Articles Tagged with bail bond

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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.