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Any vessel, vehicle, or aircraft used in the commission of certain crimes, which are listed in the text of the Illinois Criminal Code below, may be seized and delivered to the county sheriff. Within 15 days of the seizure, the sheriff must give notice of the seizure to the vehicles proprietor.
Civil forfeiture, legal process that enables a government to seize property and other assets belonging to persons suspected of committing a crime. The main purpose of civil forfeiture is to provide an effective means of prosecuting criminals and fighting organized crime.
Civil asset forfeiture is the legal process that allows law enforcement to take property they believe is used or intended to be used in committing certain crimes. The owners of the property do not have to be charged with a crime for the property to be taken.
Oklahoma earns a D- for its civil forfeiture laws. Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime. Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Illinois state 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.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
Remission, referring to the return of forfeited assets, and mitigation, referring to acceptance of a smaller financial penalty in lieu of forfeiture, are discretionary forms of relief granted by the agencies that are involved in seizing property or by the Criminal Division of the Department of Justice in Washington, ...
Bankruptcy to Avoid Repo and Property Seizure When you file for bankruptcy, you can stop the seizure and potential sale of your vehicle, avoiding further legal and debt problems. In addition, filing for bankruptcy before your vehicle is seized also discharges the debt owed to the creditor on the vehicle.