Bank Account Frozen? A Minnesota Attorney Explains How to Fight Back Under § 609.532
You tried to use your debit card, and it was declined. You logged into your online banking app to see what was wrong and felt a wave of ice-cold panic: the balance was zero. Your money—the funds you need for rent, for groceries, for your car payment—has vanished. A phone call to the bank reveals the terrifying truth: a court has issued an attachment order, and your account has been frozen at the request of a prosecutor. You are now cut off from your own financial life.
This aggressive legal tactic, known as a pre-trial attachment of deposited funds, is governed by Minnesota Statute § 609.532. It allows a prosecutor to lock down your assets before you have even had your day in court, based solely on the allegation that you have committed a felony involving financial loss. They don’t need a conviction. They don’t need to prove your guilt. All they need is a judge’s signature on an order, and suddenly your life is thrown into chaos.
You did not see this coming, and now you’re in a devastating Catch-22: you need to hire a strong defense attorney to fight the felony charge, but the state has just seized the very funds you need to do it. You don’t have to accept this. I am a Minnesota criminal defense attorney who understands the extreme pressure you are under. I have fought these attachment orders for clients across the state, from Minneapolis and St. Paul to Rochester and Duluth, to get their funds released so they can live their lives and fund their defense. We must act immediately.
What Is a Pre-Trial “Attachment Order”?
An “attachment order” is a powerful pre-emptive strike by the prosecution. It is a court order directed at your bank or financial institution, commanding them to freeze your accounts and prevent any withdrawals. The stated purpose is to preserve your assets to ensure that, if you are eventually convicted, there will be money available to pay restitution to the alleged victims of the crime. But the practical effect is to cripple you financially at the most vulnerable moment of your life.
This is a civil action that runs parallel to your criminal case. It’s crucial to understand that under Minnesota Statute § 609.532, the money in your account does not have to be the actual proceeds of the alleged crime. The prosecutor can freeze any and all of your legitimate, hard-earned money—your paycheck, your savings, an inheritance—simply to hold it as collateral. When facing a Minnesota felony charge involving alleged financial loss, like theft, fraud, or embezzlement, you must be prepared for the prosecutor to launch this second attack on your financial stability.
Minnesota’s Asset Freezing Law — Straight from the Statute
The specific law that allows the government to freeze your bank account before you’ve been convicted is Minnesota Statute § 609.532. This statute outlines what a prosecutor must show to get the order, how the freeze is implemented, and most importantly, how you can fight back to get your money released. Knowing your rights under this law is the first step to reclaiming control of your finances.
Here are some of the most critical parts of the statute:
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. 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…the court may order the financial institution to freeze all or part of the account holder’s deposited funds…
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.
Breaking Down the Prosecutor’s Application to Freeze Your Assets
A prosecutor can’t just snap their fingers and freeze your accounts. They must submit a formal application to a judge and prove that they meet four specific requirements laid out in the statute. When you hire me, my first action is to scrutinize their application and prepare to attack each of these points in an emergency hearing.
- A Felony Charge: The process can only be initiated if you have been formally charged with a felony. If the charge is a misdemeanor or gross misdemeanor, or if charges have not yet been filed, they cannot use this statute to attach your accounts.
- Financial Loss of $10,000 or More: The statute is very clear that this extreme remedy is only available in cases where the alleged financial loss to victims is at least $10,000. If the prosecutor cannot substantiate this amount, the attachment order should not be granted. We can challenge inflated or speculative loss claims that don’t have a basis in fact.
- Probable Cause You Were Involved: The prosecutor must show the judge there is probable cause that you committed the alleged felony. This is the same standard used to issue the criminal complaint itself. We can fight this by attacking the underlying facts of the criminal case from the very beginning, arguing that the state’s evidence is too weak to justify this drastic measure.
