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Illinois’ Drug Asset Forfeiture Procedure Act
Challenging Drug Asset Forfeiture in Chicago Under Illinois Law
Chicago is known for its neighborhoods, culture, and history—but it also has some of the highest levels of drug enforcement activity in the state. In Cook County, law enforcement agencies often rely on a powerful legal tool to seize property connected to suspected drug crimes: the Illinois Drug Asset Forfeiture Procedure Act. This statute, codified at 725 ILCS 150/1, allows the government to take and keep money, vehicles, homes, and other assets—even when no criminal conviction has occurred.
For anyone in Chicago accused of a drug offense or who has had their property seized by the police, understanding this law is essential. Asset forfeiture is not just a side issue in criminal cases. It can become one of the most financially and emotionally devastating parts of the process. Property is often seized during a raid, traffic stop, or arrest, and getting it back is far more complex than people expect.
At The Law Offices of David L. Freidberg, we represent clients throughout Cook County and across Illinois who are fighting back against unlawful or unfair asset forfeitures tied to drug investigations. Whether you’ve been charged with possession, delivery, or manufacturing—or simply had your property taken—we’re here to help you understand the law, your rights, and your options.
The Illinois Drug Asset Forfeiture Procedure Act: An Overview
The Illinois Drug Asset Forfeiture Procedure Act is found at 725 ILCS 150/1 through 150/14. This law governs how the State of Illinois can seize and attempt to permanently forfeit property allegedly connected to drug offenses. Importantly, the property itself is considered the “defendant” in these cases, not the person who owns it. This is known as in remforfeiture.
Under the Act, law enforcement agencies can seize property that is:
- Used or intended to be used in connection with a violation of the Illinois Controlled Substances Act
- Proceeds derived from drug trafficking or possession
- Property acquired through the exchange of illegal substances
- Property used to facilitate the sale, transportation, or concealment of drugs
Items commonly seized include cash, vehicles, real estate, cell phones, firearms, jewelry, and other valuables. In Chicago, the Chicago Police Department (CPD), DEA task forces, and suburban law enforcement units routinely coordinate to target high-value assets during narcotics investigations.
Once seized, property can be held pending forfeiture proceedings. In many cases, property is never returned unless the owner takes swift legal action to contest the seizure.
How Criminal and Civil Proceedings Intersect Under the Forfeiture Act
Drug asset forfeiture in Illinois often runs parallel to criminal cases, but they are separate legal matters. Someone can have property seized—even permanently forfeited—without ever being convicted of a crime. This is one of the most controversial aspects of the law. While the Illinois Supreme Court and U.S. Supreme Court have upheld asset forfeiture as constitutional, the practice continues to raise serious due process concerns.
For example, a Chicago resident stopped for a minor traffic violation might be found with a small quantity of a controlled substance. During the stop, officers seize $4,000 in cash and the person’s vehicle. Even if the criminal case is later dismissed, the State may still attempt to keep the money and the car.
The forfeiture process under 725 ILCS 150/6 requires the State to serve notice to the property owner within a certain timeframe. The owner must then file a verified claim within 45 days. If they fail to do so, the State can obtain a default judgment and permanently forfeit the property. If a claim is filed, the case proceeds to a civil bench trial, where the State must prove by a preponderance of the evidence that the property is subject to forfeiture.
Because these proceedings are civil—not criminal—many of the constitutional protections that apply to criminal cases do not apply in full force in forfeiture actions.
The Criminal Case Process and Why It Matters in Asset Seizures
Drug charges in Chicago generally fall under the Illinois Controlled Substances Act (720 ILCS 570/). These offenses can range from Class 4 felonies for small-scale possession to Class X felonies for trafficking, manufacturing, or delivery of larger quantities. While the classification of a charge affects the criminal penalties, it also affects the nature of the asset forfeiture action.
If a person is convicted of a drug felony, the State’s forfeiture case is strengthened. However, forfeiture can—and often does—proceed even without a conviction. That’s why understanding how the criminal case unfolds is critical. The arrest, the evidence, and the procedures followed by police all feed into the validity of the related asset seizure.
The typical criminal case begins with an arrest, which may occur after a search warrant, controlled buy, traffic stop, or surveillance operation. Officers then submit their reports, and prosecutors file formal charges. If you’re in Chicago, your case will be heard at the Cook County Criminal Courthouse at 26th and California or one of the branch courts.
Pretrial motions, bond hearings, and discovery all take place as your attorney begins to evaluate the evidence. Your criminal defense strategy will directly impact whether the State can meet its burden in the asset forfeiture case. If the initial stop or search was unlawful, your lawyer can move to suppress evidence and argue that the asset seizure was also unconstitutional.
