Sure they can. And the state has bottomless pockets. And the accused has squat since the state seized his assets. And assets have no rights. And if the accused does happen to win, all he gets is his stuff. No legal fees.
You're right, sounds straight up and fair...
Nope. Not like your fantasy land at all. Go sit in on a few. The last thing the cops want is to go before a judge because most are liberal fucks that side with the crook no matter what the circumstances are of the seizure.
No trace of any legit income but there sits the Escalade and M5 in the bad guy's drive. And the house is nothing more than a front for a marijuana grow. What? The cops didn't read Mr Bad Guy his rights in Spanish, Creole, Hindu, Chinese and Russian? Sorry. Escalade and M5 stay with the bad guy. Cops have to pay for tearing up the marijuana grow house, but they don't have to give the plants back to the bad guy. Hey, the judge isn't all bad.