- The Freeze Must Be “Necessary”: This is a critical and often overlooked requirement. The prosecutor must convince a judge that freezing your assets is necessary to ensure future restitution. If you have other significant assets, a stable job, or a strong connection to the community, we can argue that you are not a risk to hide your assets and that the freeze is an unnecessary and punitive action.
The Immediate Consequences of a Frozen Bank Account
An attachment order is more than an inconvenience; it is a full-blown financial crisis deliberately created by the prosecution. The goal is to put maximum pressure on you, and the consequences are swift and severe. This is not a “penalty” for a conviction; this is a pre-trial tactic that can devastate your life long before a jury ever hears your case.
Financial Chaos and Ruin
Suddenly, you cannot pay your mortgage or rent, your car payment, your utility bills, or your credit card bills. Automatic payments will bounce, leading to late fees and damage to your credit score. You may not even have the money to buy groceries or gas. This can lead to eviction, foreclosure, or vehicle repossession, all stemming from a criminal charge that has not been proven.
Inability to Fund Your Own Defense
Perhaps the most dangerous consequence is that an asset freeze can prevent you from hiring the private defense attorney of your choice. A public defender can represent you in the criminal matter, but you have the right to retain your own counsel. By freezing your funds, the state is actively hindering your ability to mount the strongest possible defense. This is why the very first fight we must have is the fight to get your money back.
How an Asset Freeze Plays Out in Real Life — Common Scenarios
These attachment orders can be used in any felony case with an alleged financial loss over $10,000, impacting people from all walks of life across Minnesota.
The Business Owner in Minneapolis
You own a small business in Minneapolis and are accused of a complex white-collar crime like tax or mail fraud. The Hennepin County Attorney’s Office gets an attachment order not only for your personal accounts but also for your business’s operating accounts. Suddenly, you can’t make payroll, pay your suppliers, or keep the lights on. The charge itself hasn’t been proven, but the prosecutor’s action is effectively putting you out of business.
The Innocent Spouse in Rochester
Your spouse is charged with felony embezzlement from their employer in Rochester. The prosecutor obtains an order to freeze your joint checking and savings accounts. Your entire paycheck, which you deposit into that account, is now inaccessible. Even though you are completely innocent and had nothing to do with the alleged crime, your money is now being held hostage by the court.
The Person with Legitimate Funds in Duluth
You are charged with felony theft in Duluth. Years before this, you received a significant inheritance and placed it in a savings account. The prosecutor freezes this account, even though the money has absolutely no connection to the alleged crime. The statute allows this, as the funds do not need to be “proceeds” of the offense. Your legitimate, life-changing inheritance is now locked up.
The College Student in St. Cloud
A young adult attending college in St. Cloud is charged with felony financial card fraud. The prosecutor freezes their bank account, which contains student loan money meant for tuition, housing, and books. The student now faces the risk of being unable to pay for their education and potentially being forced to drop out of school, all before the criminal case is resolved.
How to Thaw Your Accounts: Demanding a Hearing to Release Your Funds
You have an absolute right to fight this. Minnesota Statute § 609.532, subdivision 5, gives you the right to an immediate hearing to contest the freeze and demand the release of your funds. The law provides five specific arguments we can make to a judge to get your money back. My first priority upon being hired is to file this motion and get you in front of a judge as quickly as possible.
We don’t have to prove your innocence in the criminal case to win this hearing. We just need to show the judge that the freeze is unjust or improper under one of these five legal grounds.
Posting a Bond or Surety
The most direct way to unfreeze your accounts is to offer the court an alternative form of security.
- Securing Future Restitution: We can propose posting a property bond or obtaining a surety bond from an insurance company that guarantees funds will be available for restitution if you are convicted. If we provide this adequate guarantee, the judge can order your bank accounts immediately released, giving you access to your liquid cash while the bond secures the court’s interest.
Challenging Probable Cause
We can launch a direct assault on the merits of the state’s criminal case at this very early stage.
