Recently a potential client called and he reluctantly told me his home was searched (with a search warrant) by FBI Agents but he was not arrested. “What should I do?” he asked. I told him to come in for a confidential consultation for a pre-file in our conference room in the back. Very private. What did they seize, I asked? And what was on the “Inventory List” they left with you? Did they leave you a business card? Were there County Sheriff, DEA or HSI agents with the agent asking you questions? And what were your answers to the questions they un-doubtably asked? With a little more background information on occupation and prior arrests, if any, I can give a client a pretty good idea what I think is going on after being a federal criminal defense lawyer for 30 years. He told me his daughter and step-daughter were angry with him and had called the agency to seize his computer because they “thought” he was watching porn. Really, I asked? There was a little more to the story. And I expect it is a misguided pre-pubescent porn investigation. He retained our firm in what we call a “pre-file” where we consult, evaluate, advise and protect our client with the end goal of preventing any evidence the Government is not entitled under the Constitutional 4th, 5th and 6th Amendment rights we all have so as to convince the prosecutors that our client is not worth spending valuable resources. It has been nearly a year, and after doing all that I outlined above – and calling the agent, my client, who has never acted on his fantasies, adult or otherwise, has not been charged. And I truly believe he did nothing wrong, but he could have just as easily died of complications from anxiety induced high blood pressure or suicide if he had let his mind (and the agents) run wild for the last year. He will tell you the pre-file protection was worth it.
Every case is different in situations that call for pre-file protection. Once a client had $476,000 seized and forfeited from his vehicle (in a shoe box no less!) only to be arrested a year later. If he had called, I could have done even better than I did in the criminal wire-tap conspiracy case as the lead defendant. Why? Because the Government might have had one less year’s worth of evidence of his involvement in the conspiracy. He never touched the cocaine distributed and was taking orders under duress from the bosses safe in Mexico. So even though he was searched with his consent, I might have helped him even more and it would not have cost him a penny more. Because San Diego Defenders credits their clients for any monies paid in fees for the pre-file after a fair fee agreement is negotiated should they be charged in an indictment or complaint for a criminal offense or, in some cases, a civil forfeiture action. My grandfather was a criminal defense lawyer in the times of prohibition and my father did some criminal work before becoming a judge. They both spoke of the dangers of being “penny wise and pound foolish” which is an old saying that speaks to the reluctance to hire a lawyer when you smell trouble to be prepared to prevent further damage or to minimize the potential criminal liability in the event that criminal charges are filed. We can help you sleep at night after a search warrant has been executed, just call San Diego Defenders (619) 258-8888.
By Daniel Smith, Criminal Defense Asset Forfeiture Lawyer
