How Do Bail Bonds Work in Illinois?
A Bail Bond is the preferred method to ensure that a person appears at each and every court date. Bail has historically been some form of property, typically money, deposited or pledged to the court. The property that is deposited with the court secures the person’s release from custody while awaiting trial. If the person misses court the bail amount is forfeited and the defendant could face additional charges such as violation of bail bond (VOBB).
Who Can Post Bail?
Most people are familiar with bail bondsmen because of TV shows such as Dog the Bounty Hunter. However, despite their popularity in poplar culture Illinois has outlawed bail bondsman. Additionally, licensed attorneys are also prohibited from posting the bail amount. As a result, the person arrested must post bail on his or her own or he or she must find a person who will post the bail amount on his or her behalf. When a third-party posts the bail amount on behalf of someone else, the third-party is known as the surety on the bond.
What are the Three Types of Bail Bonds?
(1) An “I”-bond is a personal recognizance bond. An I-bond is essentially a promise that the suspect will appear in court and abide by the conditions of the bond. When a person receives an I-Bond they are not required to deposit anything to secure his or her release.
(2) A “D” bond is a deposit bond. A D-bond requires the defendant or surety to post a 10% deposit of the total bond amount. Example: If the defendant is given a $100,000 D-bond, the defendant would be required to post $10,000 to secure his or her pre-trial release.
(3) A “C” bond is a cash bond. A C-bond requires the total bond amount to be posted before an accused will be granted pre-trial release.
Which Criminal Offenses Can Be Given Bail?
Generally, anyone accused of a crime can be given bail while waiting for trial. However, the general rule has many exceptions. For example, those accused of capital offenses and offenses where life imprisonment is a potential penalty are not allowed bail if the proof is evident or the presumption great that the person is guilty of the offense. Bail may be granted in such cases only after the defendant can establish that the proof of his guilt is not evident and the presumption is not great.
In all cases, a court can deny bail if after a hearing, determines that the State has established that the accused’s release would pose a real and present threat to the physical safety of any person or persons or that the person is a flight risk.
What are the Factors a Court Considers When It Sets a Bail Amount?
The amount of bail is determined based upon two main factors. The first purpose of bail is to ensure that the accused will appear on time at each and every court date. The second main factor is to protect the safety of the community. In making this determination a court will consider the facts and circumstances of the case, the potential sentence upon conviction, the accused’s ties to the community, and the likelihood the accused will comply with the conditions of bail. The amount of bail should be sufficient enough to assure compliance with the conditions of bail; however, it shouldn’t be oppressive.
Posting bail is the only means of securing your release from custody while waiting for trial. The purpose of bail is to ensure that the person comes to court for each scheduled court date and to protect the community from harm.
If you are facing a bond hearing or if you have been given an excessive bail amount, contact Jaleel Law P.C. We will fight for your rights and do whatever we can to secure your release in custody while we create a defense strategy for you.