Civil Forfeiture

Civil Asset Forfeiture Lawyer In Illinois

At Michael D. Ettinger & Associates, we have seen firsthand how civil asset forfeiture laws in Illinois and at the federal level can be misused to permanently take property from individuals—often without any criminal charges ever being filed. We believe you should understand how these laws work and what legal options are available to protect your property. Civil forfeiture can affect anyone, regardless of guilt, and the process to reclaim your property is complex and often unfairly tilted in favor of the government. Our law firm is committed to defending your rights and holding the government accountable.

What Is Civil Asset Forfeiture?

Civil asset forfeiture is a legal tool used by law enforcement agencies to seize property they allege is connected to criminal activity. What makes this process, especially concerning is that the government can keep or sell your property without ever charging you with a crime. This is not criminal forfeiture, which requires a conviction. Instead, civil forfeiture treats the property itself as the offender. The case is an in rem proceeding, meaning the legal action is against the property, not the person.

Under both Illinois and federal law, agencies can seize anything from cash to vehicles to real estate simply based on suspicion. Then, it becomes your responsibility to prove your property was not connected to illegal conduct.

Legal Framework Under Illinois And Federal Law

In Illinois, civil asset forfeiture is governed primarily by the Drug Asset Forfeiture Procedure Act (725 ILCS 150/1 et seq.) and corresponding provisions in the Illinois Controlled Substances Act (720 ILCS 570/505). These statutes permit law enforcement to seize property allegedly used to facilitate drug crimes or acquired through illegal drug-related profits. 

 State civil forfeiture is also covered under the Illinois Money Laundering Act 720 ILCS 5/29B et. seq. and 720 ILCS 5/Art. 29B.

Notably, there is no requirement for a criminal conviction. In other words, you could lose your property without ever being charged with a crime.

Federal civil forfeiture is governed by statutes such as 18 U.S.C. § 981 and 21 U.S.C. § 881. These laws provide for the seizure of assets tied to a wide range of offenses, including drug trafficking, money laundering, and fraud.

Both sets of laws suffer from the same due process concern: you must prove your property is innocent, not the other way around.

The Burden Of Proof And Legal Challenges

One of the most troubling aspects of civil forfeiture in Illinois is the low burden of proof required by the government. While recent reforms have improved some protections, authorities may still seize your property based on a “preponderance of the evidence” standard—a far lower threshold than the “beyond a reasonable doubt” required in criminal court.

Once your assets are seized, you must file a legal claim—often within a strict and narrow timeframe—to try to recover your property. This involves court fees, legal representation, and preparing arguments against a system that has historically benefited from these seizures. In Illinois, as much as 90% of the proceeds from forfeitures go back to the same law enforcement agencies that make the seizures. We believe this creates an unjust and direct financial incentive for law enforcement agencies.

Why Civil Asset Forfeiture Is So Controversial

Law enforcement officials have argued that civil asset forfeiture is a critical tool for disrupting criminal enterprises. However, it has often been used against ordinary people who are never charged with a crime. A car stopped for a minor traffic violation may be seized if officers claim it smelled like marijuana. Cash found during a search may be confiscated on suspicion of being drug money, even if there’s no actual evidence of a crime.

Organizations like the ACLU of Illinois have criticized these practices, citing the lack of transparency, accountability, and oversight. There is often no public reporting on how much is seized, what is done with the proceeds, or how many people lose property without being convicted.

Defending Your Property Rights In Illinois

If your property has been seized through civil asset forfeiture, we want you to know that you are not powerless. You have the right to challenge the seizure in court, but timing and strategy are critical. At Michael D. Ettinger & Associates, we build aggressive defenses grounded in state and federal law. We review whether the search and seizure was legal, whether probable cause existed, and whether your constitutional rights were violated.

We also know how to pressure the government to return your property when the law has not been followed. In many cases, we have been able to help clients recover seized cash, vehicles, and other assets by exposing weaknesses in the government’s case or by negotiating favorable outcomes.

Frequently Asked Questions About Civil Asset Forfeiture In Illinois

What Is The Difference Between Criminal And Civil Asset Forfeiture?

Criminal asset forfeiture requires that a person be convicted of a crime before the government can take and keep property associated with that crime. Civil asset forfeiture does not require a criminal conviction. In civil cases, the government sues the property itself and the owner must defend the property’s legitimacy in court, even if no charges were ever filed against them.

Can Police In Illinois Take My Property Without Arresting Me?

Yes. Illinois law allows law enforcement to seize property based on suspicion that it is linked to criminal activity. They do not need to arrest or charge you first. This is one of the most criticized aspects of civil asset forfeiture, as it allows police to take property from innocent people with very limited accountability.

What Kind Of Property Can Be Taken Through Civil Forfeiture?

Almost any kind of property can be seized. This includes cash, cars, homes, bank accounts, electronics, and even jewelry. If the police believe the property was used to commit a crime or was acquired through criminal proceeds, it may be subject to forfeiture.

How Do I Get My Property Back After It’s Been Seized?

To get your property back, you typically must file a claim with the court within a specific timeframe—sometimes as little as 30 days. You’ll need to provide proof that your property was not involved in illegal activity. This often requires the help of an attorney who understands Illinois forfeiture laws. If you miss the deadline or fail to meet the legal burden, your property could be permanently forfeited.

Why Do Police Departments Get To Keep The Money From Seized Property?

Under Illinois law, law enforcement agencies can keep a significant portion of the value of seized assets. This creates a financial incentive for police to aggressively use civil asset forfeiture, even in questionable cases. Critics argue that this practice undermines public trust and encourages “policing for profit.”

Can I Fight Civil Asset Forfeiture Without A Lawyer?

Technically, yes. However, the process is highly complicated and filled with legal pitfalls. Many people lose their property simply because they don’t know how to fight back or cannot afford to. Our firm can help you build a case, file the proper paperwork, and appear in court to challenge the forfeiture. Without legal guidance, your chances of success are low.

Has Illinois Made Any Reforms To Civil Forfeiture Laws?

Yes. Illinois has implemented some reforms in recent years. These include improved notice requirements and increased transparency. However, the fundamental issues remain, such as the burden of proof still being on the property owner and the profit incentive for police departments. Advocacy groups continue to push for stronger protections and more oversight.

Call Michael D. Ettinger & Associates Today For Help With Civil Asset Forfeiture

If your property has been seized by law enforcement in Chicago, Palos Heights, or anywhere in Illinois, the attorneys at Michael D. Ettinger & Associates are ready to fight for you. We understand how frustrating and unfair this process can be—and we know how to push back. Whether your property was taken without charges or you’re caught in a legal battle to reclaim what’s yours, we’re here to help.

Contact our Palos Heights criminal defense lawyer at Michael D. Ettinger & Associates at 708-923-0368 for a free consultation. We represent clients in Palos Heights and throughout the entire city of Chicago, Illinois.