Fighting Back Against Unfair Drug Asset Seizures in Illinois: What You Need to Know About 725 ILCS 150/1

If you’ve had your property taken by law enforcement in connection with a drug investigation, you’re not alone—and you may be shocked to learn that the State of Illinois can try to keep your assets even if you were never convicted of a crime. Under the Illinois Drug Asset Forfeiture Procedure Act (725 ILCS 150/1), law enforcement has the power to seize cash, vehicles, homes, and personal belongings if they claim there’s a link to illegal drug activity.

For people living in and around Chicago, the consequences are very real. Police often conduct aggressive seizures during traffic stops, raids, and undercover investigations. Assets are taken with the presumption of guilt—and if you don’t act fast, the State may end up keeping your property for good.

Let’s break down how this law works, why it’s so controversial, and what your options are if your property is seized in Illinois.

What Is the Illinois Drug Asset Forfeiture Procedure Act?

The Illinois Drug Asset Forfeiture Procedure Act, often referred to simply as “the forfeiture statute,” is codified under 725 ILCS 150/1 through 150/14. This law gives police and prosecutors the authority to seize and forfeit any property they believe was used to commit or facilitate a drug crime, or that was acquired through proceeds of illegal drug activity.

Unlike criminal prosecutions, asset forfeiture cases are civil in nature, which means the government sues the property itself—not the person who owns it. These cases are known as in rem actions. So, if police seize your vehicle, the case might be titled “State of Illinois v. 2015 Ford Explorer” rather than your name.

The law allows the State to pursue forfeiture even if no criminal charges are filed, and even if the accused is acquitted at trial. That’s what makes the process particularly harsh—and why people often feel blindsided when their property is taken and they can’t get it back.

What Kinds of Property Can Be Forfeited?

Under Illinois law, any property believed to be connected to a drug offense may be seized and forfeited. This includes:

• Cash found during traffic stops or searches
• Vehicles allegedly used to transport drugs or drug proceeds
• Homes or real estate linked to drug storage or sales
• Cell phones, computers, firearms, or jewelry used in or acquired through drug activity
• Bank accounts or safes connected to illegal transactions

The most common forfeitures in Chicago involve vehicles and cash. If a person is stopped for a traffic violation and police claim to smell cannabis or observe “suspicious behavior,” they may conduct a search. If money is found, officers often seize it under the assumption that it’s tied to drug sales—even if no drugs are recovered and no charges are filed.

How the Forfeiture Process Works in Illinois

Once property is seized under 725 ILCS 150/1, the State has 28 days to send written notice of forfeiture proceedings. This notice is typically mailed to the property owner’s last known address. The owner then has 45 days from the date of receiving that notice to file a verified claim in court asserting a legal interest in the property.

Failing to file that claim results in default judgment—meaning the State keeps your property without ever proving the connection to drugs in court.

If a verified claim is filed, the case proceeds to a civil trial. The burden of proof is on the State, but it’s not the same high standard as in criminal court. Instead of “beyond a reasonable doubt,” the State only needs to show by a preponderance of the evidence that the property was connected to drug activity.

In practice, this means your car or cash could be permanently taken based on a judge’s belief that it was “more likely than not” tied to illegal activity—even without any criminal conviction.

What Makes These Cases So Unfair?

One of the biggest criticisms of Illinois’ drug asset forfeiture law is that it puts the burden on you, the property owner, to fight back—even when you’ve done nothing wrong. It often feels like being guilty until proven innocent.

For example, suppose you loan your car to a friend or relative, and they’re stopped with a small amount of cocaine or cannabis. Police may seize your vehicle and initiate forfeiture proceedings. Even though you had no idea your vehicle was being misused, the State may claim it facilitated a drug crime.

That’s where the “innocent owner defense” comes in—but it’s your responsibility to prove that defense. You’ll need to demonstrate that you had no knowledge of the drug-related activity and no reason to suspect it.

Another common injustice happens with cash seizures. Many people in Chicago’s working-class neighborhoods deal primarily in cash—either due to lack of access to banks or as part of informal businesses. If police find $1,000 or more during a stop, they may assume it’s drug money. And if you don’t respond in time, that money is gone.

Legal Defenses to Asset Forfeiture

Just because the State seizes your property doesn’t mean it gets to keep it. An experienced defense attorney can raise several legal challenges depending on the facts of the case.

First, if the search or seizure was unlawful, any evidence recovered—including your property—may be subject to suppression. That applies if police lacked probable cause, violated your Fourth Amendment rights, or conducted an improper search of your home or vehicle.

Second, your lawyer may challenge whether there is a sufficient connection between the property and the alleged drug activity. This is especially important in cash seizure cases, where the State often lacks direct evidence linking the money to drugs.

Third, if you are an innocent owner, your attorney can argue that you had no knowledge of any drug-related use of the property. This defense is powerful when a car, home, or account was misused by another person without your involvement.

Finally, your attorney can scrutinize the timing and procedural requirements of the forfeiture notice. If the State failed to comply with the statutory deadlines under 725 ILCS 150/5 or 150/6, the case may be dismissed entirely.

Why Acting Quickly Is Essential

You only have 45 days to file a verified claim once the State sends notice. If you miss that deadline—even by a day—you risk losing your property forever. These deadlines are strict, and courts rarely grant extensions.

That’s why it’s critical to speak with a lawyer immediately if you receive a forfeiture notice or if your property is seized during a traffic stop or investigation. The sooner your attorney can review the facts, file a claim, and begin building a defense, the better your chances of success.

How an Attorney Helps You Fight Back

Fighting asset forfeiture is not a DIY process. The law is complex, the court rules are strict, and the stakes are high. Hiring a private defense attorney gives you a powerful advantage.

Your attorney can:

• Investigate the basis for the seizure and gather evidence in your favor
• File all necessary paperwork with the court within the required timeframes
• Argue for the return of your property through motions, hearings, or negotiation
• Fight to suppress illegally obtained evidence
• Protect your rights during any overlapping criminal investigation

In many cases, having an attorney involved from the beginning makes law enforcement and prosecutors less aggressive. They know they’ll be held accountable to the law—and they know they’ll have to prove their case in court.

Don’t Let the State Keep What’s Yours

Illinois’ forfeiture laws are designed to punish drug traffickers, but they’re often used against innocent people. Whether you’re facing a criminal drug charge or your assets were taken without a conviction, you have the right to contest the seizure and demand justice.

The legal system may feel stacked against you, but that doesn’t mean you’re out of options. At The Law Offices of David L. Freidberg, we’ve helped countless clients in Chicago and across Illinois fight back against unfair forfeiture actions—and win.

Free Consultation – 24/7 Legal Help

If your property was seized by police in connection with a drug investigation in Chicago, don’t wait to get legal help. We’re available 24 hours a day, 7 days a week to provide aggressive, strategic defense.

The Law Offices of David L. Freidberg provides aggressive legal representation throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated representation in Will County, DuPage County, Cook County, Lake County, and the greater Chicago area.