In Illinois, the law prohibits commercial bail bond agencies to approach defendants and offer to post their bail. The law only allows the defendant to have a third party surety, such as a family member or a friend who trusts them, to post the amount on their behalf. The bonding office may require co-signers to refer to government agencies that require a 10% premium paid to post a full bail for the temporary freedom of the suspect.
The surety now becomes a bail bond co-signer with several responsibilities to fulfill, with ensuring the presence of the accused covered by the posted amount as a paramount task to avoid the forfeiture of their 10% full bond down payment.
Not everyone can be a bail bond co-signer. In Illinois, a bail bond co-signer must be a legal citizen of the country, and he or she must have lived long-term in the country.
As bonds are expensive engagements, the bonding office or bond officiating authority would heavily consider the co- signer’s credit score. Co- signers must have a steady stream of income and a good line of credit with financing institutions.
The latter is their proof of their capability to address the bail in full in case the defendant proves uncooperative with the future case hearings.
Collateral Is Considered
The presiding judge for the case would earlier meet the defendant and the surety before the bail hearing. The judge would consider the financial capabilities of both the defendant and the co-signer, which includes their properties and other assets of value.
The judge will then declare items the defending party can use as collateral against the bail the judge would impose. Often, this would include vehicles, properties, businesses and in some cases other valuable items either party owns.
Personal Attitude of Co-Signer
Illinois bonding authorities and judges look for reliability in a co-signer. While their financial capability and occupation represents almost half of their particular aspects, the attitude of a co-signer — one that is cooperative and the court and respective agencies find easy to work with — is critical.
Co-signer occupational consistency is also important; bonding authorities approve of a co-signer with a stable job quickly because of the personal reliability and self-discipline the co-signer has exhibited in his or her job. According to Bakersfield Bail bonds – bails that are co-signed are the best, because of low failure/bail skip rate.
Can Impose Requirements Against Defendants
Before the co-signer signs the contract acting as an Indemnitor post-signage, the co-signer could impose several requirements before the agreement’s signing. The co-signer could request that he or she would only sign the contract as Indemnitor only if the defendant would undertake rehabilitation, counseling and attend to certain responsibilities that they may specify before the signing of the contract.
After the signing, an Indemnitor who feels the defendant may try to abscond or evade their court hearing have the right to communicate the accused’s intent to the bonding authorities. Indemnitors are allowed to withdraw all their collateral for the defendant’s bail once the latter is re-arrested and brought to their hearing.
Another bail bonds company (Rancho Cucamonga Bail Bonds) that I’ve spoken to says co-singing carries a lot of risk. Even if you are signing a bail bond contract on behalf of a family member or a close friend, never sign out of emotion or imposition of personal responsibility. Co-signing a bond is a huge responsibility, and if this family member or close friend is likely to be a repeat criminal charged with the same case, your investment in the bond is effectively an enormous loss.
For most co-signers, money is easier to lose, but collateral in the form of properties and other valuable items could be a deal-breaker, making bail bond co-signing decisions indeed a difficult task to undertake.
The law in Illinois prohibits any bail bondsman to provide their services to defendants. A third-party surety or co-signer, such as a family friend or colleague who fulfills the requirements, is the only one who could post bail on behalf of the defendant.
Once the accused absconds one hearing, the local government takes from the bond a percentage. The deduction is just a minor consequence of defendants skipping bail bond contracts because things can get hairier if they continue their evasion of court hearings.
Forfeit Your Bail Bond
The surety is required to provide a down payment of 10% of the judge-appointed bail amount in exchange for the freedom of the defendant. If the defendant skips a hearing, the surety is to pay the full amount of the bail amount.
Adverse implications of this would vary in severity depending on the accused’s relationship with the co-signer of the bond. As Illinois bans all commercial bail bondsman, co-signers could only ask for the assistance of local police officers and authorities.
However, if the defendant had successfully escaped the state or country, the legal jurisdiction of Illinois ends and sureties will have more options to track down the defendant-turned-fugitive.
Additional Criminal Charges (Based On Intent)
If the judge commanded the defendant to remain in the state and the latter had violated these laws, they are subject to additional criminal charges. If the accused skipped their hearing, and sufficient evidence and witness statements confirm that they committed further crimes, the defendant’s criminal charges would grow in number.
The criminal charges increase depending on the accused’s intent to skip the hearing. Often, the court could charge the defendant with justice evasion.
Higher Bail Bond (For Non-Life Imprisonment Cases)
The more charges the defendant has, the higher the judge would set their bail bond. If the accused committed a criminal act meriting life imprisonment, the court might not grant them bail at all.
