Photo by Steve Barrett

On March 18, 2013, a Petition for Writ of Certiorari was granted in the case of United States v. Kaley, U.S. Supreme Court Case No. 12-464.  Howard Srebnick, a Partner in the Firm, appeared before the United States Supreme Court yesterday, October 16, 2013.

The question now under review by the nation’s highest court is whether criminal defendants who cannot use their assets to retain counsel of choice because of an asset freeze have the constitutional right to challenge the government’s underlying charges during a pretrial hearing.

Howard Srebnick and Richard Strafer co-authored the Petition for Writ of Certiorari.  The National Association of Criminal Defense Lawyers filed an amicus brief in support of the Petition, and because there is a division among lower courts on the question, the Justice Department, in their brief, also agreed that the Court should address the issue.

To see copies of the briefs, oral argument transcript, and the various news articles, click here.