How you can lose your property even without a conviction
One of the most controversial practices in the criminal justice system is civil asset forfeiture. Every year, Illinois law enforcement officials are allowed to take hundreds of millions of dollars in property from private citizens—without having to prove the property holders committed any crime. Most of the seizures occur in the context of drug cases, where police seize cash, cars and even houses.
Making Life Difficult for Property Owners
Illinois law authorizes the “civil forfeiture of property which is used or intended to be used in” illegal drug activity. Unlike a traditional fine or criminal penalty assessed following a trial, civil asset forfeiture allows the police to immediately take a suspect's property. While a criminal conviction requires proof of a defendant's guilt “beyond a reasonable doubt,” the Illinois civil asset forfeiture law sets an easier standard. Police must simply demonstrate by a “preponderance of the evidence” that an asset may somehow be connected to drug activity.
This means that even if a person is never formally charged with a crime, he or she may still lose their assets to civil forfeiture. This is because the law presumes an asset is connected to illegal drug activity if it is “found in close proximity” to drugs or materials used in drug manufacturing. The burden is then on the property owner to prove this presumption is false, effectively inverting the normal criminal justice process. The owner must also post a bond—worth either $100 or 10 percent of the value of the property, whichever is greater—just for the right to challenge the forfeiture in court.
Forfeiture Is Big Business for Illinois Police
So what happens to assets seized through civil asset forfeiture? Most of it goes to the law enforcement agency that made the actual seizure, creating a financial incentive for local police to be aggressive in their use of forfeiture. According to the Illinois Policy Institute, Illinois seized over 45,000 pieces of personal property between 2009 and 2013, resulting in a windfall of over $113 million for the state and its law enforcement agencies. Additionally, Illinois also benefits from an “equitable sharing” deal with the U.S. Justice Department, which conducts its own civil asset forfeiture. Altogether, Illinois has made more than $300 million over a four-year period.
While the Illinois Policy Institute and other groups have called for an end to civil asset forfeiture, the practice is unlikely to end anytime soon. That is why if you are suspected of a drug crime it is a good idea to consult with a qualified Illinois criminal defense lawyer who can advise you of the potential risks of civil asset forfeiture.
According to the Illinois Policy Institute, Illinois seized over 45,000 pieces of personal property between 2009 and 2013.