Evidence Used in Drug and Forfeiture Cases
In both criminal prosecutions and forfeiture proceedings, law enforcement relies on a range of evidence to justify the seizure and potential forfeiture of assets. This includes:
- Police reports detailing the stop or investigation
- Surveillance footage or photos
- Cash seized and how it was packaged
- Drug-sniffing dog alerts
- Witness statements or informant testimony
- Forensic drug analysis reports
- Bank records or transaction data
One of the key tactics in these cases is connecting cash or property to alleged drug activity. In some cases, the only connection is that the cash was found near drugs or that the amount seems “suspicious.” But suspicion alone is not proof.
In Chicago, we often see forfeiture actions where the underlying evidence is thin, incomplete, or the result of a Fourth Amendment violation. When that’s the case, a strong defense can make all the difference.
Legal Defenses to Drug Asset Forfeiture in Illinois
There are several effective legal defenses in asset forfeiture cases—especially when they are pursued quickly and aggressively. Some of the most successful arguments include:
- Innocent Owner Defense: The property owner had no knowledge of or involvement in the alleged drug activity. For example, a parent’s car used by an adult child to transport drugs without their knowledge.
- Unlawful Search and Seizure: If the underlying stop or search was unconstitutional, any evidence obtained—including seized assets—may be inadmissible.
- Lack of Nexus: The State must show a substantial connection between the property and the alleged drug offense. If the property was merely near drugs or cash, but no link is proven, forfeiture may not be justified.
- Procedural Violations: If the State fails to follow the timing, notice, or service requirements under 725 ILCS 150/5 and 150/6, the forfeiture case can be dismissed.
A seasoned defense attorney can raise these arguments and demand that the State meet its burden in court.
Why You Need an Attorney from Day One
Because of the aggressive nature of forfeiture law in Chicago, it is critical to get legal counsel the moment your property is seized. Every hour counts when it comes to responding to forfeiture notices, filing claims, preserving evidence, and challenging the seizure in court.
Without an attorney, you risk defaulting on your claim or missing key legal deadlines. Worse, you may unknowingly waive rights or make statements that harm both your criminal case and your chance of recovering your property.
A criminal defense attorney who understands asset forfeiture law can manage both your criminal and civil cases, ensuring a coordinated and effective legal strategy that protects your property and your freedom.
What to Ask During Your Free Consultation
When speaking with a potential defense attorney about a drug-related asset forfeiture case, ask:
- Do you handle both criminal drug cases and asset forfeiture proceedings?
- Have you litigated forfeiture cases in Cook County?
- Can you help me file a claim to recover my seized property?
- Will you challenge the legality of the stop or search?
- What outcomes have you achieved in similar cases?
The answers to these questions will help you determine whether the attorney has the skill and commitment to defend you effectively.
Chicago Criminal Defense FAQs – Asset Forfeiture
Can the police take my property without charging me with a crime in Chicago?
Yes. Under 725 ILCS 150/1, property can be seized based on probable cause that it was involved in drug activity, even if the owner is never formally charged. This is what makes asset forfeiture especially dangerous—your property rights can be stripped without a criminal conviction.
What types of property can be seized under Illinois forfeiture law?
Common assets include cash, cars, bank accounts, jewelry, electronics, and real estate. If law enforcement believes the item was used to commit a drug crime or was purchased with drug proceeds, it can be subject to forfeiture.
What’s the deadline to contest a forfeiture in Illinois?
After the State sends you notice of the forfeiture, you typically have 45 days to file a verified claim. Failing to act within that window can result in automatic loss of the property.
Can I get my property back before my criminal case ends?
Possibly. Courts can hear forfeiture claims even while a criminal case is pending. A well-crafted motion or settlement negotiation may result in the return of your property, especially if the evidence is weak or improperly obtained.
Do I have to pay to fight forfeiture?
Yes, unlike criminal cases where a public defender may be appointed, forfeiture proceedings are civil. You are responsible for your own legal fees, which is why choosing a lawyer who handles both aspects can be cost-effective and more efficient.
What if someone else owned the property that was seized?
They may file a claim as an “innocent owner.” This is common when property is borrowed, jointly owned, or used without permission. An attorney can help that person establish their legal interest in the property.
Why Choose The Law Offices of David L. Freidberg
At The Law Offices of David L. Freidberg, we don’t just handle criminal charges—we fight to protect your property, your reputation, and your future. With decades of experience representing clients in drug cases and asset forfeiture proceedings, we understand how to challenge the State at every level. From the moment your property is seized, we move quickly to file claims, demand hearings, and hold the prosecution accountable.
Our firm represents clients in Chicago, Cook County, DuPage County, Will County, and Lake County, and we are available 24/7 to answer your call.
Call Now for a Free Consultation
If your property has been seized under Illinois’ Drug Asset Forfeiture Procedure Act, time is not on your side. You need an attorney who knows the law, knows the courts, and knows how to win.
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.