage; it is to secure a complete victory for you, ensuring that the state does not unjustly cripple your finances. This relentless pursuit of justice is my personal promise to you.

Your Questions Answered

What is an attachment of deposited funds?

An attachment of deposited funds is a court order that freezes some or all of the money or assets in a bank account when the account holder is charged with a felony. Its purpose is to ensure funds are available for victim restitution if a conviction occurs.

Who can request an attachment order?

Only the prosecuting authority (like a county attorney or district attorney) can apply to a court for an attachment order to freeze deposited funds.

What are the requirements for a court to issue an attachment order?

The court must find probable cause that the account holder was involved in a felony, the accounts are specifically identified, there was a financial loss of $10,000 or more from the alleged felony, and freezing the funds is necessary to ensure victim restitution.

What kind of felony can lead to funds being frozen?

Any felony offense that results in a financial loss of $10,000 or more can trigger an attachment order. This could include felonies like theft, fraud, embezzlement, or other financial crimes.

How long can my funds be frozen?

The freeze permitted by this section expires 24 months (two years) after the date of the court’s initial attachment order. However, the court can extend this time limit if the prosecution shows good cause in writing.

What if I’m a joint account holder and not involved in the alleged crime?

If you are a joint account holder not involved in the alleged criminal activity, you can request a hearing to seek the release of all or part of the funds. You would need to show that you deposited the funds or that they should be returned in the interests of justice.

Can I get my funds released before the criminal case is over?

Yes, you can file a motion and request a hearing to contest the freezing of funds. You might get them released by posting a bond, showing there’s no probable cause you committed the felony, or proving the frozen amount is excessive.

What if the amount frozen is more than what’s needed for restitution?

If the amount of funds or assets frozen is more than necessary to pay complete restitution to all victims of the alleged offense, you are entitled to an order releasing the excess funds.

What does “interests of justice” mean for releasing funds?

“Interests of justice” is a broad legal term that allows the court discretion to release funds if maintaining the freeze would be unfair, cause undue hardship, or serve no practical purpose in ensuring restitution.

Do the frozen funds have to be “proceeds” of the crime?

No. Minnesota Statute 609.532 specifically states that it is “not grounds for the release of funds or assets that the particular accounts frozen do not contain funds or assets that were proceeds from or used in the commission of the alleged offense.” Any of your funds can be frozen.

What happens to the funds if I am acquitted or charges are dismissed?

If you are acquitted of the felony charges or if the charges against you are dismissed, the court must issue an order releasing the freeze on your funds or assets, and they will be returned to you.

What if the prosecutor doesn’t send me notice of the attachment order?

The prosecutor is required to send a copy of the order to your last known address or attorney within ten days after it’s issued. Failure to provide this notice could be a basis for challenging the attachment.

Can I use my frozen funds to pay for my defense attorney?

While the statute doesn’t explicitly address this, it is a common argument made in motions to release funds. If the frozen funds are your only source of money, arguing that they are necessary to secure legal representation for your defense is often a compelling argument in the “interests of justice.”

Does a bank charge a fee for releasing information to authorities?

No. Under the statute, the financial institution “may not impose a fee for furnishing this information to law enforcement or prosecuting authorities” when properly requested.

What if the criminal case takes longer than 24 months?

The freeze automatically expires after 24 months unless the prosecution applies for and receives a written extension from the court, showing “good cause.” If they don’t get an extension, the funds must be released.