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Chicago Criminal Asset Forfeiture Lawyer
Defending Against Criminal Asset Forfeiture in Chicago, Illinois
Chicago, the economic and cultural heart of Illinois, is no stranger to aggressive law enforcement activity. From downtown financial corridors to residential neighborhoods throughout Cook County, police and prosecutors pursue criminal charges and asset seizures with determination. One of the most misunderstood but impactful tools they use is asset forfeiture. If your cash, car, home, or other property was taken as part of a criminal investigation in Chicago, you may be facing not only prosecution but a legal battle to recover what’s rightfully yours.
Illinois law allows law enforcement agencies to seize property believed to be connected to criminal activity. This includes vehicles allegedly used in drug transportation, cash suspected of being proceeds of a crime, or real estate linked to criminal enterprises. Even if you are never convicted, or in some cases never even charged, the government can still move forward with a forfeiture case against your property. These cases are complex, high-stakes, and deeply personal.
The Law Offices of David L. Freidberg has defended Chicago clients in both criminal prosecutions and related forfeiture proceedings for decades. Asset forfeiture is not a separate issue from your criminal case—it is often used to pressure defendants into guilty pleas or settlements. That’s why having a dedicated defense lawyer is essential from day one.
Illinois Forfeiture Laws: What Property Can Be Seized?
In Illinois, asset forfeiture is governed by the Illinois Seizure and Forfeiture Reporting Act (720 ILCS 570/505 for controlled substances, and other statutes like 720 ILCS 5/36 for vehicles and 725 ILCS 150/1 et seq. under the Drug Asset Forfeiture Procedure Act). These laws give prosecutors broad discretion to seize assets they claim were involved in criminal conduct.
Most forfeiture actions stem from suspected drug offenses, financial crimes, or organized criminal activity. Commonly seized property includes:
- Vehicles allegedly used in transporting narcotics
- Large amounts of cash found during traffic stops
- Firearms allegedly used in the commission of a felony
- Cell phones, computers, and other electronics used to facilitate a crime
- Real estate tied to illegal transactions
Even if no criminal charges are ultimately filed, the government may still proceed with a civil forfeiture case. These cases are separate from the criminal prosecution and require a different legal strategy. The government does not need to prove guilt beyond a reasonable doubt. In civil forfeiture, they must only establish that the property was likely connected to criminal activity, often through circumstantial or unchallenged evidence.
How Criminal and Civil Forfeiture Cases Begin
Asset forfeiture actions typically begin at the time of arrest or criminal investigation. Chicago police, Cook County Sheriff’s deputies, or federal agencies like the DEA may seize property during a raid, traffic stop, or search warrant execution. If the officer believes the property is connected to illegal activity, they can seize it immediately. The justification is often written in a property inventory or police report, with the owner receiving a receipt or seizure notice.
Once seized, the property is held pending forfeiture proceedings. Under Illinois law, prosecutors must file a notice of forfeiture within a specific time frame, generally 45 days for civil drug-related forfeitures under 725 ILCS 150/6. Failure to meet this deadline may give your attorney grounds to have the case dismissed.
You may also receive notice via certified mail or personal service, especially in cases involving large amounts of money or high-value property. At that point, you must file a claim of interest to contest the seizure, usually within 45 days. Missing this deadline can result in the property being forfeited by default, even if you were innocent.
Criminal Trials and the Impact on Your Property Rights
Forfeiture is deeply tied to the criminal process. When prosecutors charge you with a felony, particularly in drug cases under 720 ILCS 570/401, they often file parallel forfeiture actions. The criminal case will determine whether you are convicted and sentenced, but the property case may proceed even if you’re found not guilty. This is because Illinois recognizes both criminal forfeiture and civil forfeiture—and they operate under different standards.
In a criminal forfeiture, the government must prove your guilt first, then move to forfeit assets connected to that conviction. In a civil case, no conviction is required, and the government must only show that your property is more likely than not related to a crime.
For example, if you’re charged with possessing more than 15 grams of cocaine—a Class 1 felony under 720 ILCS 570/402—your vehicle and any money found in it may be seized. Even if your case is later dismissed, the property may still be forfeited if the government believes it played a role in the alleged crime.
This disconnect between criminal guilt and asset forfeiture creates legal uncertainty and highlights why a coordinated defense strategy is essential. Your criminal attorney must understand how your charges relate to the property seizure and defend both simultaneously.
Types of Evidence Law Enforcement Uses in Forfeiture Cases
To justify a property seizure, law enforcement relies on a combination of physical, circumstantial, and testimonial evidence. This may include:
- Statements made during or after arrest
- Amounts of cash considered suspicious
- Packaging or paraphernalia found near the property
- K-9 drug sniff alerts during traffic stops
- Surveillance showing repeated short-term traffic at a property
- Prior convictions or associations with individuals under investigation
Much of this evidence is speculative or based on assumptions. For example, police often claim that carrying more than $1,000 in cash is a sign of drug trafficking. In reality, many people in Chicago carry cash due to distrust of banks, economic necessity, or cultural practices.
