If you’re facing asset forfeiture in Chicago, you’re probably feeling overwhelmed and unsure of what to do next. The idea of the government seizing your property, even if you haven’t been charged with a crime, is scary. But don’t panic. There are experienced Chicago forfeiture and seizure lawyers who can help you fight back and protect your rights.
What is Asset Forfeiture?
Asset forfeiture is a legal process that allows law enforcement to seize property they believe is connected to criminal activity. This can include cash, vehicles, real estate, and other valuable assets. There are two main types of asset forfeiture:
- Criminal forfeiture: This happens after a person is convicted of a crime. The government seizes property that they can prove was used in the crime or purchased with money from illegal activity.
- Civil forfeiture: This is where things get tricky. With civil forfeiture, your property can be seized even if you are never charged with or convicted of a crime. The government only needs to show that the property is somehow connected to illegal activity.
Here’s the kicker – in Illinois, law enforcement gets to keep 90% of the proceeds from civil forfeiture2. So they have a big financial incentive to seize as much property as possible, even if the owners are innocent.
Real Life Examples
To give you an idea of how this plays out in real life, let’s look at a couple examples:
- Let’s say you’re driving through Chicago with a large amount of cash to buy a used car. The police pull you over for a minor traffic violation, search your car, and find the money. They might assume the cash is connected to drug dealing and seize it, even if you have proof that it’s for a legitimate purpose2.
- Or maybe you own a small business, and one of your employees is secretly selling drugs out of the back room without your knowledge. The police could seize your entire business and all its assets, claiming that the property was used in a crime2. You’d have to go to court to try to get it back.
Scary, right? Unfortunately, this happens more often than you might think. In 2020 alone, federal law enforcement seized over $1.7 billion in assets1. And Chicago police regularly rake in millions through civil forfeiture1.
What To Do If Your Assets Are Seized
If you find yourself in this nightmare scenario, the first thing to do is contact an experienced Chicago asset forfeiture attorney. You’ll need to act fast, because there are deadlines to file a claim to get your property back1. Miss the deadline, and you could lose your assets for good.A good forfeiture lawyer will jump into action and:
- File a claim on your behalf demanding the return of your property
- Investigate the seizure to look for any misconduct by law enforcement
- Gather evidence to prove that you were not involved in any crime and that your property was not purchased with illegal funds
- Negotiate with the government agency to try to get your assets back without going to court
- Represent you in court hearings and fight to prove that the forfeiture was unjustified
The key is to have an attorney who knows the ins and outs of Illinois’ complex forfeiture laws and has experience going up against powerful government agencies. They can level the playing field and give you the best chance of getting your property back.
Choosing the Right Forfeiture Attorney
Not all lawyers have the specialized skills needed to win a forfeiture case. When choosing an attorney, look for someone who:
- Has specific experience with civil and criminal forfeiture cases
- Knows the unique rules and procedures involved in challenging a seizure
- Has a track record of successfully recovering assets for clients
- Is not afraid to take on big government agencies like the FBI, DEA, and Homeland Security1
- Understands the financial burden of having your assets seized and offers contingency fees (you only pay if you win)1
The Chicago forfeiture attorneys at Edward Johnson and Associates, for example, check all these boxes. They’ve gone up against the toughest government agencies and recovered millions in seized assets for their clients1.
Possible Defenses Against Forfeiture
An skilled attorney will look for any possible defense to challenge the forfeiture. Some common defenses include:
- Innocent owner defense: This applies if you can prove that you were not involved in any illegal activity and had no knowledge that your property was being used for a crime2.
- Disproportional punishment: The Eighth Amendment prohibits “excessive fines.” If the value of the seized property is way out of proportion to the seriousness of the alleged crime, your lawyer could argue that the forfeiture violates your constitutional rights2.
- Illegal search and seizure: If the police violated your Fourth Amendment rights by conducting an illegal search or seizing your property without probable cause, your attorney could file a motion to suppress the evidence2.
- Lack of notice: The government is required to notify you of the forfeiture and give you time to respond. If they failed to provide proper notice, that could be grounds to challenge the seizure2.
The key is to have a knowledgeable attorney examine the specific facts of your case and build the strongest possible defense. Every case is unique, so it’s important to have a lawyer who will dig into the details and find any weakness in the government’s forfeiture action.
The Burden of Proof
One important thing to understand is that with civil forfeiture, the burden of proof is on YOU to show that your property was not connected to a crime2. Previously, the owner had to prove that they deserved to get their property back.But in 2017, Illinois passed some reforms to their forfeiture laws. The burden is now on the state to prove that the seized property was used in a crime2. This is good news for property owners, but it’s still an uphill battle.That’s why it’s so critical to have a skilled forfeiture attorney in your corner who knows how to gather the right evidence and poke holes in the government’s case. You’ll need to convince a judge that the seizure was unjustified if you want to get your assets back.
