Comment by qingcharles
21 hours ago
I've spent hundreds of hours in civil forfeiture court watching cases. It can be a real shitshow. The first thing to remember is that a lot of civil forfeiture starts before a court case is even filed.
In Illinois the district attorney will send you a notice saying they have seized your property and you have 14 days to dispute it in writing by filing a specific (confusing) type of form (which they tell you they will neither provide to you or assist you in any way to complete it). If you fail to notice the form, or if you can't figure it out, or file it late, then your stuff is gone. Dead. The form just means they now have to file a suit and serve you, and now the process starts a second, more complicated road where you have to go to court, file an appearance, potentially pay a lawyer, file motions and maybe go to trial.
99% of time once it goes to court the gov will sit down and have an informal negotiation with you to pay you not to go to trial on the case. The gov attorneys I knew all had an 80% figure. They would always start by saying "Look, we'll give you half your money back right now. I'll write you a check, this matter is over, you never need to come to court again." I would tip off everyone I could that the gov would go to 80% without a fight.
I've seen some funny ones. A dope dealer. They'd taken $150K in dope money. It was definitely dope money. But here they are telling him "Look, we'll give you $90K of it back right now, straight into your bank if you drop this. We'll also try to get you a year off your sentence too."
My ex's brother's situation was in the early-90s, when civil forfeiture was - well, I don't think the legal concept was new, but the cops sure acted like it was. They kept telling his attorney that there was no process to challenge the forfeiture, and the attorney seemed to confirm that. He spent countless hours just trying to figure out how to proceed in court.
I think at one point his attorney got a court to basically order the cops to return his assets, but the cops flat-out refused. I think that's when the cops came with the offer of about 10% of the value of the seized assets (around $50K). His attorney, a close family friend, advised him to take it.
My ex's brother was absolutely innocent. And the whole process broke him. He had to move him and his family back into his parents' house while the situation unfolded. And that's why he took his family to live in Mexico. It's such a shame, too, because last I heard he was doing really well in Mexico; he opened a bunch of automated car washes. So, it sucks that a hard-working, entrepreneurial dude like him took his talents to another country because the corrupt-ass local cops wanted free shit.