Illinois Asset Forfeiture Laws

If you have been arrested for a drug crime, you face a potentially costly penalty beyond a fine and jail time. Police can also take your property under asset forfeiture laws if it is determined the property was used in or derived from criminal activity. Police can take your money, your vehicle, your bank accounts, your home and other assets, even if you are not convicted of the underlying criminal charges.

At The Law Office of Philip R. Nathe, we have a solid understanding of asset forfeiture laws and defenses. Attorney Philip R. Nathe has more than 30 years of experience in the DuPage County criminal justice system, including prosecuting a range of drug and other crimes as an assistant state's attorney. We offer a free initial consultation to discuss your case.

Can Police Take My Property?

The short answer is, yes. Asset forfeiture is a civil procedure, which means the standard of proof is lower than in a criminal case. Police only have to prove by a preponderance of evidence (51 percent) that the asset was used in or derived from criminal activity. With the budget problems that many cities face, asset forfeiture is increasingly seen as a way to fund public safety programs.

There are defenses to asset forfeiture such as:

  • The assets were not derived from or used in criminal activity
  • Taking the asset would cause undue hardship (for example, if police want to take your car and it is the only vehicle in your family)
  • If you are an innocent owner (for example, if the person driving your car to deliver drugs did not own the vehicle)

Contact a Naperville Drug Asset Forfeiture Procedure Act Lawyer

For more information about Illinois asset forfeiture laws, turn to the Law Office of Philip R. Nathe. Our decades of experience allows us to provide our clients with an aggressive and effective defense. To schedule a free initial consultation with attorney Philip R. Nathe, call 630.364.4621, toll free at 888.583.6197 or simply contact us online.

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