Tracked By Skiptracers or Bounty Hunters
Sureties who supported the defendant in Illinois could not use bounty hunters or “skiptracers” to find the defendants-turned-fugitives in the state. However, if the defendant escapes into other US states where bounty hunters and skiptracers could freely operate, sureties could use them to track down and apprehend the defendant.
Bounty hunters, who could use force similar to police, are often used to track down dangerous fugitives. Skiptracers, who use methods similar to private investigators, would use non-violent methods to find non-dangerous or no-threat defendants who had skipped their hearing.
Bad Credit Records (On Surety’s Behalf)
Bounty hunters and skiptracers often have one year to bring back the defendant before the bail expires and the government absorbs the full bail the surety should address. In Illinois, this would mean bad credit records for the surety if they used a personal loan to post the bail for the defendant.
In other states where any commercial bail bondsman could operate, the agent would take responsibility for the amount on behalf of the accused. When the defendant skips the court hearing and forfeits the full bond amount, the bail bondsman would pay the posted value, referencing to what bail bonds Torrance CA claimed – “it happens more often then you would thing”.
If the bounty hunter presents the defendant in court but has missed the one-year bail expiry, the bail bondsman would forward the defendant’s bail bond to a debt collections agency responsible for keeping track of the accused’s financial collateral and other valuables. The debt collections agency reports to credit rating companies, which would drag down the accused’s credit score.
In Illinois, police officers bring a suspect into local precincts and custody only if they believe he or she is involved in a certain case unless evidence proves otherwise. However, not every person suspected of a crime is truly a criminal; they could have clean criminal records and were only at the wrong place at the wrong time.
The proper outlook for primary suspects in almost all states aside from Ilinois is this: all suspects could have bail only if they are unlikely to flee the country and face their court hearing. The less crime you have, the easier it is to bail.
Here is a detailed, in-depth guide to understanding Illinois’ bail bonds process.
Minutes After Arrest
A few moments after your arrest, the police precinct responsible for your arrest would place you under observation inside the traditional precinct jail. The first thing on your mind is to get out.
Illinois law allows suspects with no possibility of a lifelong sentence to post bail. However, private bail bond companies could not approach suspects to make bond deals; Illinois law prohibits this activity, and it prohibits attorneys to recommend bail bond companies to suspects too.
Once you are “booked” in jail, a judge assigned to your case will see you usually a few hours or the following day. They can evaluate your case and provide you a bail amount in exchange for your freedom, and the money posted acting as guarantee you would present yourself in court.
If there is no judge, most jails have a bail amount chart for common crimes, which should prove useful unless suspects are involved in fiercer crimes.
The Eighth Amendment
The Eighth Amendment grant suspects the right to a fair bail amount. Judges have enough experience to evaluate the severities of crimes. The Eighth Amendment is to protect the suspect from government money laundering or abuse of the defendant’s fiscal resources before he or she is proven innocent or guilty.
As with almost all legal rules, the Eighth Amendment is a rule that judges use to its maximum extent when dealing with extreme cases, such as faults of drug dealers, murder or suspects who are likely to flee the state of Illinois or the country itself.
Different Types Of Bail
A suspect has the following options available in most US states. Illinois law bans some of these.
Cash Bail (Surety-only in Illinois)
Defendants are allowed to pay their bail through cash. They could use a credit card or a personal check to pay this amount if possible. This option works effectively for minor crimes. In Illinois, sureties acting on behalf of suspects could use cash bail, putting the suspect in the co-signer or Indemnitor’s complete responsibility before all court hearings
A co-signer or Indemnitor acting on behalf of an Illinois offender could post bail using the suspect’s and the former’s property as collateral. The local Illinois government will foreclose on the property if the accused does not appear in court. In almost every US state, declaring property bonds are allowed.
Bail Bonds (Not allowed in Illinois)
Illinois law disallows all bail bond companies from providing their services to Illinois suspects. However, in other states, they would offer to pay the entire posted bail in case the suspect does not appear in court for the accused’s temporary freedom in exchange for 10% of the judge-appointed total bail amount.
Government Bail Bonds (Illinois and other states only)
As an alternative to bail bond companies, the state of Illinois allows suspects to receive bail bonds through public agencies. Government-appointed bonding offices use bail bond company agreements, such as the 10% of the bail amount provision before and after the hearing.
The Pros And Cons of Using Bail Bondsmen/Companies/Government Options
For most states, suspects can find a bail bondsman an efficient solution because they act immediately to provide their services for any alleged case for as long as the defendant promises to pay the 10% after the court hearings.