- The State’s Evidence is Weak: We can argue to the judge that the criminal complaint is based on flimsy evidence and that the state cannot even meet the low bar of probable cause. If the judge agrees that there is no probable cause to believe you were involved in the offense, the attachment order must be dissolved.
Arguing the Amount is Excessive
The state can be greedy. Often, prosecutors will freeze every penny you have, even if it’s far more than the alleged victim loss.
- Freezing Only What’s Necessary: If the alleged loss is $20,000, but you have $100,000 in your accounts, we can argue that the freeze is excessive. We can ask the judge to release the $80,000 that is not necessary to cover potential restitution, giving you access to the majority of your funds.
The Innocent Joint Account Holder
This is a powerful defense when family members are involved. The law specifically protects the assets of innocent people who share an account with the defendant.
- Tracing the Source of Funds: If you share a joint account with your spouse, a parent, or someone else, we can present evidence—like pay stubs and deposit records—proving that some or all of the money in the account belongs to the innocent party. The court can order the release of the funds that were deposited by the person not accused of a crime.
Arguing the “Interests of Justice”
This is a broad, catch-all defense that allows a judge to use their discretion to do what is fair.
- Demonstrating Hardship: We can argue that the freeze is causing an extreme and unjust hardship. For example, if the frozen funds are needed for urgent medical care, to prevent your family’s eviction, or to pay for your child’s basic needs, a judge may release the funds simply because it is the right and just thing to do.
Minnesota Asset Freeze FAQs — Your Questions Answered
When you’re cut off from your own money, you have urgent questions. Here are clear answers to the most common concerns.
Can they really freeze my account before I’m convicted?
Yes. That is the entire purpose of this statute. It is a pre-trial remedy that allows the prosecutor to freeze your assets based only on a felony charge and a finding of probable cause by a judge.
Does the money in my account have to be from the crime?
No. This is a critical point. The statute specifically says in subdivision 5(c) that it is not a defense that the frozen funds are “clean” money. They can freeze your paycheck, your savings, or any other legitimate funds to hold as collateral for potential restitution.
How quickly can I get a hearing to unfreeze my account?
We can file a motion for a hearing immediately. The courts understand the urgency of these situations, and these hearings are often scheduled on an expedited basis, sometimes within a week or two, depending on the court’s calendar in your county.
What if my innocent spouse deposited their paycheck into our joint account?
This is a strong basis for getting at least part of the funds released. Under subdivision 5(b)(4), we can present evidence that your spouse is an innocent joint account holder and that their money should not be subject to the freeze.
How long can they keep my account frozen?
The initial freeze order lasts for 24 months. However, the prosecutor can ask the court to extend it upon a showing of “good cause.” If the case goes on for a long time, this freeze can last for years.
What happens to the money if I’m found not guilty or the charges are dismissed?
The court must issue an order immediately releasing the freeze and returning full access to your funds. The attachment order is entirely dependent on the pending criminal charge.
Can I use the frozen money to pay for my lawyer?
Not directly. This is the fundamental problem. You cannot write a check or make a wire transfer from the frozen account. This is why our first order of business must be to get the funds released so that you can then pay for your defense and your living expenses.
I just found out about the freeze. When will I get official notice?
The statute requires the prosecutor to send a copy of the attachment order to you or your attorney within ten days of the court issuing it. However, in practice, you often find out from your bank before you ever receive the paperwork.
What if I owe more in restitution than I have in my account?
They can only freeze the funds that are in the account. The attachment order does not create new money; it only locks down what is already there. However, a final restitution order after a conviction can be much higher and can affect you for years.
The alleged loss is $15,000, but they froze my account with a $2,000 balance. Can they do that?
Yes. The $10,000 loss is a threshold requirement for the prosecutor to be able to use the statute. Once they meet that threshold, they can freeze any and all accounts you have, regardless of the balance, up to the total alleged loss amount.
Can they freeze accounts in a different state?
Yes. A Minnesota court order can be domesticated and served on a national bank or financial institution branch located in another state, allowing them to freeze accounts outside of Minnesota.
