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Help! I’ve Been Arrested During Covid-19

Yes, hiring a criminal attorney has never been more important than during the Covid-19 pandemic.  In fact, we as a nation are experiencing a constitutional crisis and if you do not have an attorney fighting for you and your rights, you are not ensuring your best outcome.

The Constitutional Crisis in criminal matters are that you are unable to assert your innocence by jury trial in a timely manner.  In fact, the Covid-19 pandemic has completely shut down the jury trial system.  Once a jury assembly is again allowed, there will be such a back log of cases that if you are not currently in jail, you may have to wait over a year before you get to assert your innocence. 

If you are in jail or if your freedoms are being curtailed awaiting trial, you need someone fighting for you now. You need an attorney who can ensure your constitutional rights are asserted and protected during the Covid-19 pandemic, to include fighting for a fair bail and/or equitable options for release.

Equally important are utilizing this state of limbo by taking advantage of the delay caused by the pandemic and illuminating important pieces of evidence possessed by the government or sought through your own investigation, and bringing those pieces of evidence to the prosecutor’s attention.   

Otherwise, the undesired effect are that your case is essentially in a state of limbo to languish while you live with the stigma of being charged and the stress of not knowing what will happen to you.  The result are that you become desperate to have the matter resolved rather than assert your constitutional right to present your matter in the presence of a jury.  Worse yet, perhaps you remain in jail awaiting a trial that is not even scheduled yet, and your only hope of release are by pleading to a plea offer that does not properly reflect your conduct or that is not commensurate with who you are as a person. Perhaps the charges overstate the seriousness of the alleged conduct, ignore an obvious justification like self-defense, or you are the victim of political retribution and/or obvious discrimination and you know a jury trial would make light of the injustice but you will loose your job if you don’t quickly resolve your criminal case, you will be passed over for a promotion, or there is an order of protection that prohibits your ability to be with your family or your loved ones because you have criminal charges against you. Without the hope of a jury trial, you become desperate and accept an unfair or inequitable plea offer. 

Most prosecutors have a heavy case load which is now becoming even more overwhelming as the cases pile up. Having an experienced, zealous criminal defense attorney take the time to prepare and to present your case to the prosecutor in a meaningful way outside of court is critical.  Your attorney emphasizing your innocence by advocating on your behalf and/or mitigating the conduct for which you have been accused is essential to resolving the matter more effectively and efficiently than awaiting a trial that may take a year or more to occur.

Even during this most unusual time during a global pandemic, your constitutional rights remain the foundation of our great justice system.  Don’t submit to the crisis. Rather, take advantage of the crisis by hiring an attorney who has the experience and expertise to advocate on your behalf and who understands how to do so while we each safely navigate this worldwide pandemic.  Ferbrache Law has that experience, and offers a free consultation.

Be safe.    

Be well, 

Gregory Ferbrache

Ferbrache Law

Ferbrachelaw.com

(801)440-7476

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Ferbrache Law Wins $47,000 Asset Forfeiture Refund

On August 21, 2018, the government wrote an Innocent Owner a check for $47,000, the amount the government seized from her in May of this year.

“The civil asset forfeiture statute has recently been improved to better protect the innocent owner from unfounded seizures. Today was a victory for this innocent owner and for those innocent owners who seek to have their property returned in a timely and inexpensive manner after the government seized their property”

-Gregory Ferbrache the Innocent Owner’s Attorney.

“Although the money should never have been taken in the first place, my client is grateful to the seizing agency for their cooperation toward ensuring she was made whole.”

“On behalf of the Innocent Owner, I would like to thank the hard work of Chief Sponsor Senator Daniel Thatcher, House of Representatives Sponsor Brian Greene, and the work by ACLU of Utah and Libertas Institute during the 2017 legislative session on SB 87”, says Greg Ferbrache. “Through their efforts innocent owners now have an expedited means of having their property returned and avoid extended litigation that may have taken years to have the property returned.”

Under U.C.A. 24-4-107, an innocent owner must notify the seizing agency within thirty days of their lawful claim to the property. The government must then respond within thirty days by granting the claim, denying the claim outright, or denying the claim for failure to provide sufficient proof. If the innocent owner’s claim is denied by the seizing agency, and a court later determines the claim lawful, the government pays the innocent owner’s reasonable costs and legal fees.

If you are an innocent owner and the government has seized your property, time is of the essence to notify the seizing agency of your lawful claim. You may also want to contact an attorney experienced in civil asset forfeiture to ensure your rights are protected and your property returned. 

Call Ferbrache Law at 801-440-7476, the clock is ticking to get your money returned.