bond Tag Archives — Chicago Criminal Lawyer Blog

April 15, 2016

Your Constitutional Right to Bail

by Law Offices of David L. Freidberg, P.C.

Bail is a monetary pledge (a bond) telling the court, that if the court will authorize your release, you promise to abide by any conditions the court demands, and to appear at all hearing dates going forward, including trial. By posting this bond, you are agreeing that should you fail to abide by any of the court’s conditions, your bail will be forfeited, and you will be returned to jail to await your trial. That is the premise under which the court will set bail, and if paid by you or by someone on your behalf, authorize your release from jail.

Can Your Right to Bail be Denied?

When accused of a crime, placed under arrest, and locked up in jail, what are your rights? Are you entitled to be released on bail? How much bail can the courts impose for your release?

January 15, 2016

How Does the Bail Bonding Process Work?

by Law Offices of David L. Freidberg, P.C.

You have been arrested. You do not have a “get out of jail” free card, so what do you do? If you are accused of a crime and arrested in Chicago, the first thing you will want to do is call your attorney. The very next thing you will want to do is find out if you are eligible for bail. But what is the process?

The Illinois State Legislature does permit an accused to be released on bond, however, unlike most other states, Illinois does not permit private bail bond companies to operate anywhere in the state. The bail bond must be obtained from a state- or county-run agency.

After bail is set, an accused may obtain a bond by paying the full amount of the bail in cash (a “C” bond), paying a percentage of the bail (a “D” bond which is usually 10% of the total amount of the bail), or providing collateral (i.e., a lien on real estate) before he or she can be released. The deposit for the bond will be returned to the accused after he or she appears in court, or if real estate was used as collateral, the lien placed on the real estate will be removed. IllinoisCourts.gov

October 30, 2015

Bail and Bond Violations

by Law Offices of David L. Freidberg, P.C.

Bail violations are violations of the terms of your release from prison while you are awaiting trial. There can be many conditions imposed as part of your bond, and a violation of any one of them can result in serious criminal penalties, including being sent or returned to prison.

What is a Bond Violation?

If you have ever seen a modern “cop” drama on television, you are aware of the concept of bond, or bail. After you are arrested, in most cases you can give the state of Illinois some amount of money to hold as a type of collateral, or insurance, to ensure that you will appear for your court date, or comply with other conditions while you await trial. If you follow all of the conditions of your release and show up for trial, that money is refunded to you. If you break any of the conditions of your bail or fail to appear for your trial, you could not only forfeit the bail money, but you could face even more criminal charges than you are already facing.