
When law enforcement seizes your cash, vehicle, or other property, you may have to act quickly to get it back. Asset forfeiture cases involve strict procedures and deadlines. In a variety of cases, the government may pursue your property, even if you have not been convicted of a crime. An Edwardsville asset forfeiture lawyer can challenge the seizure, protect your rights, and pursue the return of your property.
A skilled Edwardsville criminal defense lawyer from The Law Office of Jessica Koester, LLC, can challenge the state and work to recover property taken from you.
Asset forfeiture is a legal process that allows the government to take any property that it claims is connected to criminal activity. Law enforcement may seize cash, vehicles, real estate, weapons, or other valuables that may have been used to commit an offense or obtained with illegal proceeds. A seizure is the initial taking of the property, while forfeiture is the legal process through which the government seeks permanent ownership.
In 2025, the state filed 5,151 seizure records with the Illinois State Police. Losing possession of an asset doesn’t necessarily mean the government has the right to keep it. Property owners may contest the forfeiture by challenging the alleged link between the property and a crime. They could also show how they didn’t know that it was being used illegally. Because these cases have specific notice requirements and filing deadlines, acting promptly can be critical to recovering seized property.
Criminal and civil asset forfeiture differ mainly in what the government brings its case against. Criminal forfeiture is directed at a person and generally follows a criminal conviction. Prosecutors must connect the property to the offense, and forfeiture may become part of the defendant’s sentence. Examples may include money earned through illegal activity or vehicles used to commit a crime.
Civil forfeiture is brought against the property itself. The government may pursue cash, vehicles, or other assets it claims are connected to unlawful activity, even when the owner is never charged or convicted. Because the forfeiture case is separate from any criminal prosecution, property owners must actively contest the government’s claim. The appropriate defense depends on the type of proceeding, the alleged connection to the criminal activity, and the owner’s knowledge of how the property was being used.
Across the U.S., federal agencies seized $1.8 billion in property connected to crimes. The Edwardsville Police Department or other law enforcement agencies may seize property suspected of being used in a crime, obtained through illegal activity, or purchased with unlawful proceeds. Assets commonly targeted for forfeiture include:
A seizure doesn’t prove that the property is forfeitable. The government must establish the required legal connection between the asset and the alleged offense. An experienced criminal defense attorney can work to challenge the prosecutor’s case and recover your property.
The police can seize property when officers believe it to be connected to criminal activity. However, the specific reason for the seizure can affect how an owner challenges the forfeiture. Common allegations include the following:
The asset forfeiture process usually begins when law enforcement seizes property during an arrest, a traffic stop, a search, or an investigation. The agency then provides information about the seizure to the appropriate prosecutor, who determines whether to pursue forfeiture. The property owner should receive notice explaining the government’s claim and how to contest it. Under state asset forfeiture laws, the owner typically has 45 days to contest the forfeiture.
An asset forfeiture case may involve exchanging evidence, filing motions, negotiating with prosecutors, and appearing at a court hearing. The government must establish that the property has the legally required connection to criminal activity. The owner may dispute that connection, challenge an unlawful search or seizure, or raise an innocent-owner defense. If the challenge succeeds, the property must be returned. Otherwise, ownership may be transferred to the government.
The Law Office of Jessica Koester, LLC, provides determined, detail-oriented representation to property owners facing asset forfeiture. With decades of experience, our attorney, Jessica Koester, understands how to:
As a lifelong Edwardsville resident, she offers clients local knowledge, along with experience in handling matters through state and federal court. Jessica Koester personally addresses every aspect of each client’s case and provides responsive, compassionate service throughout the process. The firm works hard at every stage to protect clients’ rights and seek a just result.
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Losing access to your money, vehicle, or other property can disrupt nearly every part of your life. Contesting an asset forfeiture requires careful preparation, supporting evidence, and compliance with all filing requirements. Hire an asset forfeiture lawyer from The Law Office of Jessica Koester, LLC, today for the legal guidance you need to recover your property and assert your rights.
Contact us today to discuss your case and learn more about how an Edwardsville asset forfeiture attorney from our firm can help you. During your initial consultation, we can go over the circumstances of the seizure, explain your rights for challenging the state’s case, and begin creating a legal strategy.
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