How Far Can Illinois Drug Asset Forfeiture Reach?

 Posted on December 09, 2016 in Drug Charges

Begin caught while committing a drug offense and/or being charged with a drug offense is tough in its own right. You will need to hire a criminal defense lawyer and go to court, and you can potentially face jail time, fines, probation, and a criminal record that will be with you for a long time. Additionally,the police can take your personal property if it is associated with the drug offense, such as your car, money, or other belongings.

Illinois Drug Asset Forfeiture Laws Are Far-Reaching

Illinois has certainaggressive and broad drug asset forfeiture laws. Under Illinois drug asset forfeiture laws, any property that is associated with criminal drug activity can be seized by the police. This causes many problems for people who own property that was taken into custody by police. These laws do not distinguish between the person who allegedly committed a crime and who actually owns the property. Moreover,the laws extend to other items that may have been purchased with money associated with a crime. Finally, the property is not automatically released if the charges against the alleged offender are dropped.

If you borrowed your mother’s car, went driving to your friend’s house, and for some reason were pulled over, the car was searched, drugs were found, and you were arrested, your mother’s car could be seized under the state’s drug asset forfeiture laws—even though it is not your car. Your mother will have to request that her car be returned to her, which can be a time-consuming hassle.

Additionally, the Fourth District Appeals Court just recently held that the police can also seize property that was purchased with money associated with drug crimes when there is a direct link between the property and the drug money. According to the Herald & Review, an Illinois woman lost out on a $50,000 winning lottery ticket because it was suspected by police to have been purchased with drug money. The woman herself was not directly involved with drugs, rather her boyfriend was, but the police took her winning lottery ticking nonetheless.

The point is that while being charged with a drug crime directly affects you and your loved ones, there can be other complications for those who are close to you as well, pending their property ends up muddled in with your alleged offense.

Let Us Help You Today

If you have been arrested and charged with a drug offense, you need to focus on fighting and beating the drug charges that have been lodged against you. The consequences for a drug conviction are very serious and could have a long-term impact on your life. Whether you are facing charges for possession of a controlled substance or cannabis, distribution, or manufacturing drugs, you should speak with a skilled Rolling Meadows criminal defense attorney who has a lot of experience handling drug cases.

Source:

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