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What Are the Conditions of Posting Bail in Illinois?

 Posted on November 12, 2020 in Criminal Defense

Will County criminal defense attorneyOne bad mistake can lead to a heap of trouble, including criminal charges if an illegal act was committed. If you have been arrested for a crime in Illinois, you may be wondering what to expect if you have not had any previous experience with the criminal justice system. Under Illinois law, an accused individual can be kept in custody, released on his or her own recognizance, or released on bail. If released on bail, a bond must be paid, which ensures the defendant’s appearance for future court dates and compliance with any other conditions of release. Typically, once a criminal case is over, 10 percent of the money posted is awarded to the clerk for the costs of posting bond. When someone posts bail, he or she must comply with certain restrictions or conditions of the bail bond. A violation of these rules can lead to further criminal charges. 

Bail Bond Restrictions

In cases where a person is eligible for bail, the judge will usually consider the defendant’s past criminal history, the nature of the offense, the likelihood of him or her fleeing, and the risk he or she poses to others. A few of the most common terms of bail in Illinois include:

  • Appearing at all court dates

  • Not traveling out of state

  • Obeying the laws of all jurisdictions

  • Surrendering firearms, ammunition, and FOID Card 

  • Submitting to psychological evaluations, medical care, or treatment

  • Avoiding contact with witnesses or victims

  • Refraining from alcohol or drug use and possession

  • Attending training, schooling, or vocational rehabilitation

  • Paying child support

  • Obeying curfew

  • Undergoing alcohol or drug testing

  • Using a monitoring/location device

Penalties for Violating Bail Conditions

Understanding the consequences of violating the terms of a bail bond is crucial to avoid unintentionally making another costly mistake. If a defendant violates any of the conditions of his or her bond, fails to appear in court, or is arrested for another crime, bail is usually revoked, which means he or she is taken back into custody. 

If an individual was arrested and charged with a misdemeanor and forfeits the conditions of his or her bail, then it is charged as a misdemeanor of the class below it, but not lower than a Class C misdemeanor. Another example of a bail violation is possessing a firearm, which results in a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent offense.

Contact a Joliet Criminal Defense Attorney

If you or someone you know were arrested but posted bail, it is imperative that you understand the terms of your bail bond. At the seasoned law firm of McNamara Phelan McSteen, LLC, we know how important negotiation skills are for resolving criminal cases through plea bargaining rather than going to trial in front of a jury. Our skilled Will County criminal defense lawyers will work tirelessly to ensure that your rights are protected every step of the way. To schedule a free consultation, call our office today at 815-727-0100.





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