Seizure of a vehicle may occur if used during the commission of many different crimes including:

First degree murder ● Involuntary manslaughter ● Reckless homicide ● Aggravated kidnapping ● Indecent solicitation of a child ● Solicitation of a juvenile prostitute ● Juvenile pimping ● Exploitation of a child ● Child pornography ● Terrorism ● Burglary ● Possession of burglary tools ● Residential burglary ● Arson ● Possession of explosives ● Reckless discharge of a firearm ● Armed robbery ● Gambling ● Aggravated battery with a firearm ● Aggravated battery with a machine gun or silencer ● Aggravated battery with great bodily harm ● Heinous battery ● Aggravated battery of a child ● Aggravated battery of a senior citizen ● Animal fighting ● Criminal sexual abuse ● Aggravated criminal sexual assault ● Aggravated criminal sexual abuse ● Criminal sexual assault ● Stalking ● Aggravated stalking ● Aggravated discharge of a firearm ● UUW-silencer/Machine gun/Silencer ● Possession of a deadly substance

Seizure of a vehicle may also occur if used during the commission of many different traffic offenses including:

Aggravated fleeing and eluding ● Driving while license suspended or revoked when based on a previous DUI conviction, statutory suspension, reckless homicide or leaving the scene of a personal injury accident ● DUI during a DUI revocation or summary suspension ● Third or subsequent DUI ● DUI with no insurance ● DUI with no license ● Second DUI resulting in reckless homicide ● Driving with no license when uninsured and personal injury, death or reckless homicide results ● vehicle used in commission of auto theft ● false compartments

 

Seizure & Forfeiture Lawyer

Illinois law permits vehicles, vessels, or aircraft used in the commission or attempted commission of certain types of crimes to be seized and delivered to a police or state agency. The list of crimes that allow for seizures is extensive and the Illinois legislature consistently adds to the list of qualifying crimes. However, the law does require that administrative agencies and law enforcement agencies follow very specific procedures. The seizure may be invalid if the agencies do not follow these proper procedures. Furthermore, Illinois law recognizes a number of exceptions and exemptions to the seizure law. If an agency has seized your vehicle, you should immediately contact an experienced criminal law attorney. Your rights and ability to regain your vehicle may depend on whether you contest the seizure in a timely manner.

 

Forfeiture proceedings can be brought against a vehicle for actual commission of the crime or the attempted commission of the crime. A forfeiture proceeding is completely separate from the criminal case. It is not affected by the outcome of the criminal case (such as a failure to file charges, a not guilty verdict, or a plea agreement). The forfeiture case is a civil proceeding against the vehicle itself, not the defendant in the criminal case. The property must be seized in the county of forfeiture of must have been used to commit the offense or attempted offense in that county.

 

It is important to note that there are exceptions that may be claimed by owners of property that is the subject of the seizure, such as the hardship exception and the innocent owner exception. The hardship exception is one that may be claimed if the owner argues that the vehicle is the only one owned by the family or that they rely on the vehicle for transportation to and from employment. The innocent owner exception is one that may be claimed if the owner of the vehicle is not the arrested party, and that they can prove at a hearing that they did not and should not have known about the arrested party’s actions.

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Mitchell S. Sexner & Associates LLC • Attorneys at Law since 1990

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Information herein is for Illinois informational purposes only and not intended to create an attorney-client relationship. Any use of information is at user's own risk. A qualified legal or medical professional should be consulted first when professional advice is required. Cases may be referred to other qualified attorneys after full disclosure. As each case is different, results may vary. Advertising material. Refer to disclaimer page for full information.