How To Fight Asset Forfeiture in an Illinois Drug Case

 Posted on July 31, 2025 in Drug Offenses

If you have been accused of a drug crime in Illinois, asset forfeiture might be one of several consequences you face. Even if you are not convicted of a crime, the government may still try to keep your property. Knowing your rights and how to fight back is essential. A strong legal defense can make the difference between keeping and losing what belongs to you. Talk to an experienced Naperville, IL drug crimes defense attorney about the legal options available to you.

What Is Civil Asset Forfeiture in Illinois?

Civil asset forfeiture allows the government to take property it believes is connected to a crime, even if the owner is not charged. In drug cases, the police may take cash, vehicles, or other valuable items if they think those items were used in or gained from drug activity. Unlike criminal forfeiture, which requires a conviction, civil forfeiture treats the property itself as the focus of the case. The government only has to show that it is more likely than not that the property is linked to illegal drugs.

Under 720 ILCS 570/505, the Illinois Controlled Substances Act lists property that may be forfeited. This includes illegal drugs, drug manufacturing tools, and any vehicles or cash linked to a drug offense.

What Role Does Asset Forfeiture Play in Illinois Drug Charges?

Asset forfeiture is often used by police and prosecutors as part of larger drug investigations. It allows them to take resources they believe are helping fund drug activity. For example, if you are pulled over and found with a large amount of cash, law enforcement may claim it is drug money and seize it, even if no charges are filed. The Drug Asset Forfeiture Procedure Act governs how forfeiture cases proceed. It outlines deadlines and notice requirements that the government must follow before keeping seized property.

Prosecutors may also use the threat of forfeiture to put pressure on defendants. This tactic can make it harder to afford a strong defense, which is why it is important to challenge seizures early with the help of a knowledgeable attorney.

Legal Grounds for Challenging Asset Forfeiture in Illinois

Legal strategies you can use to challenge the government’s attempt to keep your property will vary based on the details of your situation. However, common grounds include:

• Lack of connection to drug activity: You can argue that the property was legally obtained and unrelated to any drug crime.

• Illegal search or seizure: If the police violated your Fourth Amendment rights, the forfeiture may be thrown out.

• Failure to follow legal procedures: The government must meet strict deadlines and notice rules under 725 ILCS 150, or the case can be dismissed.

• Innocent owner defense: You may claim you had no knowledge of or involvement in the alleged illegal use of your property.

• Excessive penalty: Forfeiture cannot be overly harsh compared to the seriousness of the offense.

Contact a Naperville, IL Asset Forfeiture Defense Attorney

If your assets have been seized in connection with a drug case, the knowledgeable Naperville, IL criminal defense lawyer at Law Office of Philip R. Nathe is ready to help. With years of experience handling criminal defense and forfeiture matters, we know how to navigate the system and fight for your rights. 

Attorney Philip R. Nathe brings a unique perspective as a former Assistant State’s Attorney in DuPage County, giving him insight into how both prosecutors and defense attorneys approach these cases. To protect your property and build a strong defense, call 630-416-7600 and schedule a free consultation.