(UPDATED 1/16/24: Cash bond in Illinois has been eliminated as of September 18, 2023. However, the court may still decide to keep you in jail if the state can show certain criteria. See our post: What to Expect at Your Illinois Bond Hearing Now That Cash Bail is Abolished and What you should know about Illinois’s New Law Ending Cash Bail.)
If you are arrested for a criminal offense, you may be released from the police station on personal recognizance, that is, without paying bail. If not, however, you may appear before a judge who will set bail and/or determine any other conditions of your release that are necessary to reasonably assure 1) your appearance, 2) the safety of the community, and 3) the likelihood of compliance with all conditions of bail.
Based on available information, the court looks at
- The nature and circumstances of the offense charged,
- Whether the offense involved the use or threats of violence,
- The likelihood the state will upgrade the charges against you,
- The likelihood of conviction,
- The potential sentence upon conviction,
- The weight of the evidence against you,
- Whether you have the motivation or ability to flee,
- Your past conduct,
- Whether the evidence shows that you engaged in significant possession, manufacture or delivery of a controlled substance, either individually or with others, and
- Whether you were already on bond or pretrial release pending trial.
The court must use the least restrictive conditions of bond necessary to insure your appearance and protect the integrity of the judicial system from threats to third parties. Any conditions of release should be nonmonetary. The court must also consider your socio-economic circumstances.
Conditions can include electronic home monitoring, curfews, drug counseling, stay-away orders and in-person reporting.
If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney may be able to bring favorable information to the judge’s attention in hopes of reducing your bail.
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.
See 725 ILCS 5/110-5.
(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.)
