Understanding Bail/Bonds In Illinois
Dec. 4, 2020
After spending the morning waiting for, and ultimately prevailing on, a Motion to Modify Bond Conditions I figured what better topic to go over in this weeks entry.
A preface for this topic for the interested is no, no matter how many times you may have gleamed over Midnight Run (an exceptional movie by the by) private bail bonding is illegal in the State of Illinois since 1962; and out of state bounty hunters are also not allowed to come into the State in order to pursue fugitives.
If the above information leaves you despondent, pull up a chair and have a seat by the fire because so was I when I first learned it.
Bail Bonds General Information
When you’re arrested in the State of Illinois your first real experience in dealing with the judicial system is the determination as to whether or not you’re allowed to post Bail. For most individuals engaged in lower tier misdemeanors that will come in the form of a recognizance bond (more on that later).
For other individuals, the determination as to whether or not an individual is given the opportunity for Bail must be decided by a Judge during a hearing in Bond Court. During said hearing, the Judge will be provided with a litany of information ranging from the specific facts of your case, your criminal history, and even down to the minutiae of your work within your specific surrounding community. A good attorney during these hearings will inform the Judge of your background such as your work history, your education level, whether you have any children or dependents that rely upon you not being placed behind bars during the duration of the case.
In some situations, either due to the individual in question being a risk to leave the State of Illinois during the duration of their case; or, the facts of the case are to such an extent that the judge can only furrow their brow, an individual may be denied the opportunity to post bail entirely. Leaving them to stay within State custody and reside within the jail during the duration of their criminal proceedings.
In most cases, the opportunity for the individual to post bail is granted and with that a bond amount is usually set. Whether or not you will have to post money, or property, to satisfy the requirements of the bond is dependent on which type of bond you’ve received.
Types Of Bonds
There are three types of Bonds you’re most likely to encounter in Illinois, and those are:
I Bond (Recognizance Bond): These are the most simple, you have a bail amount set (lets say $5,000.00) and of that amount you do not need to pay a single cent of. You merely need to sign a promise that when ordered by the Court to return, the individual will do so.
D-Bond: Lets continue with the above example, you’re allowed to post bail and the judge sets the bond as $5,000.00 D. In this instance, you will need to post 10% of the total bond amount in order to be released from custody, which would be $500.00. If in the individual in question has $500 on their person, they can post bond themselves and be released. If they don’t then they will need the aid of either friends or family to post the bond amount for them. Attorneys cannot post bond for their clients, or lend them the money to do so.
C-Bond: These are extremely rare, and are only given in cases involving class x drug charges. In these instances, the Defendant must post the FULL amount in order to be released from custody.
Bond Conditions and You
Bonds usually come attached with them certain conditions that need to be honored by the individual during all portions of their criminal case. Most conditions are mandated by State law, such as that the Defendant must remain within the state during the duration of their case and they must agree to obey all of the laws within the State. Some additional conditions are unique to the specific case, so for instance a case involving illicit materials may have a bond condition that the Defendant must submit to random urine drops. Or, in cases involving domestic disputes, the Defendant may have the condition that they’re not allowed to have any contact with the complaining witness.
While the conditions of Bonds are set in the beginning, those conditions can be amended after a hearing via a motion by your defense attorney. For instance, in situations involving a domestic dispute wherein the complaining witness resides within the same household as the Defendant. Bonds issued in those cases come with the condition that the Defendant not be allowed any contact with the complaining witness, or return to the residence. Assuming the Defendant doesn’t have any nearby friends or family, and also assuming they’re able to post bond, they’re essentially living out on the street during the duration of their case. But as I mentioned before, those conditions are not final and can be amended by a successful hearing on the merits of your attorney’s motion. Which is why it’s important to have an attorney to turn to if you’ve been arrested to ensure that you are properly taken care of during these bond hearings.
If you’ve been arrested in Illinois, or have any questions regarding any legal issues you may be facing, I would ask that you consider Angelillo Law for your legal needs.