Private bail bond companies such as bail bonds san diego ca are better options than banks for higher bail cases because banks would take its time to approve credit for personal loans suspects could use to pay for bail. Banks also have higher interest rates while almost every bail bondsman or companies only require 10% of the bail amount.
However, 10% is still an immense amount. Keep in mind that the court would refund the surety their posted bail for as long as the suspect presents him or herself during the appointed court hearing date. A friend who trusts the suspect and understands he or she would prove his or her innocence is a better choice for defendants than paying for enormous bail amounts.
For minor cases, bail bondsman may not be needed especially if the suspect in question has no or only a few minor grievances recorded in the past.
A “Release on Citation” is a type of bail that allows police officers to grant suspects temporary freedom by issuing them a citation that they should appear in court at an appointed date
Judges may also offer suspects who have committed minor and non-offensive crimes a “Release on Own Personal Recognizance.” Defendants need not pay any bail at all.
A defendant breaking one of these non-bail agreements for minor crimes could escalate a suspect’s situation to higher, bail-worthy crimes immediately.
Anyone who has ever watched a “Spaghetti Western” film understands that almost every movie’s story circles on famous bounty hunters tracking down outlaws in non-centralized communities. The two words “bounty hunter” has become synonymous with the glamor of modern Hollywood films stylizing them as heroes.
The truth is, these heroes exist, but they do not use magical abilities or special gadgets to track their targets. Bounty hunters work alongside bail bondsmen and agencies in tracking down “skips,” a term used for individuals who “skipped their hearing.”
Understanding the bail bondsman and the bounty hunter’s responsibilities would help you understand how their occupations coincide.
The Bail Bondsman’s Responsibilities
In Illinois and other states, any commercial bail bondsman and agencies could not provide their services for suspects. Typically, after an arrest, bail bond companies would inquire with local precincts.
Precincts and jails would inform the bond agency about the judge-appointed bail on several suspects. The bail bondsman would approach these suspects and present them a bail bond in exchange for a 10% payment after the hearing and decision on their court case.
The bondsman automatically becomes a surety of the suspect, which means, if they abscond, the bondsman has to bear the full price of the bond.
The Bounty Hunter’s Responsibilities
As per law, any bail bondsman could only recover the full bail amount if they could present the suspect in court. This situation is when “things go out of hand.”
To resolve the issue and recover their bail, these businesses call their trusted bounty hunter to retrieve the accused who have skipped their hearing. The court would impose a time limit of one year before the bail amount expires and for each skipped hearing is a fee deducted from the bail amount. Bounty hunters are then to work on a time limit imposed by bail bondsmen.
Differences With Police Officers
Police officers are only to act with strength if the suspect enacts a threat in their presence. Bounty hunters could respond with equal force in apprehending fugitives on the run.
Bounty hunters, while unregulated in most states of America, are licensed. Unlike police, once they make an arrest, they need not read the Miranda rights. They are even able to skip extradition hearings to deliver a fugitive to court across states
In some US states, bounty hunters are allowed passage to a fugitive’s possible residence. They are also permitted to enter properties covertly. They could even collect evidence illegally procured and use it in court cases against the suspect.
However, like police officers, they could only use their lethal weapons against suspects if the defendants use deadly weapons first.
Illinois Restrictions On Bail Bondsmen and Bounty Hunters
However, in Illinois, the law prohibits the operation of a bail bond company. It also prohibits the licensing and operation of Illinois bounty hunters.
Illinois’ law also bans out-of-state bounty hunters to operate and recover their fugitive in the state although they could ask the assistance of local police and authorities to track down their suspect.
Discreet And Effective
The partnership between a bail bondsman and a bounty hunter is efficient because of its discreetness and legality. Unlike their silver screen counterparts, bounty hunters do not openly question individuals with guns pointed; they conceal themselves similar to private investigators as they make inquiries to track their fugitives.
According to official US statistics, about 90% of suspects who had skipped their hearings found themselves recovered by bounty hunters, giving testament to the
In Illnois, bail can give criminals their freedom before their scheduled hearing. Unfortunately, bail amounts are quite costly. Due to their poor credit and standing criminal offense, banks could not offer criminals loans for bail.
A bail bondsman or bail bond agency disregards poor credit scores and provides clients an opportunity to gain their freedom temporarily. These persons or agencies are responsible for the presence of suspects during the schedule of their hearing by pledging bail money on their behalf.
The process of achieving bail bonds with persons or agencies could be confusing especially so in Illnois. Claim-il.org intends to supplement your knowledge along with the process of gaining bail bonds with the different options available for clients, the consequences of skipping a bail contract and more.
We hope the website can help preserve a family member or friend’s freedom temporarily before their appointed court hearing.