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How Does The Process Of Bail Work After An Arrest?


In Illinois and Wisconsin, there are no bail bondsmen. In Wisconsin, 100 percent of the bond must be posted, which means if a judge orders a $20,000 bond, then that $20,000 must be posted in order for release. A judge may put conditions on bond, such as no driving with any alcohol in the person’s system, no driving without a valid license, curfew, and mandatory reporting to a pre-trial.

In Illinois, 99 percent of the cases have a 10 percent bond clause, which means a person may be released from jail once they post 10 percent of the total bail amount. Judges often put many conditions on bond in Illinois, including the prohibition of drugs and alcohol and no-contact orders with certain locations and/or people who were involved in the crime.

Is Bail Always Set In A Criminal Case?

There are some offenses for which a judge can set no bond, but they are extreme and very limited by statute. For example, if someone is a significant flight risk or accused of committing a very serious double homicide or something along those lines, a judge may set no bond.

How Is The Amount Of Bail Determined? What If I Cannot Afford The Bail Amount?

Bail amounts are determined by judges. While bond amounts are supposed to be considered ‘reasonable’, the truth is that judges can arbitrarily choose these amounts. Judges are normal people—they have good days and bad days, and a defendant can only hope that they catch one on a good day. If an individual cannot afford to post the necessary amount of bail, then they will have to remain in custody.

What Happens To The Bail Amount If Someone Doesn’t Show Up To Court?

Once bond has been posted—regardless of who posts it—it is in the name of the defendant, which means the defendant is responsible for court costs, probation costs, fees, and surcharges. If a client has promised the bond to the attorney as part of the attorney’s fees and the judge doesn’t have a problem with that, then the judge can order the bond to be returned to the attorney, and the defendant would be responsible for all the fines, fees, and court costs.

It is important for people to remember that in the eyes of the law, bond is in the name of the defendant once it’s been posted. I once handled a case in which a person posted $50,000 for his so-called friend. When the case was over and the fines and court costs had been paid, the defendant directed the remaining amount of bond to be turned over to his fiancé. His fiancé, however, was not the person who posted the bond. When I learned of this, I had the person who posted the bond write a letter to the attorney registration disciplinary committee complaining that the court hadn’t returned the bond to him.

It is important for people to look at the language on bond receipts before they sign, because they specifically state that once bond has been posted for someone, it becomes theirs to keep. The court can order return for attorney’s fees to pay court costs, but the remaining money does not have to be returned to the person who posted it. Prior to posting bond for someone else, an individual should consider the possibility that they may never get it back, at which point they would have no recourse aside from suing the defendant.

For more information on Process Of Bail After An Arrest In IL, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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