People who are arrested for drug offenses in Illinois often think about the sentences they’re facing if they’re convicted. They may not immediately realize that there are other consequences that they may face.
One thing that may happen is civil asset forfeiture, which allows the seizure of the property that’s believed to be connected to the drug charges. This is a controversial process, so it’s a good idea to understand a bit about it.
Vehicles and watercraft
Vehicles and watercraft, including cars, boats and aircraft, can be seized if there’s a connection between the transportation of drugs. Ownership disputes can sometimes arise if the vehicle is someone else’s; however, the burden would be on the owner to prove that they weren’t involved in the criminal activity.
Cash and bank accounts
Money is one of the most commonly seized assets in drug cases. If officers can connect cash to drug sales, the cash can be taken. Bank accounts are also subject to being seized for the same reason.
Real estate
Authorities may seize commercial or residential property, including land, if they were used to manufacture, store or distribute drugs. Even if the property was being used for other lawful purposes, it can be taken if there is any connection to illegal activity.
Valuables and personal property
Personal property, such as electronics, firearms, jewelry and other items, can be seized if it’s believed they were purchased with money from drug sales. They can also be taken if it’s believed they’re going to use them to further drug crimes. Even cell phones and computers may be taken because they may contain valuable evidence.
In Illinois, the state doesn’t need to have a conviction prior to starting forfeiture proceedings. Instead, the government merely has to show the connection between the property and the criminal activity. It’s possible to challenge the seizure in court, but this is subject to specific procedures and timelines. Working with someone familiar with these matters may be beneficial, so you can rest assured that everything is being handled.