Protect Your Property From Being Taken Under 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 know the ins-and-outs of the criminal justice system. Our founder, Philip Nathe, has over three decades of experience as a legal representative. He knows how to protect your property from undue forfeiture. Send us an email to set up a free consultation.
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)
Learn How We Can Assist You
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 for all types of drug charges. Complete our online form to schedule a free initial consultation with attorney Philip R. Nathe, or call 630-364-4621, toll free at 1-888-583-6197.
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