The Five Common Questions Asked About Illinois Bail Bonds

man pulling out a law book from the shelfEvery state in the United States has differing bail laws for criminals, which makes posting bail difficult to grasp immediately. If authorities arrest you or anyone you know for the first time, the experience could be quite frightening and overwhelming. This situation makes bail laws doubly confusing especially if you find yourself in a legally unfamiliar US state.

In Illinois, state laws have banned any bail bondsman from providing their service directly to suspects. Even attorneys once allowed to post bail are now prohibited from performing this task. However, the suspect him or herself, or a third party acting as a surety, is allowed to do so.

In case you know someone arrested in Illinois looking for bail, here are the answers to five commonly asked questions about Illinois bail bonds.

Am I Already A Prime Suspect?

Yes, you are a prime suspect in a criminal case, but unless all evidence and cross-examinations truly prove you have committed the accused crime, you are still innocent.

Therefore, you are still allowed bail. In Illinois, the surety of suspects could post bail on behalf of the suspect. The bail amount is subject to the judge hearing the case. However, the surety is not to be a private bail bond company but a third-party acting on the suspect’s behalf, such as a family member or a friend.

Often, bail amounts are set depending on the severity of your crime. The purpose of paying the court is to ensure the third party acting as a surety — who also posted the bail– to guarantee the suspect would appear in all the case’s hearings

Can I Leave The Country?

Leaving the state or country is subject to the local bonding office’s approval. This department is where one’s surety and bail is paid and recorded. One of the well known Bakersfield Bail bonds company that recently started offering their services in Illinois informed us long time ago that judges would require almost all suspects of any crime committed in Illinois to remain in the state or country. To break this rule would mean being subject to a second criminal act in the form of direct legal order violation.

Can I Use A Bail Bondsman?

gavel on top of judge's podiumNo, you cannot. Illinois law prohibits commercial operations of bail bond companies in Illinois. However, suspects could obtain bail bonds from Illinois government agencies having to pay a 10% upfront “down payment.”

To explain how almost all bail bondsman function normally, they share similarities with banks by offering a fixed amount that clients could pay later. However, bail bond agencies do not consider credit scores; banks consider these scores as crucial factors.

All bail bondsman will work with willing suspects but will directly sue these clients should they fail to pay their bond in full after court hearings.

Remember: only third party sureties could post bail on your behalf, which means they are the ones who could pay the 10% premium on your end.

Aside From Money, Which Collateral Could I Still Use?

According to Rancho Cucamonga Bail Bonds agents – “A bail bond could take the form of a secured bond or property bond. After meeting the suspect, the judge hearing the case would review the suspect’s financial resources and declare some items in their possession the defendant could use as collateral.

Third party sureties, such as a family member, posting bail on the accused’s behalf, would also see their financial resources and properties reviewed for bail options.”

Will My Surety Get Refunded?

The third party surety should be present in the bail hearing with the judge. The court will return the amount to the bond only if the suspect continues to present him or herself during the hearing of his or her case. Even if only once the suspect has absented him or herself from the hearings, the bail is automatically forfeited.