How to Get Someone Out of Jail in Illinois

Updated on 08/11/2023 / Under

If someone you know is in jail in Cook County, Illinois, there are several steps you can take to help get them out. The path to this outcome will largely depend on the individual's situation and the specific charges they are facing.

Criminal defense lawyer Alex Ktenas in Chicago

At the bail hearing, it's important to comprehend the type of bond established. The criminal defense lawyers at Ktenas Law can guide you in understanding the various types of bonds.

How Does Bail Work?

Cook County, Illinois bail bond rules enable individuals who have been arrested to get released from jail through a bail hearing as they await trial. This period between when someone is arrested and when they are tried in court can be weeks or even months; with bail bond rules, they do not need to remain in jail while they wait for the trial. In Illinois, however, the law forbids the use of commercial bail bondsmen and requires that the monetary bail for a bail hearing must instead be posted by an individual.

There are three main types of bonds with different bail law rules: cash bonds, recognizance bonds, and surety bonds.

  • A cash bond requires the full amount of the bail money to be paid for the individual to be released.
  • The conditions of bail set under recognizance bonds do not require any money to be posted. The court will determine if the individual is a flight risk or poses a danger to society before releasing them on this type of bond.
  • A surety bond is a type of insurance policy that can be used to secure the release of an arrested person from jail in Illinois. A surety bond requires the purchase of an insurance policy, which will cover the payment of bail fees for a defendant's release and any future court appearances.
the word bail bond next to a gavel and change

Individuals able to post bail for someone else during a bail hearing may want to call a qualified DUI lawyer for expert legal advice before doing so. Ktenas Laws' leading DUI lawyers offer free initial case consultations to further advise and educate clients on the process of bail security. Knowing the rules of bail in Cook County and how the system works can help ease any stress or worries about posting cash bail for another person, making sure that your rights as well as those of the arrestee on bail are fully protected during this judicial process.

What a Judge Takes Into Account When Determining Bail

When a judge is setting bail, they must consider many factors to make an informed decision. According to Section 110-5, one of the most important aspects of determining what amount of bail should be set is considering the nature and circumstances of the offense. This includes looking for any evidence or culpability that pertains to the use of force or threat against people involved in the case such as public officials, judges, prosecutors, jurors, witnesses, senior citizens, and children. In addition, certain types of crimes such as domestic crimes, hate crimes, sex crimes, violent crimes, and corruption involving public officials are highly frowned upon and will often have a more heavy impact on bail decisions such as denial of bail.

When severe crimes and potential harm to others are involved, the court hearing may result in denying bail if deemed necessary. During hearings in county courts, judges carefully consider all factors such as the type of crime and list of crimes before determining the bond amount. Those facing criminal charges should understand the seriousness of their situation as their future may be impacted by these considerations.

How to Post Bail

Posting bail in Illinois can be a complex and unclear process, as bail bondsmen are not permitted to operate in the state. Therefore, individuals who are arrested must post bail directly to the court where their case is being heard.

The process of posting cash bail may vary depending on the court that is handling the case. If an individual is arrested in DuPage County, the required monetary bail amount must be paid at the DuPage County Judicial Center while if the individual is arrested in Lake County they must post bail in Lake County Judicial Center.  Various methods of payment are accepted, including cash, credit card, certified check, cashier's check, and money orders.

a form for bail to get someone out of jail in Illinois

An individual who has had a formal arrest in Illinois but cannot afford to pay their full bail security amount should consider speaking with an attorney who can assist them in understanding their options. In addition to discussing reasonable bail reduction options with a judge, it is also possible for individuals to crowd-fund or borrow a portion of funds from friends or family members for posting bail on their behalf.

To make these financial arrangements, a third party such as an estate executor or surety company must be involved due to the prohibition of bondsmen operating within state limits.

Who Can Post Bail?

Illinois has a unique bail system that doesn't involve professional bail bondsmen. When arrested, you can't reach out to these professionals for help. A criminal defense attorney can assist you in getting the financial resources or payment plan necessary to post bail and ensure accurate paperwork. Adequate trial preparation is important after posting a bond for release from jail. The same defense attorney can provide legal representation and advice on facing criminal charges.

Learn More: When is a person in police custody?

Above all else, family support during this stressful time is crucial. A good defense team – comprised of friends, family members, and legal advisors – may be essential in making sure you take the necessary steps toward understanding your rights & protecting them accordingly. If a friend or loved one is facing an arrest, it might be beneficial to gather information about lawyers and look into financial solutions as soon as possible. Having a reliable team available for support every step of the way can ease tensions and bring peace of mind during an otherwise overwhelming situation.

Violation of Bail Bond

A bail bond violation can have wide-reaching consequences. If someone has been released on bail and then fails to appear in court within 30 days, they will be charged with a Violation of the Bail Bond. This bail-jumping charge typically carries the same classification as the original charge they were arrested for. However, if someone was originally released on a felony, they will be charged one class lower than the original charge. For misdemeanors, it will be either the same class or one class lower - but not less than a Class C criminal offense.

a neon sign the reads "Bail Bonds"

For situations involving family or household members as alleged victims, any bail violation of conditions placed upon the accused is considered a Class A misdemeanor regardless of what their original charge was. Furthermore, if new charges are brought against them involving another family or household member as a victim, they must first appear in custody before the court regarding their original case before being allowed bail on the new case. It's vital to understand all consequences associated with violating a bond so as not to inadvertently breach any conditions stipulated in a release agreement.

What are the Criteria for Denying Pretrial Release?

Conditions of pretrial release exist to ensure that defendants appear for their court proceedings and to safeguard the safety of those involved. One additional condition often imposed on prohibitive bail is electronic monitoring (EM), GPS monitoring, or home confinement when a judge believes they are necessary to reasonably ensure that the defendant appears in court or protects a specific person or persons from serious physical harm.

This varies from county to county and when these conditions are put into effect, the judge must explain why on the record to ensure it is reasonable. The court must assess whether there are less restrictive conditions available to reduce unnecessary restrictions on the defendant before trial. This maintains the violation of the bail presumption of innocence and keeps everyone safe.

money next to a gavel and handcuffs

Pretrial release conditions exist to ensure defendants come to trial and keep everyone safe during proceedings. Understanding these conditions is important for citizen comprehension of criminal justice systems. By being aware of these measures, defendants can better understand their rights before trial and avoid potential dangers.

Under What Circumstances Would a Warrant Be Issued?

The criminal justice system has a mechanism in place to deal with people who fail to comply with pretrial release conditions. Violation of bail can give the court power to issue a warrant for their arrest. This warrant is referred to as an order to show cause and must be served on the defendant at least 48 hours before the hearing. During the hearing, the court may modify any previously imposed conditions of release rather than revoking them or issuing an arrest warrant.

In cases where defendants have not been sentenced yet, this allows them another chance to rectify their mistakes or correct any behavior that may have violated their pretrial release. Once they appear in court, they will be allowed to explain what happened and provide testimony from any witnesses which could help demonstrate why they should not be arrested. If, however, there are no compelling reasons provided or the judge finds that no such supporting evidence exists, then a warrant for their arrest will likely be issued.

Contact Ktenas Law today

If you or a loved one is facing criminal charges in Illinois, it is important to contact an experienced attorney as soon as possible. Ktenas Law has the expertise and resources to help you get your loved one out of jail quickly and efficiently. Our team of experienced attorneys has extensive knowledge of the laws in Illinois and can provide powerful legal representation for those facing criminal charges.