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Articles Tagged with bond appeal

javier-villaraco-235574-copy-300x225Curtis Lovelace was charged with the murder of his wife, Cory Lovelace, in Illinois. After a mistrial the first time around, a jury decided that the prosecution had not met their burden of proof and acquitted Lovelace of the crime. Nonetheless, Lovelace was sent a bill for over $40,000 for posting bond and various expenses related to his in-home incarceration. We also spent some time in a county jail before he was able to get friends to lend him the money.

Lovelace is now jobless, family-less, and his life is destroyed. After the acquittal, Lovelace petitioned the court to return the entire $350,000 bond. But instead, they sent him an “administrative fee” for $35,000 and charged him another $5,000 for the 277 days he wore an electronic monitor.

Recently, the Supreme Court of Illinois declined to hear his case.

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.

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