Drug Asset Forfeiture in Illinois

 Posted on November 25,2016 in Drug Charges

Getting arrested for a drug offense, such as possession or intent to distribute, is a bad situation on its own. If you are convicted for such an offense, you can face jail time and fees. However,getting caught with drugs can also mean that you will lose personal property, such as your car or other assets, if such assets are affiliated with the drug offense. Drug asset forfeiture is a common practice in Illinois, yetmany people are unaware of it until it happens to them or someone they know.

If you are charged with a drug crime, you might be subjected to Illinois’ drug asset forfeiture laws. Under these laws, property that is associated with drug activity or a crime can be seized by law enforcement. The point of the seizure is to limit the amount of resources that are available for criminal activity. If your personal property is taken by law enforcement under state asset forfeiture laws, it may take a long time to get your seized assets back, and recovery of your seized property can be at a great cost to you.

What Types of Assets Can Be Seized?

Under the Illinois drug asset forfeiture laws, police do not have to arrest anyone or have a warrant to make a seizure of property involved in criminal drug activity. Instead, law enforcement can simply seize any personal property that is involved in a drug crime. Examples of assets that are commonly seized under civil asset forfeiture include motor vehicles, cash, real estate, home, electronics, equipment, and more.

Recovering Seized Property

Even if your underlying drug charges are dropped or defeated, or if you are only given probation or court supervision, your seized property will not automatically be returned to you. Rather, you will have to enter a claim to obtain your seized property.

Recovering your seized property can be a difficult process. The owner of the property has the burden of proving that the personal property was not involved in the criminal activity and should not have been seized. Property owners must demonstrate that the property was obtained in a legitimate way, was not used for criminal activity, and that the property owner will suffer financial hardship without their seized property.

Call an Experienced Drug Offenses Lawyer

There is no doubt that drug offenses carry serious consequences, and if you have been charged with a drug crime, it is important to get in touch with an experienced criminal defense lawyer quickly. A skilled attorney can begin crafting a defense to your original drug crimes, as well as help you devise a way to recover your seized property. Please feel free to contact a Rolling Meadows criminal defense attorney for assistance. We are prepared to help you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1977&ChapterID=54