- 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.
- 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. ,
- 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.
- 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.
- 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.