A defense attorney can challenge the credibility of these assumptions, demand proof, and present lawful explanations for the presence or use of seized property.
Why You Need a Defense Attorney for Asset Forfeiture
One of the most damaging mistakes defendants make is treating forfeiture as a minor side issue. In reality, these cases can affect your finances, transportation, business, and even your home. The government’s burden of proof in forfeiture cases is significantly lower than in criminal court, meaning the risk of losing property is very real—even when you did nothing wrong.
An attorney who understands Illinois forfeiture law can help in several key ways. First, we examine whether the initial seizure was lawful. If police lacked probable cause or a valid warrant, the property may be returned. Second, we challenge the timeline and sufficiency of the government’s notice. Third, we submit affidavits and documentation to prove your ownership and the legitimate source of your property.
In cases involving innocent co-owners or third-party interests—such as a parent’s car, a landlord’s property, or a spouse’s bank account—we can assert those rights and pursue return of the property under 725 ILCS 150/8.5. The sooner you get legal help, the better your chances of recovering what’s yours.
Potential Legal Defenses Against Forfeiture
Illinois law allows multiple defenses to forfeiture actions, depending on the facts. Common strategies include:
- Innocent Owner Defense: You must prove that you didn’t know or couldn’t have known the property was being used for illegal activity.
- Lack of Nexus: The government must show a direct connection between the property and the alleged crime. If they can’t, the case may be dismissed.
- Unlawful Seizure: If the initial search or seizure violated your constitutional rights, we may file a motion to suppress the evidence and terminate the forfeiture.
- Procedural Violations: If the government failed to meet deadlines or did not properly serve you with notice, the case can be challenged on technical grounds.
Each defense depends on the details of your situation, but in many cases, a strong legal challenge can result in dismissal, return of the property, or a favorable settlement.
What to Look for in a Criminal Defense and Forfeiture Attorney
Not every criminal defense attorney handles asset forfeiture cases. These matters require deep understanding of Illinois’ dual-track forfeiture system and how civil procedure intersects with criminal litigation. Your lawyer should be familiar with Chicago-area law enforcement agencies, the Cook County State’s Attorney’s Office, and the timeline for local forfeiture cases.
When you meet with an attorney, ask how many forfeiture cases they’ve handled, whether they’ve litigated both drug-related and non-drug forfeitures, and how they coordinate defense in both criminal and property court.
You should also feel confident that your attorney communicates clearly, keeps you informed, and is accessible during each step of the case. The legal process is complex, but your attorney should make it understandable and manageable.
Questions to Ask During Your Consultation
If you’re considering hiring a criminal defense lawyer to handle your asset forfeiture case, these are key questions to ask:
- Have you handled cases involving both criminal charges and asset forfeiture?
- How will you defend my rights if I haven’t been convicted yet?
- What is the process for recovering my property?
- What are the chances of getting my property back?
- Will you handle both the criminal and forfeiture sides of my case?
- How do you charge for forfeiture representation?
Chicago Criminal Defense and Forfeiture FAQs
Can the police take my money even if I’m not charged with a crime?
Yes. Under Illinois civil forfeiture laws, the government can initiate a forfeiture case even if no criminal charges are filed. However, they still must follow legal procedures, and you have the right to contest the forfeiture with an attorney.
What happens to my property after it’s seized?
Typically, it’s held in an evidence vault or impound lot until the forfeiture case is resolved. If the government wins, the property may be auctioned, retained by law enforcement, or otherwise disposed of. If you win, it should be returned to you.
How long does it take to get property back after it’s seized?
That depends. If the government misses deadlines or procedural requirements, we may be able to get it back quickly. Otherwise, the process can take several months, especially if litigation is required.
What if the seized property belongs to someone else?
If the property wasn’t yours, but you were using it, the true owner can file a third-party claim. We can assist co-owners, lenders, family members, or employers in asserting their interests and seeking return of their assets.
Do I need a lawyer even for small amounts of seized cash?
Yes. Even a small forfeiture can have serious consequences. And if the government wins once, it increases the chance they’ll target you again in the future. Legal representation shows you’re serious and ensures the law is followed.
Why You Need The Law Offices of David L. Freidberg
Asset forfeiture is about more than money. It’s about fairness, due process, and protecting your rights when the government overreaches. At The Law Offices of David L. Freidberg, we handle both the criminal charges and the forfeiture proceedings—because your case can’t be fully defended unless both are addressed together.
With decades of experience in Cook County and beyond, we fight for our clients to recover what’s theirs, challenge improper seizures, and minimize the long-term impact of criminal investigations. We offer honest guidance, strategic defense, and relentless advocacy—because your freedom and your property matter.
Call the Law Offices of David L. Freidberg for a Free Consultation
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.