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.