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The process known as asset forfeiture can take place in two situations, when a defendant is convicted of a crime or if a person is arrested or detained by law enforcement officials. As the FBI puts it, asset forfeiture is meant to “take the profit out of crime.” However, asset forfeiture, especially in civil forfeiture cases, has been criticized for seemingly punishing innocent citizens, in order to provide often misused funds for law enforcement. If you are facing asset forfeiture, you need the best drug possession lawyer in Bloomington Illinois.
What Is Asset Forfeiture?
Asset forfeiture is the taking of a person’s property by state or federal governments, if the property is considered fruits or profit of illegal activities, or contraband. Contraband may include any illegal drugs seized during an arrest which are later destroyed if not used for evidence. The government can seize a person’s liquid cash, cars, houses, and bank accounts if they believe that these assets are part of criminal proceeds. As the best drug possession lawyer in Bloomington Illinois can explain, there are different kinds of asset forfeiture, the main ones being civil and criminal asset forfeiture.
In the case of criminal forfeiture, the government seizes the defendant’s property after the defendant is prosecuted and convicted of a crime. Forfeiture proceedings after a criminal conviction are common in drug cases. In cases of civil forfeiture, a person’s property can be seized without the person being charged of any crime if the police suspect that the property is the proceeds of criminal activity. The government has to give the owner of the property subject to forfeiture notice of a hearing on the appropriateness of forfeiture in a particular case.
In Illinois, the following property can be subject to forfeiture:
Once the property is seized and after a hearing determines that the property is to be forfeited to the government, the property is usually auctioned off at a public auction. The proceeds go into a fund to be distributed to various law enforcement groups.
Illinois law aims to protect an innocent owner whose property is seized while in the possession of another person who is arrested for a drug crime. If the owner did not know of the defendant’s actions, the owner may be able to reclaim his property. In addition, any money a defendant uses to pay attorney’s fees in relation to representation in a criminal proceeding is not subject to forfeiture either.
Who Is the Best Drug Possession Lawyer in Bloomington Illinois?
If you or someone you know is arrested for a state or federal drug crime, you may be asking who is the best drug possession lawyer Bloomington Illinois clients recommend. Contact Pioletti & Pioletti for a consultation on your specific case.
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