Under the Safe-T Act, Illinois no longer uses cash bail.  However, this is not a get out of jail free card.  Once you are arrested, the court can still hold you in jail under certain standards or at least impose conditions on your release.

            To determine your release, the court must consider the following:

  • the nature and circumstances of your offense;
  • the weight of the evidence against you;
  • your history and characteristics including your character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, drug or alcohol abuse history, conduct, criminal history, your record for showing up at court proceedings, and whether you are already before the court such as on probation.
  • the nature and seriousness of the real and present threat to the safety of others. There must be specific, articulable facts to support this criteria.
  • whether you would pose a serious risk in obstructing the criminal justice system;
  • whether you were charged with violating a protective order or have certain other domestic battery,  kidnapping, harassing or violent offenses against a former spouse or partner.  The court may consider, among other items, your mental health, the severity of the offense, your access to deadly weapons and whether you have a history of domestic violence, abusing alcohol or drugs or violating court orders.
  • in cases of stalking, the court may further consider other factors including any evidence of violence in your criminal history, anything in your psychological, psychiatric, or other similar social history that shows a violent, abusive, or assaultive nature; your own statements and the age and physical condition of the victim.

The conditions of your release must be the least restrictive necessary to reasonably ensure your appearance and the safety of others.  This can include electronic home monitoring or your release subject to certain restrictions such a no contact order.

If you or your loved one has been arrested, contact an experienced criminal law attorney immediately.  An attorney, who is familiar with your courthouse, can help present your situation in its most favorable light keeping in mind the preferences of your particular judge and the criteria the judge must use to determine the conditions of your release. 

 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.

Reference:  725 ILCS 5/110-5

See our related web page: New Rules on Illinois Bond and our related post at What You Should Know About Illinois’s New Rule Ending Cash Bail.

(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.)

Spread the love
This entry was posted in Uncategorized. Bookmark the permalink.