Getting Out on Bond

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Bond Court and Bail Hearings: The Importance of First Impressions and Getting Out on Bond

Getting a bond that you or your family can afford is one of the most important services an Illinois criminal defense lawyer can provide. If someone you care about has been arrested for a felony, Illinois law requires that he be brought to a bond court within 48 hours to determine whether he will be released or kept in jail during his case.

The bond hearing stage is crucial not only because it is the court's first impression of the defendant and his case, but also, because whether the court decides to hold the defendant in jail or release him on bail during his case can either help or hurt the actual case itself. A client out on bond can more easily prepare a defense and consult with his lawyer, is looked at in higher esteem, perhaps subconsciously, by judges and prosecutors, can use his bond money to pay his attorney's fees and, perhaps most importantly for the defendant, can live at home instead of in jail while he fights his case in court.

As the author of the "Getting the Early Advantage" chapter of Thomson Reuter's "Inside the Minds: Defense Strategies" textbook, I devoted a large part of the chapter to discussing how to get the best possible bond for clients because it is such a crucial stage of any criminal accusation. Because many lawyers do not know the statutory factors governing whether to release on bond, and because your bond judge almost certainly does, it is important to refer to and use them when arguing for a bond. Some of these factors include:

  • The Defendant's non-violent nature,
  • Military record,
  • The absence of a history of bond forfeiture or failures to appear,
  • The lack of allegiance to any gang, and
  • The defendant's roots in the community as evidenced by family ties, property ownership, and length of residence in the jurisdiction.

Finally, if you are charged with possession or delivery of cannabis, cocaine, or Methamphetamine, the court will also consider the "street value" of the alleged coke, weed, or meth as is required by 725 ILCS 5/110-5(b)(4). In such cases, it is important to highlight to the bond court judge flaws or weaknesses in the evidence.

The Bond Court Judge Can Do One of Three Possible Things at the Bond Hearing

The Bond Court judge can generally make one of three decisions. The best possible outcome at a bond hearing is for the judge to release the defendant on his own recognizance, also known as an "I" bond; this means that the defendant will not have to put up any money to secure his release and can wait out his case while free to live at home. The rules and procedures delineating how to obtain a release on personal recognizance are found in 725 ILCS 5/110 2.

Normally in felony cases, the judge will take the second best route for the client which is releasing a defendant on the condition that he post an amount of money in order to secure his compliance with court conditions.

The worst possible decision for the client is when the Bond Court denies bail forcing the client to remain incarcerated while his case is resolved. In some cases, the judge is required to deny bail unless the bond lawyer can prove that the proof against the client is not evident nor the presumption great that he is guilty.

Getting Out on Bond When Prosecutors Have Filed a Request for a Source of Bail Hearing

In some case, a judge has set a bond and the family has the money to post bail, but there is a hold preventing release because prosecutors have filed a request for proof that the bail funds come from a legal source. These requests are filed more in drug cases than in violent crime or sexual misconduct accusations because of the revenue generating nature of drug trafficking. Being unprepared for the government's request for a source of bail can cause your friend or family member several extra days and possibly even weeks in jail.

For more on overcoming the government's request for a source of bail hearing please read my blog article "Getting Out on Bond When Prosecutors Have Filed a Source of Bail in Illinois"

Where Will the Bond Hearing Take Place?

Chicago arrests are usually brought to Central Bond Court in Room 100 at 2600 South California, Chicago, Illinois, unless the arrest is for Domestic Violence in which case the bond hearing will normally be at the Chicago courthouse at 555 W. Harrison. If the arrest happened in the suburbs, bond court will normally be held in one of the satellite courthouses in Maywood, Rolling Meadows, Bridgeview, Markham or Skokie, depending on what police department made the arrest. For directions, maps, and phone numbers to these courthouses, please visit my "Useful Resources" page. While the suburban courthouses have bond court Monday through Saturday, Chicago's Central Bond Court can hold bail hearings seven days a week.

You may pay bonds with credit card, bank or cashier's check, or cash. Visit the Cook County Sheriff's website for specifics on how to post bond in Cook County.

After the Bond Hearing-Motions to Reduce Bail

If you are disappointed at the results of your bond hearing do not despair. After the bond hearing, most courts, including Chicago and Cook County courts, will transfer the defendant to a permanent trial judge where you can, pursuant to statutory requirements, file a motion to reduce bail. 725 ILCS 5/110-6.

An Experienced Bond Lawyer is Available Every Day of the Year, 24 Hours a Day to Help

Obtaining an affordable bond is one of the most important services a Chicago criminal lawyer can provide you. If your family, friend, or loved one has been arrested and is awaiting a bond hearing, or has already had a bond hearing but cannot be released because of the government's request for a source of bail, myself or a lawyer from my office is available to help you any time of the day or year. Call us at 312.789.8050, or contact me online for a free confidential consultation.