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Home > How to Post Bail in Illinois: 5 Things to Know

How to Post Bail in Illinois: 5 Things to Know

Illinois is one of 7 states in the country that has no professional bail bond companies. Private bail bonding was eliminated in 1963 by state lawmakers concerned about irregularities in the bail system. Additionally, it is illegal for a practicing lawyer to provide bail security to a client or to any other individual in the state. Because there is no private bail, the types of bonds available have different names and friends and family members typically take over for bail bond agents.  Illinois also does not allow out of state bounty hunters to come into the state to pursue fugitives. Here are 5 things to know if you need to post bail in Illinois.

  1. 3 Ways to Get Out of Jail


I-bond – This is the equivalent of a release on a defendant’s own recognizance. Here is no security required, but the court may impose conditions on the release to ensure the defendant returns for all court hearings and poses no threat to a victim in the case or anyone else. Generally, the offense involved must be a misdemeanor and the defendant must have little or no previous criminal history.

D-bond – This is the equivalent of a surety bond. If the court decides a secured bond is necessary to ensure the appearance of the defendant, a D-bond will be required. The defendant must post 10 percent of the entire bail amount and can turn to family members or friends to help raise that 10 percent. It’s also possible to use property with a D-bond. The money is paid directly to the Circuit Clerk of Court.

C-bond – This is the equivalent of a cash bond in other states. The total amount of the bond must be posted in cash – and it’s important to determine what forms of payment a specific court will accept since some don’t take credit cards or checks. This is most common in misdemeanor cases in which the bail is fairly low.

  1. How to Get Bail


In most jails in Illinois, there are kiosks in the lobby that allow friends or relatives of the defendant to call up the case and post bail on the defendant’s behalf. Similar to the process in other states, the defendant must wait until the booking process – including fingerprinting, photo and paperwork – is completed. At the amount of bail may be determined from a preset bail schedule and the defendant can make a phone call for help in posting bond. ,

  1. What Will Bail Cost


If a D-bond has been ordered, the defendant will pay 10 percent of the bail amount to the Circuit Court and that amount will be retained for administrative costs. Illinois has the 10 percent Rule – the amount of money needed to post bail. State law also mandates that for lower bail amounts, there is a minimum fee of $25. 

  1. How Long Will I Stay in Jail


In some cases, luck plays a role in how long it takes to post bail. The process of posting bail in Circuit Court cannot take place until a defendant has been booked and processed into jail, which can take a couple of hours. If there is a preset bail amount for the crime, and the arrest didn’t occur late at night or on the weekend, posting bail only takes 1 to 2 hours. However, a defendant arrested overnight or on the weekend, in some courts, may have to wait until at least the next morning. For example, bonds are accepted 7 days a week in Cook County Jail from 9 a.m. to 8:30 p.m. Illinois law requires a Bond Hearing be held within 48 hours of arrests, though in practice, it typically takes place within 24 hours.

  1. What if I Miss a Court Appearance


The only difference in Illinois for defendants who miss court appearances is that there is no bounty hunter searching for them. The defendant or a co-signor will forfeit the amount of the bail posted and the court will issue bench warrant on two charges – failure to appear and the original offense that brought the defendant to jail.

This article is for informational purposes only. If you need legal advice you should visit an attorney.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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