Q: I was pulled over and arrested in illinois. They towed my car and I went to jail. There is a article 36 hold on it.
When will I know if they are seizing it
A: The words may be getting in the way. The police already HAVE seized your car pursuant to Article 36 which is a statute in the Illinois Criminal Code, found at 720 ILCS 5/36-1. The State will now begin the process of asset forfeiture. If you make a demand for trial, the State must be able to prove that it met the criteria necessary to justify taking your property. If the State is not able to prove its case, the property must be returned to you. You really need to be represented by an experienced attorney to have any likelihood of success. Discuss your case with an attorney who practices forfeiture law in the County where you were arrested.
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