Lawyers For Unlawful Asset Seizure in Wheaton, Illinois
You may know that police departments and other law enforcement agencies have the power to seize and confiscate assets acquired or generated through criminal activity. What many do not realize, however, is that government entities may be allowed to keep your property even if the associated criminal charges against you are dismissed—or never even filed in the first place! At Anderson Attorneys & Advisors, we understand why the law allows the government to seize property acquired through illegal means or used to commit a crime, but, sometimes, things go too far. When they do, you need one of our skilled attorneys on your side to protect your assets and have them returned to you as soon as possible.
Dependable Asset Forfeiture Counsel in Carol Stream
As the name implies, civil asset forfeiture is a civil matter that may be related to a criminal case but is handled separately. This creates several important distinctions. First, not every criminal defense attorney has the skills and legal experience to effectively handle asset forfeiture proceedings. Attorney Audriana Anderson is a former prosecutor with the DuPage County State’s Attorney’s office who possesses a vast working knowledge of the laws related to seized assets and their potential forfeiture.
The other distinction is that civil matters utilize a lower burden of proof than the standard used in criminal court. Recent changes to the law in Illinois require the government to show by a preponderance of the evidence, or more likely than not, that the property in question is subject to being forfeited. The government must prove its case beyond a reasonable doubt in criminal court. Therefore, even if you are acquitted of any wrongdoing in criminal court, without the proper help, you could still lose your property in civil asset forfeiture proceedings.
Protecting Your Rights
Both Illinois and federal law give the government the authority to seize private property if there is reasonable suspicion that the property is being used to facilitate a crime or for other criminal purposes. Asset seizures are common in cases involving drug trafficking and conspiracy, as well as embezzlement, money laundering, and other white-collar crimes. There have been several high-profile cases, however, in which assets have been seized by police in connection with DUI charges or certain moving violations. Property that has been seized may be kept by the government or sold at auction for a profit unless you act.
While updates to asset forfeiture laws have made the forfeiture process a little more difficult for government entities, getting your property back will still be a challenge. At Anderson Attorneys & Advisors, we realize that asset forfeiture proceedings become part of the public record and often take place before the related criminal trial. This means that anything you say during the asset forfeiture case could possibly be used as evidence in the criminal proceedings. Our attorneys will help you analyze your situation and make the best decisions possible for yourself and your family.
Call 630-877-5800 for an Appointment
If your property has been seized in connection with a crime—even one allegedly committed by someone else—you need an experienced attorney. Contact the Wheaton office of Anderson Attorneys & Advisors to get the help you need today. Call 630-877-5800 or fill out our online contact form for a confidential consultation. Our firm represents clients in Warrenville, Winfield, West Chicago, Carol Stream, Glen Ellyn, Glendale Heights, and throughout DuPage County.