Illinois Criminal Charges and Civil Asset Forfeiture

 Posted on February 21, 2025 in Criminal Law

Every year, Illinois law enforcement agencies take cash, vehicles, land, and other assets worth tens of millions of dollars from residents through civil asset forfeiture. Civil asset forfeiture allows the police to take property they believe was used in the commission of a crime. In the past, these items have sometimes been taken through civil asset forfeiture without bringing criminal charges – let alone convictions.

Since 2005, the state of Illinois has put more than $319 million dollars in the state coffers that came from the asset forfeitures of private citizens. If you are charged with a criminal offense that includes asset seizure, you need an experienced Naperville, IL criminal defense attorney to aggressively defend your charges. The best way to avoid civil asset forfeiture is to be found not guilty of criminal charges against you or to have the charges dropped.   

What Types of Property Can the Police Take Under Civil Asset Forfeiture?

The laws have changed somewhat over the past five years to prohibit the seizure of assets until a person has been convicted of the crime, along with higher amounts of money and criminal activity necessary for asset seizure. There are three types of property most commonly taken by police under civil asset forfeiture laws. These include:

• Vehicles that the police believe were used in the commission of a crime.
• Cash, when it is believed to be the proceeds of a crime.
• Anything believed to be purchased with money garnered from a crime, including a person’s home.

What if Your Car Was Taken, and You Need It to Get to Work or to Medical Appointments?

If your vehicle was taken and you desperately need it to get to work, childcare, school, or doctor’s appointments, you can file a "hardship motion." This motion asks the court to temporarily return your car pending the outcome of your criminal case. A hardship motion must be filed within 28 days after the preliminary review hearing in your asset forfeiture case.

What if Your Property was Seized, but You Are Not the Person Accused of a Crime?

If your property was seized but you were not involved in the alleged crime, you have the right to an "innocent owner" hearing. It is not necessary to wait until the criminal case is resolved to ask for a hearing, but you do have to wait until the criminal case is started.

You will need to file a motion with a supporting affidavit that explains you are the legal owner of the property and that you purchased the property with the money you made through legal employment. The affidavit will need to state that you were not legally responsible for the conduct in question and did not know about the criminal conduct.

How Are Seized Assets Generally Handled?

The police have 60 days after seizing your assets to tell the state’s attorney, who will have a court hearing to determine whether the police were justified in taking your property. If the answer to that question is "yes," the state’s attorney has 28 days to let you know that the seized assets will not be returned. If your property is not a home or land, is worth less than $150,000, or the alleged crime is drug-related or concerns money laundering, you must respond to the notice within 45 days via a claim letter to the State’s Attorney’s office.

Contact a DuPage County, IL Criminal Defense Attorney

It is extremely important that your charges are dropped or you are found not guilty of your charged offense. Not only will you avoid jail or prison, extremely high fines, and the long-term consequences of a criminal conviction, but you will also be able to have any seized assets returned to you.

A knowledgeable Naperville, IL criminal defense lawyer from Appelman Law LLC is ready to help you achieve the best outcome possible.  Attorney Appelman is highly skilled in comprehensively building a strong defense while providing aggressive advocacy for his clients. In addition to his law degree, he also has a master’s degree in forensic psychology. Call 630-717-7801 to schedule your free consultation.