Proceeds Of Crime Act Proceedings ("confiscation Proceedings") Free Legal Advice 0161 929 7766

Feb. 13, 2010 - PRLog -- Proceeds of crime applications otherwise known as Confiscation Proceedings can lead to unnecessary financial ruin. Often Criminal Lawyers leave their clients high and dry following the trial itself. Proceeds of crime (contained in the Proceeds of Crime Act 2002) is very complex and requires expert legal advice. Defendants can no longer leave this to chance because the powers contained in the Act are substantial and often described as draconian.
MILTON FIRMAN Expert Legal Adviser on Proceeds of Crime offers 24/7 legal advice on 0161 929 7766. He will visit prisons or clients on bail at home, in the day time or in the enening.

What is even more worrying is that Defendants can be penalised for criminal conduct which is unproven.Also a major concern is that the Court is entitled to make certain crucial presumptions, as against the Defendant.

The Act  the Court must establish the "!recoverable amount." and then must establish the "available amount."

The prosecution must provide a "Statement of Information." The Process itself starts where the Prosecution asks for an enquiry or where the Court itsellf thinks it is appropriate."

The Judge has to decide whether the Defendant has a "criminal lifestyle." The Judge then must decide whether the Defendant has "benefited from Criminal Conduct." If a criminal lifestyle has been establlished, then the Judge must decide whether he has benefitted from "general" or "particular criminal conduct. this might depend upon the kind of offence

Though the prosecution has the burden of proof, this is only on the "balance of probabilities." This applies to the issues of the question of establishing the benefit from crime, as well as the amount of such benefit. However there are crucial assumptions that the Court is entitled to make. These include the assumption that any property transferred to the Defendant within the six year period that preceded the commencement of proceedings for the index offence(s) was obtained as a result of criminal conduct. another assumption is that  any expenditure incurred by the Defendant at any time after the start of the six year period was met from property obtained as a result of general criminal conduct.

The net result of this is that the law is very onerous and extremely complex. Just when you thought your nightmare was over, you face the ongoing saga regarding Proceeds of Crime. The last thing you need is second rate advice. Often soicitors who get poorly paid for this work don't really know what the law on this subject is.

Proceeds of Crime proceedings can often be as important as the trial itself. You need to overcome some of the assumptions the Court will make. You need to ensure you hang on to your legally earned monies.

If you need ANY LEGAL ADVICE in relation to PROCEEDS OF CRIME (CONFISCATION) PROCEEDINGS please call MILTON FIRMAN legal adviser on 0161 929 7766. Whether you are or were the Defendant or you are a realative or friend of someone who needs the best advice, CALL MILTON day or night on 0161 929 7766 or email MILTON FIRMAN on milton@miltonfirman.co.uk

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