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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.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
In Article 36 of the Illinois Criminal Code, lawmakers address regulations related to the seizure and forfeiture of vehicles.
What are the types of forfeiture? Criminal forfeiture is included as part of a defendant's criminal prosecution. If the defendant is convicted or has a plea agreement, the court may forfeit the property. Civil forfeiture is a proceeding brought against the property itself.
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.