What happens to the interest earned on the frozen money?
The money remains in your account, which will typically continue to accrue interest as it normally would. The freeze simply prevents withdrawal or disposition. The interest earned is also subject to the freeze.
Is this the same as civil forfeiture?
No. In a forfeiture action, the government is trying to take your property and keep it for its own use. In an attachment action, the government is simply holding your money to preserve it for potential restitution to victims. If you are acquitted, the money is returned to you, not kept by the government.
Does the victim get the money right away?
No. The funds remain frozen until the criminal case is over. Only if you are convicted can the court order the funds to be paid out to victims as restitution.
What is the first thing I should do?
Call a Minnesota criminal defense attorney who has experience fighting these attachment orders. Time is critical. We need to get a motion filed and a hearing scheduled immediately to begin the process of unfreezing your life.
What a Felony Conviction Could Mean For the Rest of Your Life
The attachment of your bank account is a serious and immediate crisis, but it is also a symptom of a much larger problem: the felony charge against you. If you are convicted of a felony financial crime like theft, fraud, or embezzlement, the consequences extend far beyond a frozen bank account and will impact you for the rest of your life.
Prison Time and a Criminal Record
A felony conviction carries the potential for years in state prison. Even if you avoid prison, you will be left with a permanent felony record. This public record of conviction can never be fully sealed or expunged in Minnesota. It will follow you forever, creating constant obstacles in your path.
Devastating Career and Professional Consequences
A conviction for a crime of dishonesty is a career-killer. You will likely lose any professional license you hold (e.g., in accounting, real estate, nursing, or law). Finding future employment will become incredibly difficult, as few companies are willing to hire someone with a theft or fraud conviction for a position of trust.
Loss of Civil Rights
As a convicted felon, you lose the right to vote until you are off probation and the right to own or possess a firearm for the rest of your life. This is a permanent loss of fundamental civil rights that you can never get back.
Financial Ruin from Restitution and Fines
Even if you avoid prison, a court will order you to pay full restitution to the victims, and this restitution order acts as a civil judgment against you. They can garnish your future wages and seize your assets for years until it is paid off. On top of that, the court will impose significant fines, burying you in debt.
You Need an Attorney Who Can Fight the Two-Front War
You are facing a legal crisis on two fronts: the immediate financial emergency of the asset freeze and the long-term existential threat of the felony criminal charge. You need a single, experienced attorney who can develop and execute a unified strategy to fight and win both battles.
My First Priority: Getting Your Money Back
I understand that you cannot mount a proper defense or even live your life while your finances are locked down. The moment you hire me, my first order of business is to file an emergency motion to release your funds. I will use every argument available under the law—from challenging probable cause to demonstrating the undue hardship on your family—to get your accounts thawed so you can regain your footing.
A Seamless, Unified Defense Strategy
I will handle both the civil attachment hearing and the criminal case. This is crucial because the two are inextricably linked. The evidence we present in the hearing to release your funds can give us a preview of the prosecutor’s case and help us build a stronger defense for the criminal trial. I will manage every aspect of your case so that our strategy is seamless, coordinated, and designed to protect both your assets and your liberty.
Experience in Courts Across Minnesota
Prosecutors in different counties have different tendencies. A judge in Hennepin County may view an “interests of justice” argument differently than a judge in a rural county. I have defended clients in courtrooms throughout Minnesota and understand how to tailor my arguments to the specific legal environment you are in. This local knowledge can be the key to winning a critical motion.
Don’t Let Them Starve You Out
The prosecutor’s strategy is clear: by freezing your assets, they hope to starve you out, leaving you with no choice but to accept a bad plea deal. Do not let them win. Hiring an aggressive attorney who will immediately fight to get your money back is the single most important decision you can make. It sends a message that you will not be bullied and that you are prepared to fight for your rights. Call me today, and let’s start the fight to unfreeze your life.