When the government seizes your money, car, or other property in connection with a criminal investigation, it can feel like your life is being dismantled piece by piece. In Chicago, criminal asset forfeiture has become a frequent and aggressive tactic used by law enforcement, often without a conviction and sometimes without charges at all. What many people don’t realize is that the burden to recover that property falls on them—and it’s not an easy fight without skilled legal help.
Criminal asset forfeiture isn’t just about evidence; it’s about power. The government can take your belongings based on allegations alone. And without an experienced defense lawyer pushing back, you may never see those assets again—even if you’re innocent.
What Asset Forfeiture Looks Like in Chicago
Imagine being pulled over on the Dan Ryan Expressway for a minor traffic violation. The officer asks to search your vehicle and finds several thousand dollars in cash, even though you haven’t broken any laws. Or maybe police execute a search warrant on your apartment, take your phone, laptop, and rent money, and later claim they suspect the items were tied to a drug operation.
This isn’t fiction. It’s happening in Chicago every day. Through criminal and civil asset forfeiture, law enforcement agencies seize property they believe was used in or gained from illegal activity. That includes:
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Cash found during traffic stops
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Vehicles allegedly used to transport drugs or firearms
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Real estate linked to criminal allegations
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Firearms and other personal property
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Phones, computers, and other electronics allegedly used to facilitate crimes
These seizures often happen before a person has been convicted—or even arrested. And once the property is in the government’s hands, it’s not returned automatically. The legal process to get it back is full of obstacles.
What Illinois Law Says About Forfeiture
In Illinois, the Drug Asset Forfeiture Procedure Act (725 ILCS 150/1 et seq.) provides the main framework for how asset forfeiture cases unfold. Forfeiture is also authorized under other statutes depending on the type of crime, including:
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720 ILCS 570/505 for controlled substance cases
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720 ILCS 5/36 for vehicles used in certain felonies
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720 ILCS 5/29B-1 for money laundering and racketeering
Under these statutes, the government can seize property it claims was either used to commit a crime or purchased with proceeds of criminal activity. It doesn’t matter whether you were convicted—or even charged—if the prosecutor believes the property has a sufficient connection to alleged wrongdoing.
That’s what makes these cases so dangerous. The forfeiture process is separate from the criminal case and has a much lower burden of proof. The government only has to prove it’s more likely than not that the property is connected to a crime. That’s a far cry from the “beyond a reasonable doubt” standard required for a criminal conviction.
How the Seizure Process Begins
In many forfeiture cases, it starts with a traffic stop or a search warrant. Law enforcement officers seize property they believe is tied to illegal activity. They may not even arrest you at the time—but they’ll take your cash, your car, or other valuables and leave you with a receipt or seizure notice.
Within 45 days, under 725 ILCS 150/6, the prosecutor is required to file a forfeiture complaint if they intend to keep the property. If they miss that deadline or fail to serve you correctly, your lawyer may be able to have the case dismissed.
If the state does file a timely complaint, you have 45 days to respond with a verified claim. If you don’t, the court may enter a default judgment, and the government keeps your property—even if you did nothing wrong.
How Criminal Charges Affect the Outcome
You might think that if your criminal charges are dismissed or you’re found not guilty, the forfeiture case would automatically end. Unfortunately, that’s not how it works in Illinois. The criminal case and the forfeiture case are often handled in different courtrooms under different standards.
Even if you’re cleared in the criminal case, the state may still push to keep your property through civil forfeiture. That’s why it’s essential to have a lawyer who can coordinate both cases and ensure your rights are fully defended.
If you are convicted, the government will use that as justification for forfeiture. But if your attorney can weaken the case, exclude key evidence, or challenge the seizure, you may be able to keep your property—regardless of the criminal outcome.
Defending Against Forfeiture in Cook County
Successfully fighting forfeiture requires more than general legal knowledge. It requires strategic thinking, deep familiarity with Illinois procedure, and relentless advocacy. Some of the most effective defenses include:
Illegal Search and Seizure
If the property was taken as a result of a stop or search that violated your Fourth Amendment rights, we can file a motion to suppress. Without legal grounds for the seizure, the entire case may collapse.
No Probable Cause
We can challenge the government’s claim that the property was connected to a crime. Maybe the cash was lawfully earned. Maybe the vehicle had no connection to the alleged offense. We can present documentation and testimony to show there was no illegal link.
Innocent Owner Claims
Illinois allows people with ownership interests—like spouses, parents, landlords, or employers—to challenge a forfeiture even if they weren’t accused of any crime. If they didn’t know about or consent to the alleged illegal use of the property, they may have a right to get it back.
Procedural Defenses
Missing deadlines, improper service, or other technical violations can provide a powerful basis to dismiss the forfeiture case.
Our firm approaches every forfeiture case with the same intensity we apply to serious felony charges. Because to our clients, their property is just as important.
Why Forfeiture Is So Dangerous Without a Lawyer
The legal system isn’t kind to people who try to defend themselves in forfeiture cases. The process is stacked in favor of the government. They have legal teams, investigators, and access to court resources you likely don’t.
Without an attorney, you may miss deadlines, fail to file the right documents, or overlook defenses that could win your case. And the court won’t make exceptions just because you didn’t understand the rules.
In Cook County, where law enforcement aggressively uses forfeiture laws, you need a lawyer who knows how to fight back. Someone who’s seen these cases before, understands the prosecutors’ tactics, and can protect your property rights from the first day to the last.
The Long-Term Impact of Forfeiture
Losing property to the government isn’t just about inconvenience. It can leave lasting damage to your finances, your credit, and your ability to rebuild your life. If they take your car, you may not be able to work. If they seize your rent money, you may fall behind on payments. If they take business equipment or funds, your company may shut down entirely.
And once your property is gone, getting compensation is extremely difficult—even if the case against you falls apart later.
That’s why we treat every forfeiture case with urgency. Every minute counts. Every court date matters. We don’t let the state steamroll our clients with vague allegations or questionable evidence.
The Law Offices of David L. Freidberg: A Strong Defense When Everything’s at Risk
Our firm has been defending clients in Chicago for decades, and that includes both criminal charges and asset forfeiture. We understand that these cases are deeply personal. Your home, your business, your money, your car—these aren’t just items. They’re your future.
We handle cases at all stages—whether you just received a seizure notice or your case is already pending in court. We examine the state’s evidence, challenge the grounds for seizure, and pursue every path available to recover your property.
We work with forensic accountants, investigators, and other professionals when necessary to prove that your property was lawfully obtained. And we do it with a clear plan and aggressive courtroom representation.
Call the Law Offices of David L. Freidberg for a Free Consultation
If you’re facing asset forfeiture in Chicago or anywhere in Cook County, get legal help now. The sooner we begin your defense, the better the outcome can be.
The Law Offices of David L. Freidberg provides aggressive representation for clients in Will County and throughout Illinois. We are available 24/7 for a free consultation to discuss your case and develop a strategy.
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.