Criminal and Civil Asset Forfeiture in Chicago

Criminal forfeiture involves the seizure of property as part of a criminal conviction. For example, if a jury finds a person stole a vehicle, the jury may find that the vehicle is forfeitable. Civil forfeiture laws allow governments to permanently take away property from someone simply on the basis that the property was associated with a crime, even if the person was never convicted or even charged with a crime.

Forfeiture can take away cash, cars, and houses, that are determined to be the profits of wrongdoing.  Critics of forfeiture sometimes call this “policing for profit” because the only ones that benefit are the law enforcement agencies, creating incentives for them.

Mr. Glozman is proud to represent individuals and corporations in complex criminal cases, including civil and criminal asset forfeitures. He has had success joining cases in all stages of litigation and understands the urgency of forfeitures and the need to act quickly.  He will review your case for procedural errors and violations of rights, along with helping you build a strong defense.

For your free consultation, call us today at (312) 757-2314.

The History of Civil Forfeiture

Asset forfeiture is a controversial legal practice, often described as a legal overreach, generating millions of dollars of revenue for law enforcement in Cook County and throughout the state of Illinois. Originally developed from admiralty and customs laws, forfeiture of property was obscure until the “War on Drugs” started in the 80’s and 90’s, and has since been subject to abuse, incentivizing and allowing police to confiscate property without establishing any crime was committed.

Reform in Chicago Forfeiture Laws

The case of Judy Wiese and her 2009 Jeep Compass seized by Rock Island County Sheriffs in August 2015 is an example of Illinois’ complicated civil forfeiture laws, and the burden of proof placed on someone who wasn’t involved in any crime (an innocent grandmother). Her vehicle was just one of 500 vehicles seized by Rock Island County from 2010 to May 2015. In the last decade and since Judy Wiese’s case,  progress has been made in civil asset forfeiture reform across the country, with states requiring conviction or plea agreement before law enforcement can take possession of property.

Illinois’ landmark bill passed in 2017 shifted the burden of proving guilt to the government.  Small amounts of cash were no longer subject to forfeiture. Additionally, seizures and forfeitures are required to be publicly reported, including which agency seized the asset, how much was seized, and how the agencies will use the money.

The Illinois Policy Institute reported that from 2005 and 2015, forfeiture proceedings brought in more than $319 million for Illinois police departments, sheriffs, state’s attorneys and other law enforcement agencies.

Protecting Your Rights in a Forfeiture Case

If you are facing a civil or criminal asset forfeiture, contact Chicago criminal defense lawyer Vadim A. Glozman.  Do not answer questions or provide any statements without speaking with an attorney. Even the best intentions of maintaining innocence can hurt a case.  Defenses to a asset forfeiture case can include:

• Owner of the property is innocent
• Unreasonable delay in forfeiture hearing
• Unreasonable search and seizure (4th amendment)
• Excessive fine / but the forfeiture of this property is grossly disproportionate to the severity of the defendant’s crimes (8th amendment)

Mr. Glozman and his team understand that no one ever wants to need a criminal defense attorney. But when you need a criminal defense attorney, you need an advocate who will give your case the best chance for a positive outcome. We treat our clients like family and give their cases immediate attention.

Contact us today to arrange an immediate consultation as soon as possible.