Civil asset forfeiture is a legal practice that enables law enforcement to seize money, vehicles, homes, and other property without necessarily charging the owner with a crime. It typically occurs when law enforcement believes that certain property is connected to criminal activity. Although the law was created to target organized crime and drug trafficking, the process often ends up harming innocent people.
Law enforcement agencies have used civil asset forfeiture laws to seize large amounts money or property from individuals and businesses without filing criminal charges. In one notable case, a California jewelry business lost $43,000 when police in Indiana intercepted a package containing the cash. Even though there were no criminal charges, the government kept the money, saying large shipments of cash are often connected with crimes. According to the ACLU, asset forfeiture abuse isn’t an anomaly; it’s part of a larger trend where property seizures strike at everyday Americans.
Under Illinois’s civil asset forfeiture laws, the government can seize assets it believes are connected to criminal activity. However, in practice, this process places the burden of proof on the property owner, meaning you must demonstrate that your property is not linked to any crime. Unlike criminal cases, where the government must prove guilt “beyond a reasonable doubt,” the burden of proof in civil forfeiture cases is significantly lower, making it much easier for the state to succeed.
The Harm Caused By Civil Asset Forfeiture
Individuals whose property has been seized by law enforcement under civil forfeiture laws often find it extremely challenging to fight back. One of the most damaging aspects of this practice is the lack of guaranteed legal representation. Unlike in criminal cases, where defendants are entitled to a lawyer, this protection does not extend to civil forfeiture proceedings. As a result, many people, especially those with fewer resources, are left without proper legal representation, which is crucial for recovering seized property.
Moreover, the process of reclaiming seized assets is both expensive and time-consuming. For most individuals, the cost of hiring an attorney and pursuing legal action far exceeds the value of the property taken. This effectively leaves many people unable to attempt to retrieve their belongings, making them vulnerable to government actions.
Civil forfeiture disproportionately impacts communities of color and individuals in lower-income brackets. Studies have shown that minorities are more likely than their white counterparts to have their property seized by police without any evidence of criminal activity. In many cases, law enforcement officers confiscate cash from people during highway stops or at airports, often based on the assumption that the money is linked to illegal activities such as narcotics trafficking. To make matters worse, once the government takes possession of the property, recovering it can be nearly impossible. Faced with financial ruin and potential bankruptcy, many people give up and abandon what often becomes a lengthy and uphill legal battle against the government.
Fighting Back: How Civil Forfeiture Victims Can Challenge Seizures
If your property has been seized, it’s important to know that you have several options to fight it. While the system may seem stacked against you, one factor that can make a significant difference is having an experienced attorney on your side. A skilled attorney will challenge the legality of the seizure, question the grounds for taking your property, and fight for its return.
The most effective challenge against civil asset forfeiture involves questioning the probable cause behind the seizure. Although law enforcement agencies are required to demonstrate that the property was either used in a crime or was the proceeds of criminal activity, many cases present vague or questionable justifications for such seizures. An attorney can thoroughly review the details of your case, assess whether law enforcement violated your rights or failed to follow proper procedures, and work to have the seizure overturned.
In addition, many valid legal challenges focus on due process violations. Property owners are entitled to contest the seizure of their property and should be given a fair opportunity to do so. However, civil forfeiture laws have become increasingly aggressive, and numerous cases have surfaced where individuals were either not informed of their rights or were not given sufficient time to challenge the government’s actions.
Moreover, many states have begun to reform civil forfeiture laws by increasing the burden of proof required for law enforcement agencies to seize assets. For instance, in Illinois, discussions are ongoing about amending the laws to be more protective of innocent property owners. While some progress has been made in this area, much work remains, and it’s crucial for individuals to be aware of both state and federal forfeiture laws to protect their rights effectively.
Contact Our Chicago Civil Asset Forfeiture Attorney For Representation
If law enforcement has seized your property under Illinois civil forfeiture laws and you’re ready to fight back, contact us today. At Edward Johnson & Associates P.C., we will stand up to protect your property rights. Our attorney will work diligently to provide you with the best chance of getting your property returned. Contact our Chicago civil asset forfeiture attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation, and let us help you recover what is rightfully yours.