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Rolling Meadows, IL criminal defense attorney

If you are arrested and charged with a crime in Illinois, the court has to determine if they must hold you until your first court date, or if you can be released while awaiting trial. If you are released on bail, you must post a bond. A bond is an official document that states that you will appear at your trial or face additional consequences and can be secured through monetary means or through your own recognizance if the judge does not deem you a flight risk.

Being released from jail on bail also almost always means that there will be certain rules and requirements that you must adhere to while you are awaiting your trial. These rules, or conditions, are non-negotiable and are set forth by the judge after he or she has examined the details of your case. This is why the conditions of bail can be different for everyone, but it is important that you do not violate these requirements or you could face even more criminal charges.

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Rolling Meadows criminal charges defense attorney

Being arrested for a crime can be a very traumatic experience. When you are arrested, you are handcuffed by the police officer and taken to be processed and held in jail. Your first thought when you land in jail might be, “How can I get out?” Usually, the quickest way to do that is to have a friend or family member post bail for you. Typically, weeks or even months can pass between your initial arrest and the disposition of your sentence. Posting bail allows you to be released from custody and go about your normal life until you are requested to appear back in court. It is important to understand how the bail process works in case you or your loved one is ever facing criminal charges in Illinois. 

How Is Bail Set?

Depending on the type of crime, you might be allowed to post bail the same night you are arrested. For offenses that are more serious, such as violent crimes, you may be required to remain in custody until you attend a bail hearing before a judge. During this hearing, the judge will determine whether or not you are eligible for bail and at what amount your bail should be set. Judges use a variety of factors to determine whether you should be eligible for bail, including the seriousness of the alleged offense, the risk that you may attempt to flee before your case can be heard in court, and the safety risks that you may pose to other individuals or the community.

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b2ap3_thumbnail_Untitled-design-18.jpgIn the weeks leading up to the new year, counties throughout Illinois are preparing to implement the facets of a new law that should reduce jail overcrowding. Signed into law earlier this year, the Illinois Bail Reform Act was created with a goal of making it easier for those charged with minor criminal offenses to remain free until they are required to appear in court. 

Defendants Now Have Options to Gain Release

Proponents of the new legislation indicated that the previous bail system unfairly detained the poor and indigent for relatively minor offenses. The new law is said to restore a defendant’s constitutional rights, and avoid serving time in jail prior to actually receiving a trial. 

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Cook County criminal defense attorneyWhen facing criminal charges, you may be eligible for bail. This may give you the opportunity to spend time with family, work, and handle personal matters outside of police custody while you are awaiting trial for your charges. However, it is important to understand that bail is different for each case and situation. Furthermore, not everyone is eligible. Understand what bail is, how it works, how the amount is determined, and whether or not you may be eligible for bail in Cook County.

What is a Bail Bond?

Bail is an amount of money, set by a judge and paid to the courts, and the bond acts as a sort of collateral. By paying it, you are giving up something to be released from custody and are more likely to follow the rules to ensure the bond is not forfeited. These rules include not leaving the state of Illinois, appearing at all court hearings, not possessing a firearm or dangerous weapon, and not committing any further crimes while on release. In some cases, you may also be restricted from contacting the defendant (i.e. domestic battery cases).

Posted on in Criminal Law

bail, pretrial release, Arlington Heights criminal defense attorneyThe U.S. government estimates that about two-thirds of county jail inmates are simply awaiting trial, and the annual cost for this pretrial detention in criminal cases is about $6 billion. These numbers suggest that some defense lawyers may not be as aggressive as possible when seeking pretrial release. But remaining in custody prior to trial is a serious disadvantage.

From a legal perspective, many jurors assume that defendants who are incarcerated did something “wrong,” and so they are more willing to believe the prosecutors’ version of events. From a practical standpoint, defendants cannot work to support their families, spend time with their children, and assist in their own defense if they are behind bars.

The Law

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