A defendant shall not be subject to an oppressive bond. The statute which controls bond reductions states that a bond shall not be set that is higher than necessary to cause the defendant to appear in court. However, in reality a bond can be any amount that a judge sets. In Illinois bail bondsmen are prohibited by statute. Therefore, you cannot simply pay a bail bond outfit to secure a defendant's release.
Bond Mathematics - In Illinois you have two options when posting bond. You can either post the full amount or 10% of the bond amount (unless the judge issues a 100% only cash bond). If 10% of the bond is posted the circuit clerk's office will keep 10% of the amount actually posted. So if a bond is set at $25,000 then only $2,500 need be posted. In that case the clerk will keep 10% of that amount or $250.00. In some instances a first offender charged with a low level felony will receive a recognizance bond (no money need be posted). Recognizance is that person's promise to appear in court in lieu of posting cash bond.
Usually the bond amounts vary from $10,000 to $250,000. The bond amounts are usually set in accordance with the nature of the offense. If the charge is serious (i.e. Murder, Manufacturing Methamphetamine, Armed Robbery, etc.) then the bond will be towards the higher end. Some other factors that result in a higher bond are:
- If the Defendant resides outside the State.
- If the Defendant has other charges pending.
- If the Defendant has broken bond conditions before.
- If the Defendant has prior felony convictions.
- Whether serious physical harm resulted to the victim.
- Whether the Defendant poses a risk to the community.
Bond can be revoked. If a defendant is on bond and commits another offense the State may move unilaterally to revoke that person's bond. In such an instance the defendant will stay in jail until his case is concluded or bond is reinstated. This happens frequently. Bond can also be revoked should a defendant violate any condition of their bond (i.e. no contact with a victim).
At Polinske & Associates, P.C., we can quickly resolve bond issues. If bond is originally set too high we can negotiate a reduced bond. We frequently obtain recognizance bonds the same day we are hired. Each county is different of course. The same statutes apply but the manner in which the judges rule upon motions are starkly different from one county to another. Many clients are surprised by how quickly we can get their loved ones released via recognizance bond.
Call us to discuss bond reduction in your case. If your family member is in jail and cannot post the bond as set call us today so we can get their bond lowered.
Bond Assignments - Many times a family puts together a large sum of money that is posted as bond to secure the release of their family member. Then the family worries about how they can afford to hire private counsel. Fortunately there exists a tool called a "bond assignment". The bond assignment is a lien placed against the bond posted for a defendant. After the case is resolved the bond assignment is applied to satisfy all or a part of the attorney's fee. This means that the family does not have to pay bond and then worry about getting more money together to pay for an attorney. The attorney can accept a bond assignment in lieu of all or part of the fee. Bond assignments are routinely used.
Bond can also be paid online in many counties. Run a search to discover whether this is available for you. This is very convenient especially when a client is taken into custody on the weekend or a court holiday. Rather than sit in jail until Monday their family can post the bond payment online thereby securing the release in a relatively short period of time.
» Felony Bond Reduction Strategies in Illinois
What Are You Waiting For?
Call us today so we can help you secure bond for your friend or family member. Contact us by e-mail or call us at 618-505-4213 (877-632-3089 toll-free). A free initial consultation is available when and where you need it.
Recent Successes
February 2011 - I don't routinely update this portion of my site but suffice it to state that we have obtained quite a number of recognizance bonds for my clients. This week alone we produced three recognizance bonds on felony cases. This is done with the State's cooperation and usually only for class 2 felony offenses and lower.
August 2011 - Bond Reduction - Aggravated Criminal Sexual Abuse- We were able to obtain a recognizance bond reduction for a client of ours whose bond was previously set at $150,000. Recognizance means the client does not need to post a money bond.
2011 - My client was arrested for Cannabis Trafficking. He allegedly possessed 67 pounds of cannabis that was discovered in a travel container by the police . My client's bond was set at $150,000. We were able to convince a judge to reduce his bond to a more manageable bond of $75,000. My client has posted the bond and is back in California awaiting trial in his case.
