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Illinois cash bail law- What happens when cash bail ends in Illinois? | WGLT
Note: On December 28, , a judge in Kankakee county declared the elimination of cash bail unconstitutional. The judge's decision was appealed to the Illinois Supreme Court.
The Illinois Supreme Court has paused the application of the law that ends cash bail until the appeal is decided. While the pause is in effect, the information below about the end of cash bail and pre-trial release will not be applied to any case.
Starting in January , the state of Illinois will no longer use a cash bail system. Learn more about this new system and what it means. This is a developing area of law.
There are legal challenges to the law and much is unknown about how the pretrial release process will work. If you have questions about how the new system applies to you, contact your public defender or talk to a lawyer.
Pretrial release is an alternative to the traditional cash bail system. Under the pretrial release system, you may be released while you wait for your trial without needing to arrange for cash bail.
If you are arrested, you will have the opportunity to appear before a judge. The judge will then decide if you are eligible to go on pretrial release until your case is resolved.
In some cases, police officers will issue you a citation instead of arresting you. If you get a citation, you will have to go to a court date and a judge will decide if you should stay released until your case is resolved. People who are in jail can ask to have the new pretrial release system applied to their situation. To do this, the defendant must ask for a hearing. The hearings will be granted based on a tiered system:.
Courts will have the option to release individuals if they find that the defendants do not pose an active threat to the community or to another individual. If you are stopped by the police for a Class B misdemeanor, a Class C misdemeanor, or a petty and business offense you will likely get a citation instead of being arrested, unless the police officer determines you:.
This means that while you wait for your court date, you will not be in police custody or have the option to receive bail. However, at the pretrial hearing, a judge can still order that you be detained if they determine:. Class B misdemeanors, Class C misdemeanors, and petty and business offenses. Examples of the types of crimes that are likely to lead to a citation instead of arrest include:.
Police can still arrest and detain someone for committing a forcible felony. Examples of forcible felonies include:. This depends. The officer responding to a trespassing complaint can arrest the suspect if they find that:. Otherwise, police officers are now required to only issue a citation, and not arrest or detain the suspect.
However, if a person is cited for trespassing and continues to trespass, then they can be arrested. After being cited or arrested, you will go before a judge who will decide if you are eligible for pretrial release.
A judge can deny pretrial release for forcible felonies. If a police officer gives you a citation, you need to pay attention to your scheduled court day. Your court day will likely be within 21 days of getting the citation. It is very important that you show up on your scheduled court day to attend your hearing. You will need to go to your pre-trial hearing in person. You will need to make arrangements so that you show up to your hearing in person. The court may make an exception for you to show up by video, but only if your physical health and safety would be in danger by showing up in person.
Please plan to show up in person unless you get a health and safety exception from the court. Even if you are not arrested, you still have a right to be represented by a lawyer in the pretrial hearing.
You can hire a lawyer or if you cannot afford a lawyer, a public defender can be appointed to you. At your hearing, the judge will determine whether you pose a specific threat on a case-by-case basis considering:. The judge will also decide whether to grant you pretrial release.
In some cases, part of your pretrial release conditions may include:. If the judge decides to have you under one of the monitoring conditions above, they will schedule hearings to reassess your situation. You must attend those hearings. If you are granted pretrial release, you need to make sure that you follow the conditions of your pretrial release. These conditions include following all civil no contact orders and no stalking no contact orders.
Additionally, you need to:. If you do not follow your pretrial conditions or if you miss a hearing, the court may decide to take away your pretrial release and detain you at any time. A judge could also decide to take away pretrial release from defendants who, while on pretrial release, pose a real and present threat to the safety of the victim of the alleged offense. Additionally, a judge can take away pretrial release from defendants charged with violating certain orders of protection and no-contact orders.
If you break the conditions of the pretrial release, the judge can decide to place any of the following punishments:. Victims will also be informed of their opportunity at this hearing to get an order of protection.
However, before being actually charged, they will not be detained unless the responding officer believes they:. Only logged-in users can post comments. Please log in or register if you want to leave a comment.
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Displaying information for [ change ]. What is pretrial release? Will criminal defendants in jail be immediately released on January 1st, ? The hearings will be granted based on a tiered system: Lowest level offense example: petty shoplifting hearings must be within 7 days of request. Those detained but considered flight risks would get hearings within 60 days.
Those considered to be potential threats to safety get hearings within 90 days. If you are stopped by the police for a Class B misdemeanor, a Class C misdemeanor, or a petty and business offense you will likely get a citation instead of being arrested, unless the police officer determines you: Pose a threat to the community Pose a threat to another person Have a medical or mental health issue that poses a risk to their own safety This means that while you wait for your court date, you will not be in police custody or have the option to receive bail.
However, at the pretrial hearing, a judge can still order that you be detained if they determine: That you pose a specific, real and present threat to a person, or That you are likely to flee. This determination will vary based on the judge and county. What crimes lead to a citation? Examples of the types of crimes that are likely to lead to a citation instead of arrest include: Telephone harassment Aggravated speeding 31 mph over the posted speeding limit Obstruction of service of process Littering Disorderly conduct Assault Failing to wear a seatbelt What crimes lead to an arrest?
The officer responding to a trespassing complaint can arrest the suspect if they find that: The suspect poses a threat to the community or any person, The suspect has an obvious mental or medical issue that poses a risk to their safety, or The criminal activity continues even after the police issue a citation.
Before your pretrial release hearing After being cited or arrested, you will go before a judge who will decide if you are eligible for pretrial release. If you get a citation If a police officer gives you a citation, you need to pay attention to your scheduled court day. At your pretrial release hearing At your hearing, the judge will determine whether you pose a specific threat on a case-by-case basis considering: The nature of the offense, Your age, physical condition, and history, The identity of the persons that were threatened, What you said, Age and physical condition of victim or complaining witness, Whether you had access to a weapon or were on probation, and Any other factors the Court chooses to include.
In some cases, part of your pretrial release conditions may include: Electronic monitoring, GPS monitoring, or Home confinement If the judge decides to have you under one of the monitoring conditions above, they will schedule hearings to reassess your situation.
While you are out on pretrial release If you are granted pretrial release, you need to make sure that you follow the conditions of your pretrial release. Additionally, you need to: Go to court for all of you hearings Not commit any criminal offense If you do not follow your pretrial conditions or if you miss a hearing, the court may decide to take away your pretrial release and detain you at any time. Additionally, a judge can take away pretrial release from defendants charged with violating certain orders of protection and no-contact orders What if I break the conditions of the pretrial release?
A summons is an official notice to appear in court, while an arrest warrant tells police to arrest and detain. Additionally, the judge can change the conditions of your pretrial release. What protections are there for victims of a crime? If the defendant is charged with any of the following, their pretrial release can be denied: Stalking or aggravated stalking Domestic battery or aggravated domestic battery Sex offense excluding public indecency, adultery, fornication and bigamy However, before being actually charged, they will not be detained unless the responding officer believes they: Pose a threat to the community Pose a threat to another person Have a medical or mental health issue that poses a risk to their own safety.
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