How Can I Post Bail in Will County, Illinois?

 Posted on February 28, 2022 in Criminal Defense

Much has been made in recent years of necessary reforms to the criminal bail system. Nevertheless, until bail is no longer required or there is another way to ensure people charged with crimes appear in court, bail will continue to plague people who have yet to be proven guilty. If you or a loved one has been arrested and charged with a crime in Illinois, you should know as much as you can about how the bail system works. 

What is Bail? 

When someone is accused of a crime in Illinois, the state has several options. Depending on the severity of the crime, the alleged perpetrator may be kept in jail, released on bail, or released without having to post bail. If someone has enough money to pay the full amount of bail with cash, he or she can do that. If not, a jail may allow a surety bond, which lets the defendant out of jail after 10 to 15 percent of the bail is posted. No matter what happens, the defendant never gets back the 10 percent of a surety bond because the court keeps it as a fee. 

What Happens to Bail if I Do Not Show Up to Court as Ordered? 

If you posted bail on the condition that you would attend future court dates, even if you miss that court date by accident, the consequences can be very costly. In addition to forfeiting (losing) the entire bail, you can be put back in jail and charged with a Class C misdemeanor for missing court. Violating other bail conditions, such as possessing a firearm while out on bail, can also cause you to lose your bail and incur further criminal charges. 

How Are Bail Amounts Determined? 

Because many factors can influence a judge’s decision to set bail, two people charged for the same crime may have very different bail amounts. Factors judges can consider include, but are not limited to: 

• The nature of the crime
• The defendant’s previous criminal record
• Whether a defendant has failed to appear for court in the past
• Whether a defendant is likely to flee if he or she posts bail
• The defendant’s employment record
• The defendant’s personal character and mental wellbeing 
• The defendant’s community and family ties and responsibilities 

Meet with a Will County Criminal Defense Lawyer

If you are facing criminal charges, especially for the first time, navigating the Illinois legal system can be confusing. You may be hearing information from many sources, some of which could be incorrect and have a negative effect on the outcome of your case. To get answers and representation from experienced Will County criminal defense attorneys you can trust, schedule a free consultation with McNamara Phelan McSteen, LLC. You can also call us if your loved one has been jailed. We are available 24/7 to answer your call. Contact us at 815-727-0100. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072500050K110-5