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Archive for the ‘drug asset forfeiture’ tag

How Far Can Illinois Drug Asset Forfeiture Reach?

December 9th, 2016 at 10:55 am

Illinois Drug Asset Forfeiture, Rolling Meadows Criminal Defense LawyerBegin caught while committing a drug offense and/or being charged with a drug offense is tough in its own right. You will need to hire a criminal defense lawyer and go to court, and you can potentially face jail time, fines, probation, and a criminal record that will be with you for a long time. Additionally, the police can take your personal property if it is associated with the drug offense, such as your car, money, or other belongings.

Illinois Drug Asset Forfeiture Laws Are Far-Reaching

Illinois has certain aggressive and broad drug asset forfeiture laws. Under Illinois drug asset forfeiture laws, any property that is associated with criminal drug activity can be seized by the police. This causes many problems for people who own property that was taken into custody by police. These laws do not distinguish between the person who allegedly committed a crime and who actually owns the property. Moreover, the laws extend to other items that may have been purchased with money associated with a crime. Finally, the property is not automatically released if the charges against the alleged offender are dropped.

If you borrowed your mother’s car, went driving to your friend’s house, and for some reason were pulled over, the car was searched, drugs were found, and you were arrested, your mother’s car could be seized under the state’s drug asset forfeiture laws—even though it is not your car. Your mother will have to request that her car be returned to her, which can be a time-consuming hassle.

Additionally, the Fourth District Appeals Court just recently held that the police can also seize property that was purchased with money associated with drug crimes when there is a direct link between the property and the drug money. According to the Herald & Review, an Illinois woman lost out on a $50,000 winning lottery ticket because it was suspected by police to have been purchased with drug money. The woman herself was not directly involved with drugs, rather her boyfriend was, but the police took her winning lottery ticking nonetheless.

The point is that while being charged with a drug crime directly affects you and your loved ones, there can be other complications for those who are close to you as well, pending their property ends up muddled in with your alleged offense.

Let Us Help You Today

If you have been arrested and charged with a drug offense, you need to focus on fighting and beating the drug charges that have been lodged against you. The consequences for a drug conviction are very serious and could have a long-term impact on your life. Whether you are facing charges for possession of a controlled substance or cannabis, distribution, or manufacturing drugs, you should speak with a skilled Rolling Meadows criminal defense attorney who has a lot of experience handling drug cases.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1977&ChapterID=54

Drug Asset Forfeiture in Illinois

November 25th, 2016 at 3:19 pm

drug asset forfeiture, Rolling Meadows criminal defense attorneyGetting arrested for a drug offense, such as possession or intent to distribute, is a bad situation on its own. If you are convicted for such an offense, you can face jail time and fees. However, getting caught with drugs can also mean that you will lose personal property, such as your car or other assets, if such assets are affiliated with the drug offense. Drug asset forfeiture is a common practice in Illinois, yet many people are unaware of it until it happens to them or someone they know.

If you are charged with a drug crime, you might be subjected to Illinois’ drug asset forfeiture laws. Under these laws, property that is associated with drug activity or a crime can be seized by law enforcement. The point of the seizure is to limit the amount of resources that are available for criminal activity. If your personal property is taken by law enforcement under state asset forfeiture laws, it may take a long time to get your seized assets back, and recovery of your seized property can be at a great cost to you.  

What Types of Assets Can Be Seized?

Under the Illinois drug asset forfeiture laws, police do not have to arrest anyone or have a warrant to make a seizure of property involved in criminal drug activity. Instead, law enforcement can simply seize any personal property that is involved in a drug crime.  Examples of assets that are commonly seized under civil asset forfeiture include motor vehicles, cash, real estate, home, electronics, equipment, and more.

Recovering Seized Property

Even if your underlying drug charges are dropped or defeated, or if you are only given probation or court supervision, your seized property will not automatically be returned to you. Rather, you will have to enter a claim to obtain your seized property.

Recovering your seized property can be a difficult process. The owner of the property has the burden of proving that the personal property was not involved in the criminal activity and should not have been seized. Property owners must demonstrate that the property was obtained in a legitimate way, was not used for criminal activity, and that the property owner will suffer financial hardship without their seized property.  

Call an Experienced Drug Offenses Lawyer

There is no doubt that drug offenses carry serious consequences, and if you have been charged with a drug crime, it is important to get in touch with an experienced criminal defense lawyer quickly. A skilled attorney can begin crafting a defense to your original drug crimes, as well as help you devise a way to recover your seized property. Please feel free to contact a Rolling Meadows criminal defense attorney for assistance. We are prepared to help you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1977&ChapterID=54

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