What You Need to Know About Criminal Asset Forfeiture in Chicago

When law enforcement takes your property in connection with a criminal investigation, the process that follows can feel overwhelming and unfair. Whether you were arrested for a drug offense, suspected of fraud, or even just pulled over with a large amount of cash, the government may attempt to seize your property through a process called criminal asset forfeiture. And in Chicago, these cases are more common than you might think.

Asset forfeiture isn’t limited to high-profile federal cases. It happens every day in Cook County. People lose their vehicles, money, electronics, and even their homes—not because they were convicted of a crime, but because law enforcement claims the property was used in or obtained through illegal activity. This is where having the right criminal defense attorney becomes critical.

Understanding What Asset Forfeiture Means in Illinois

Under Illinois law, asset forfeiture can occur in connection with criminal allegations, especially drug offenses under the Illinois Controlled Substances Act. The statute most frequently cited in these cases is 720 ILCS 570/505, which authorizes the seizure of property tied to drug crimes. Other statutes such as 720 ILCS 5/36 allow for vehicle forfeiture, while 725 ILCS 150/1 governs the procedures under the Drug Asset Forfeiture Procedure Act (DAFPA).

Here’s the core issue: the government doesn’t have to convict you before trying to keep your property. In many civil forfeiture cases, the state only needs to prove by a “preponderance of the evidence” that the property is linked to a crime. That’s a much lower burden than “beyond a reasonable doubt,” which is required in criminal trials. This means you can lose your assets even if your criminal case ends in a dismissal or acquittal.

The most commonly seized items in Chicago include:

• Vehicles allegedly used in transporting drugs or firearms
• Cash found during traffic stops or home searches
• Cell phones, computers, or other electronics
• Jewelry, clothing, or luxury goods purchased with allegedly tainted funds
• Real estate connected to suspected criminal activity

Even if the item belongs to a third party—a family member, friend, or business—it can be seized and forfeited unless that owner comes forward to challenge the process.

How Forfeiture Starts: From Arrest to Seizure

In many cases, forfeiture begins at the moment of arrest or investigation. If police suspect that your vehicle, cash, or other property is connected to a crime, they may seize it on the spot. You’ll likely receive a property seizure receipt or notice of intent to pursue forfeiture. The property is then turned over to the prosecuting agency or law enforcement department.

In drug-related cases, the government has 45 days under 725 ILCS 150/6 to initiate formal forfeiture proceedings. This often comes in the form of a civil complaint filed in court, listing the items to be forfeited and the basis for the claim. If the prosecutor fails to file this complaint in time, or fails to serve you properly, the case may be thrown out.

You, as the property owner or interested party, then have a narrow window to respond. In most cases, that’s 45 days from the date you receive the complaint. If you fail to respond, the court may automatically grant forfeiture through a default judgment. That’s why having legal representation early on is so important.

What Happens If Your Property Is Seized?

Once your assets are taken, they typically remain in the custody of the seizing agency until a judge decides whether forfeiture is appropriate. In Chicago, seized vehicles are often stored at police impound lots. Cash is usually deposited into a holding account or evidence fund.

This isn’t just an inconvenience. Having your car taken may prevent you from getting to work or caring for your family. Losing cash may jeopardize your ability to pay rent or legal bills. And if the property was essential to your business, the seizure could destroy your income overnight.

Although the police may promise to return the property later, that rarely happens automatically. You must take affirmative steps—filing a verified claim, attending court hearings, responding to discovery—to preserve your rights. Without an attorney, it’s easy to miss deadlines or make mistakes that cost you everything.

The Government’s Tactics in Forfeiture Cases

Law enforcement agencies in Chicago have a financial incentive to seize and forfeit property. Under Illinois law, a portion of forfeited assets may be kept by the seizing agency to fund operations, purchase equipment, or finance investigations. This creates an inherent conflict of interest, where officers and departments benefit directly from property they claim is tied to crime.

As a result, prosecutors and police often cast a wide net. They may argue that:

• Carrying more than a few hundred dollars in cash is inherently suspicious
• A vehicle driven by someone accused of a crime is automatically subject to forfeiture
• Property bought with money from an unknown source must be linked to illegal activity

The burden then shifts to you to prove that the asset was lawfully obtained and unrelated to any wrongdoing. This is not a position you want to face alone.

Building a Strong Defense Against Asset Forfeiture

If your property was taken in Chicago due to a criminal investigation, you still have rights. A criminal defense lawyer with experience in asset forfeiture cases can challenge the state’s claims, uncover weaknesses in the evidence, and help you build a legitimate claim to keep what’s yours.

Some common defense strategies include:

Lack of Probable Cause for the Seizure: If the initial stop or search violated your constitutional rights, we may be able to suppress the evidence and invalidate the seizure entirely.

Legitimate Source of Funds: Bank records, pay stubs, tax returns, or affidavits from employers can prove that seized cash or assets were legally obtained.

Innocent Owner Defense: If the property belongs to someone who had no knowledge of or involvement in the alleged crime, that person may be entitled to have it returned.

Procedural Errors by the State: If the state misses deadlines or fails to notify you properly, the forfeiture action can be dismissed on technical grounds.

Criminal Charges and Asset Forfeiture: How They Interact

Your criminal case and your forfeiture case are deeply connected. Even if they proceed in separate courtrooms, the evidence and outcomes in one may affect the other. For example, a guilty plea in the criminal case may be used as evidence in the forfeiture case. Similarly, if your criminal case is dismissed, you may have leverage to recover your seized property.

This is why it’s critical to hire a lawyer who understands both areas of law. Some attorneys focus only on the criminal side, leaving clients vulnerable to permanent asset loss. At The Law Offices of David L. Freidberg, we handle both aspects simultaneously to ensure nothing is overlooked.

Why You Should Never Wait to Get Legal Help

The asset forfeiture process moves fast. In some cases, prosecutors file for default judgment before you’ve had a chance to respond. In others, they delay proceedings while holding onto your property for months or even years. Either scenario puts you at a disadvantage.

Waiting to contact an attorney can cost you not only your property but also your bargaining power in the criminal case. Prosecutors may use forfeiture as leverage to pressure you into taking a plea deal—even if the charges are weak. The sooner we intervene, the better chance we have of protecting both your freedom and your assets.

What Sets Our Firm Apart

The Law Offices of David L. Freidberg has decades of experience defending clients in criminal court and in asset forfeiture proceedings. We understand the pressure you’re under and the risks you face. Our approach is aggressive, strategic, and tailored to your unique case. We don’t just fight the charges—we fight for your property, your rights, and your future.

We’ve helped clients recover seized vehicles, reclaim thousands of dollars in cash, and defeat forfeiture claims that had no basis in fact or law. Whether your case involves the Chicago Police Department, Cook County State’s Attorney, or federal agencies, we’re ready to take action on your behalf.

Call the Law Offices of David L. Freidberg for a Free Consultation

If your property was seized in connection with a criminal case in Chicago, don’t wait. Every day that passes puts your rights at greater risk. Call The Law Offices of David L. Freidberg today for a free, confidential consultation.

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.