Getting out on Bail in Illinois

Getting out on Bail in Illinois

Stephanie Cortes
 | 
Know someone who's been arrested in Illinois? Here's a quick primer on Illinois bail laws. 

When an individual is arrested by law enforcement and charged for an alleged crime, that person may have the opportunity to become released until their case is heard by posting bail or obtaining a bond.

If the individual was not arrested due to a warrant, they will receive a bail hearing within 48 hours, where the judge or court official
determines the bail amount.

The decision considers factors of the offense including the possibility of the defendant participating in additional crimes and fleeing after release. It is important to know that in some cases, individuals may not be granted the opportunity for bail. 

Bail is a method utilized by the court to secure an agreement for release with the defendant that ensures they return for their hearings and comply with the conditions. Here is a short Illinois-specific guide for getting out on bail.


Who qualifies for bail in Illinois?

Individuals who are charged with commiting felony offenses may not qualify for bail.  It will depend on the factors of the case. 

Generally, individuals who are eligible for bail are determined by the court to be low risk. According to Justia.com, factors that are generally favorable in receiving bail “include a lack of prior criminal history and ties to the community.” By providing bail, the court strong believes that the defendant will return for their hearings and follow the conditions of release.

What are my options? 
If the defendant is eligible for posting bonds, they may consider the following four options in Georgia to bail out:


I-Bond:  Identical to a release on a defendant’s reocognizance, this bond does not require payment. The court, however, may require the defendant to sign documents agreeing to the judge’s conditions that are imposed to ensure they will return for their hearings and not commit any further offenses. The court generally provides this option to individuals who are charged with misdemeanor offenses and do not have have an extensive criminal history.

 

D-Bond: Identical to the surety bond, the court may order the defendant to pay a bond amount for release to ensure they appear to court hearings. The payment must be made to the Circult Clerk of Court.
Individuals may also utilize their personal property to pay for the bail amount. It is important to know that not showing up to court hearings and failing to comply with the conditions may result in Illinois court issuing a warrant for your arrest and taking away your property.


C-Bond: Identical to the cash bond, Individuals may pay the entire full bail amount with cash. It is suggested by Stuckinjail.com to ask the courthouse what forms of payments they accept. Some may not take credit cards or checks.

In Illinois, the defendant is required to post 10% of the entire amount of bail but not less than $25.

Getting out on Bail in Illinois
Illinois is one of 7 unique states in the US that do not utilize professional bail bond companies. According to Stuckinjail.com,  state lawmakers eliminated them in 1963 to avoid instability in the bail system. This also prohibits attorneys from providing bail security to anyone in the state, including their clients leaving the defendant’s loved ones to act as their agents. They can typically access kiosk in the lobby of Illinois jail facilities to post bail on the defendant’s behalf.

In Chicago, the facility plays a role in the amount of time the defendant remains in custody until released on bail. Generally, larger facilities such as Chicago Cook County Jail, may take more time to complete the booking process.

For misdeamenors, a bond may be determined prior make the process faster. However, for individuals charged with felony offense, a hearing is set to determine their eligibility and amount for release with conditions. This determination is based on factors such as the details of the crime, previous criminal history, community ties and low risk for fleeing. The defendant will then be allowed to make a call to request assistance with posting a bond.


How a lawyer can help
Consider hiring an attorney to help you navigate challenges in the bail system and guidance for your case. The following are ways an Illinois lawyer can represent your best interest:
  • For felony cases - If you were arrested for felony offenses, bail will not be provided to you on a local level. An attorney can help help you by filing a motion requesting the Superior Court to provide bail. This process is often complex and time-consuming.
  • Argue for “no bail” or “reduced bail” matters: These types of requests depend on several factors and an attorney can gather information needed to best represent your interest.


This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.
Stephanie Cortes

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