Articles Tagged with bail bond

nicolas-barbier-garreau-256433-copy-300x240The cash bail system has drawn flak from all quarters for many decades. The system’s insensitive handling of people with criminal charges needs proper revision. The instance of Lavette Mayes is a telling example. Mayes could not pay the huge bail amount that the judge charged her with. Only with the help of her defense attorney and a local bail funding organization, Mayes managed to free herself from custody.

Benefits of Chicago Bail Law Reforms

The Illinois bail reform passed in 2017 is a big boon to residents of the state. According to the reform bill, cash for bail will not be necessary anymore. Most of the inmates languishing in the state prisons are there because they cannot pay bail. With the reform, you need not spend time in jail for nonviolent or misdemeanor charges, or some low-grade felonies.

aidan-bartos-313782-copy-300x200Often, defendants ask the court to accept a suspension of payment. They need an appealing bond that should be in Illinois. The court requires the appeal bond to be posted way before the filing of the appeal. That is the case if one needs to have the ability of not paying for the judgment right away.

An appeal bond in the state of Illinois must be offered. This is in addition to it being within the timely notice stipulated in the appeal providence. It is a requirement for a monetary judgment stay of enforcement. This mechanism is clearly illustrated under Rule 305(A) in the Illinois rules civil procedure. It is a must for the bind to be filled within the duration of the filing of the notice of the appeal. If it is not, then within the extended time duration granted under the paragraph (C) of section 205, it must be followed by a notice being offered to the appeal from a judgment debtor. The notice has to be timely.

The writing of the appeal bond in Illinois must be inclusive of the amount. The amount must be calculated to be ample enough to cover all the relevant costs including for judges and court fees and interests. They also include the reasonably anticipated interest that can accrue while the appeal is pending unless the court makes a decision that the bond within the sum average of the judgment, added to the cost and the anticipated interest, is not within reasons procurable to a judgment debtor. In this case, the court can approve an appeal bond within the paramount amount that is understandably available to the concerned judgment debtor.

Gallaecia_petrea_02-57c-200x300Many people can not afford to post bail when they are arrested. This has caused a lot of Illinois prisons to be overcrowded. Legislators in Chicago has taken several measures to try to lower the cost of bail.

This summer, the Governor Rauner signed legislation allowing bail relief to non-violent offenders at a local Chicago Baptist Institute. This will create the opportunity for those who are detained for low-level crimes to pay a lower fee to be released. The Governor believes that this is “an important step in improving our state’s criminal justice system. Our system must work equally for all our residents, in every community, regardless of their income,” Rauner said. “We should be focused on putting people in jobs, not jail.”

Knowing When and How to Post Bail

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Access to bond and bail is meant to be a constitutional right, but there are certain requirements that might prove to be impediments to some people when they attempt to assert this right. Illinois requires that a person who is granted bail sets aside some money as surety of his or her appearance at the court. According to the provisions of 725 ILCS 5/102-6, the amount that is set is meant to be sufficient to deter the person from absconding. Of course, once the person absconds, the money is forfeited. Bail is meant to ensure that people who are not yet found guilty of a crime are not incarcerated for long periods of time under remand provisions.

There are times when the court sets out a cash bail to ensure that there are funds available to the court before the person is released. The courts will accept travelers’ checks, USD, and money orders. The violation of the bond terms can have serious consequences for both the surety and the suspect. As a starting point, an arrest warrant will be issued, and once the person is captured, he or she will find it difficult to secure bail in the future. In some extreme cases, the surety may be incarcerated if it is proved that he or she was acting under false pretenses in order to allow the suspect to escape from justice.

Implications for the Indigent Defendants

javier-villaraco-235574-copy-300x225The right to bail is constitutionally protected in Chicago and across the USA and is relevant in the wake of increased custodial sentencing. It is a key piece of procedural content for the court process. Many ordinary members of the public do not understand how bail works. That means that they are at risk of spending significant time in jail on remand rather than being out on bail. The court is faced with three main considerations when deciding whether or not to give bail:

  • The risk of absconding
  • The risk of committing other crimes whilst on bail

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The Chicago Tribune reports that a Chicago man is currently being held at the Skokie courthouse jail with bail set at $250,000 for allegedly Tasering a 79-year old woman during an attempted robbery. The man is charged with aggravated battery and attempted robbery after supposedly attacking the elderly woman while she was sitting in her car. The man’s public defender has released a statement indicating that the defendant does not have enough money to post bail. Therefore, he will remain in jail at least until his preliminary hearing which is currently scheduled for September 8th. But why did the court decide to set this man’s bail at $250,000? What factors does a court take into consideration when setting bail? This article provides a brief overview of what bail is and how it is set in Illinois.

What is Bail?

Simply put, bail is the amount of money that a court requires in exchange for releasing an accused criminal defendant from custody while he or she awaits a day in court. Money paid as bail is refundable and is returned to the defendant after he or she appears for the court date and satisfies any other conditions of bail. However, if the defendant skips town or does not appear in court for some reason then that bail is forfeited. The idea is that defendants who have posted a seizable bail will be strongly incentivized to show up at court for their trials.