Chicago Criminal Lawyer Blog
Imagine being pulled over by police in Chicago. Maybe they claim they smell something suspicious or they believe you’re acting nervously. They search your car and find a few hundred—or a few thousand—dollars in cash. No drugs are found. No charges are filed. And yet, your money is seized and you’re told you’ll need to fight to get it back. This isn’t just a nightmare—it’s a reality for thousands of Illinois residents every year under the Illinois Drug Asset Forfeiture Procedure Act, codified at 725 ILCS 150/1.
This law allows law enforcement to take property they suspect is linked to drug activity. And unless you respond quickly and aggressively, they may keep that property—permanently. If you or a loved one has had money, a car, or other property seized in connection with an alleged drug offense, it’s critical to understand what this law allows and what you can do to fight back.
Civil Forfeiture in Illinois: What It Is and How It Works
Illinois uses civil asset forfeiture to seize and retain property allegedly connected to drug crimes. Unlike criminal prosecutions, civil forfeiture actions don’t require the State to prove that a crime occurred beyond a reasonable doubt. In fact, you don’t even need to be charged with a crime for your property to be taken.
Under 725 ILCS 150/1, law enforcement can initiate forfeiture proceedings if they believe:
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Property was used to commit, attempt, or facilitate a drug crime
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Property is proceeds from the sale of drugs
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Property was purchased using funds gained through illegal drug activity
Once the property is seized—typically during a traffic stop, arrest, or search—law enforcement must begin the formal process. The State has 28 days to send a forfeiture notice. Then, the clock starts ticking: You have only 45 days to file a verified claim asserting your ownership rights. Miss that deadline and your property is gone—even if you never committed a crime.
This process is deeply controversial, especially when applied to working-class residents in communities across Chicago who may carry cash or own property that becomes a target of law enforcement without real evidence.
What Happens After Your Property Is Seized?
If the police seize your property, you will eventually receive a Notice of Pending Forfeiture. This legal document outlines the basic facts behind the seizure and informs you of your right to contest it in civil court. However, the process to get your property back is neither easy nor automatic.
You must file a verified claim in the appropriate circuit court—usually Cook County—within 45 days. A verified claim means you swear under oath that you are the rightful owner of the property and that it was not connected to illegal drug activity. After your claim is filed, the case becomes a civil lawsuit, with the State of Illinois as the plaintiff and your property as the defendant.
The State will then need to show, by a preponderance of the evidence, that your property was involved in or derived from a drug crime. This standard of proof is much lower than in a criminal case. It simply means the State needs to prove that it’s more likely than not that the property is connected to drugs.
Why This Law Disproportionately Harms Innocent People
The biggest criticism of Illinois’ drug asset forfeiture law is that it gives too much power to the government—and too little recourse for innocent individuals. Because the property is the target of the forfeiture, not the person, even a completely innocent owner can lose their car, home, or life savings if they don’t respond in time or can’t afford a lawyer.
This is especially problematic for:
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Parents whose children use their car without permission
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Small business owners who operate in cash
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Immigrants or underbanked communities who keep cash on hand
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People who are never arrested but lose their property anyway
Once forfeiture proceedings start, the burden effectively shifts to the property owner to prove a negative—that they didn’t know about or participate in any illegal activity. This is not a small ask, and it’s why legal representation is so critical.
The Role of Drug Charges in Asset Forfeiture
In some cases, the property seizure is part of a broader criminal case involving charges under the Illinois Controlled Substances Act (720 ILCS 570/). These cases may include:
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Possession of a controlled substance
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Possession with intent to deliver
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Manufacturing or trafficking of drugs
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Drug conspiracy or delivery within a protected zone
The severity of the criminal charge affects not just the potential prison sentence, but also how aggressively prosecutors pursue the associated forfeiture. However, it’s important to know that you can fight both the criminal and civil cases simultaneously—and that a win in one can support your defense in the other.
Legal Grounds to Fight Forfeiture in Illinois
If you’ve had property seized under 725 ILCS 150/1, you have rights—and you have defenses. Common grounds for contesting forfeiture include:
Lack of Probable Cause: If the police didn’t have a valid reason to stop, search, or seize your property, the entire basis of the forfeiture may collapse. This is particularly effective in traffic stop scenarios where consent was unclear or nonexistent.
Lack of Nexus: The State must prove a connection between your property and drug activity. Just having a large amount of cash or living in a high-crime area is not enough. Your attorney can challenge the State’s assumptions and force them to prove their case.
Innocent Owner Defense: This applies if you owned the property but had no idea it was being used in a crime. Parents, spouses, roommates, and landlords often raise this defense in cases involving cars or rental properties.
Procedural Defects: If the State failed to follow the exact requirements for notice and filing under 725 ILCS 150/5–6, the court can dismiss the case on procedural grounds alone.
In every case, timing is everything. Missing a deadline or failing to properly file a claim can sink your case before it ever begins.
Why You Need an Attorney to Recover Seized Property
Many people assume they can simply call the police or file a form and get their property back. Unfortunately, the process is far more adversarial. Once the government takes your property, they’re under no obligation to return it unless forced to by a judge.
A skilled asset forfeiture attorney will:
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Investigate how and why your property was taken
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Analyze the constitutionality of the search and seizure
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Identify procedural missteps by the State
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File all required legal documents and represent you in court
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Challenge the State’s evidence linking your property to drugs
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Negotiate a return of your property or a dismissal of the forfeiture action
In many cases, having a knowledgeable attorney involved from the start puts pressure on the State to re-evaluate their case—especially when the facts are weak or the property is clearly unconnected to illegal conduct.
What to Do If You Receive a Forfeiture Notice
If you’ve received a Notice of Pending Forfeiture, your first step should be to consult with an attorney immediately. Do not ignore the letter, and do not attempt to fight the case on your own without understanding the legal process.
The claim you file must be properly verified, include specific information, and be filed in the correct court within the 45-day window. A single mistake can result in permanent loss of your property—even if your case is winnable.
Get Help from a Chicago Forfeiture Defense Attorney
Asset forfeiture is one of the most misunderstood areas of Illinois law—and one of the most abused. The State has every advantage in these cases: time, resources, and a legal system that often favors seizure over fairness.
But that doesn’t mean you’re powerless. At The Law Offices of David L. Freidberg, we have decades of experience fighting both drug charges and associated asset forfeiture actions in Chicago and across Cook County. We understand the strategies law enforcement uses—and we know how to dismantle them.
We’ll review the facts of your case, file the necessary claims, and fight to return what’s rightfully yours. Whether your case involves a small amount of cash, a vehicle, or your family home, we’ll provide the legal support you need.
Call Now for Immediate Legal Help
Don’t wait to take action. If the State of Illinois has seized your property under the Drug Asset Forfeiture Procedure Act, time is not on your side.
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.
