Illinois abolished cash bail as of September 2023. However, a judge may still hold you in jail if the state shows: (1) proof is evident or the presumption great that you committed a detainable offense, (2) you pose a threat to the victim or community or you are a flight risk, and  (3) no combination of conditions could lessen this threat or the risk of flight.

An attorney can dispute the state’s evidence of the above conditions.  Did your offense fit the definition of detainable? Are you still a threat to the victim?  Would some combination of conditions lessen that threat?

For example, in People v. Crawford, the defendant was charged with stalking.  However, the appellate court found little evidence that the defendant was still a threat.  In the seven months before charges were filed, defendant had complied with an order of protection, had moved far from the victim and had a baby coming with a new woman.

 If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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The answer is yes. An experienced criminal law attorney can present your situation in the light most favorable to a judge, which could mean the difference between waiting for your trial inside the county jail or out.

If you are arrested for a crime in Illinois, there are three types of bonds, an I-bond, D-bond and C-bond. If you are charged with a lesser offense, you might be released on an I-bond at the time of your arrest. An I-bond means you do not have to pay money or wait for a court hearing. You are allowed to go on your own recognizance.

If your charges are more serious or you have a past criminal history, you may be held in jail until the next business morning for a bond hearing. At that hearing, you may be ordered to pay either a D- or C-bond, or the judge may refuse to grant bond at all so that you must remain in jail. A D-bond means you must pay 10% of whatever amount the judge sets as bond. For example, if the bond is $10,000, you must come up with $1,000 to be released from jail. There are no bail bondsmen in the State of Illinois, so you will need to get that money from your own resources.

If your crime or criminal history is particularly bad, you may have to pay a C-bond, which is the entire amount set by the judge. A C-bond can be set so high that is like having no bond at all.

If you cannot pay your C- or D-bond, you will be held in jail until the disposition of your case by trial or plea agreement.

While having an attorney does not guarantee that you will be set free, an attorney can help persuade the judge to set a lower bond or to allow some other arrangement such as home monitoring. An attorney who is familiar with the judges in your courthouse is likely to have a better idea than most clients on what arguments are likely to sway a judge. If you cannot afford an attorney, a public defender will be assigned for purposes of the bond hearing.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

For information on posting bond, visit our website at Where to Post Bond.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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What is a preliminary hearing? Why is it important? What are your options?

The preliminary examination or hearing usually takes place about one month after your bond hearing. At that time, a judge will hear testimony, usually from police, to ascertain whether there was probable cause to arrest you. If the court finds probable cause, the case will then be assigned to the appropriate courtroom dealing with your type of offense. However, if the court finds the officers lacked probable cause, the case is dismissed, and you are probably home free.

A finding of probable cause does not mean you are guilty. The court will normally hear your plea of guilty or innocent on the next court date. The preliminary hearing is not a miniature trial. Your side need not present witnesses, nor is it generally desirable to do so. Usually, the less the state knows about your case the better: Any testimony from your side can be used to impeach your witnesses later. By the same token, your attorney may be able to use the officers’ testimony from the preliminary hearing to impeach them at trial.

The odds are rather high that the court will find probable cause. The burden of proof for probable cause is not a difficult one for the state to make. An experienced criminal law attorney, however, can still be critical even at this juncture. Your attorney can question the state’s witnesses in order to highlight weaknesses in their cse. On limited occasions, those weaknesses are enough to get the case dismissed.

An attorney can also help navigate the best strategy for your situation. For example, the state’s attorney may offer a plea agreement that is too good to refuse. Perhaps the evidence against you on the felony charge is very strong, but the state will reduce charges to an expungeable-type misdemeanor.

If you or someone you know has been charged with a felony, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

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What can happen to you and what can you do?

In most Cook County criminal cases such as at the Skokie, Rolling Meadows and Maywood courthouses, attendance at court dates is mandatory. Failing to show up for court is a serious matter with serious consequences. The judge can issue a “bond forfeiture warrant.” That means any bond you may have posted will now belong to the State. Additionally, the court has now issued a warrant for your arrest.

If you did miss court, however, there is still hope. With the help of an experienced attorney, you can bring a motion before the court to vacate the bond forfeiture/warrant so that the new arrest warrant will be quashed and you can continue to defend your case under the old warrant. Be warned, however, that judges only have so much patience. If you continually miss court dates, it may be difficult to vacate a warrant if it becomes a habit.

If you missed a court date for a speeding ticket or other traffic offense, the court can find you guilty in your absence. You may be able to get the judgment against you vacated and make an appearance on your ticket. An experienced attorney can greatly assist you.

If you have an outstanding warrant for a criminal offense or if you missed a traffic ticket date, please feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com for assistance.

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

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In Illinois, if your loved one has been picked up for a relatively minor offense and has a clean record, they may be eligible for an I-Bond. That means they can leave the police station on their personal promise that they will appear in Court.

But what if the situation is more serious? In that case, your loved one may be held over for a bond hearing until the earliest possible court business date. At the hearing, a Judge will decide how much money a criminal defendant must post in order to be released from police custody. If your loved one had the bad fortune to be picked up on a Friday night, they may have to spend the weekend in jail.

If you receive that distressed call, you are best advised to contact an attorney immediately. An attorney can visit your loved one in the police station, advise them not to talk to police and notify the police that they are represented by an attorney and will not answer questions. Timely intervention can help prevent your loved one from caving into police pressure and providing the evidence needed for a conviction.

An attorney can also play an important role at the bond hearing. At the hearing, the State will likely argue that a high bond or bail should be set. In Illinois courts, such as the Circuit Courts at Skokie, Rolling Meadows and Maywood, your loved one will have to post 10% of any bond that the Judge sets in order to be released. The bond may be set so high that your loved one has no hope of making it and must then remain in jail. An experienced attorney may be able to assess which arguments are most likely to sway a particular Judge to lower bail.

If you have questions or need immediate assistance, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com for advice.

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