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Home > Posting Bail in Chicago, Ill.: 4 Things to Know

Posting Bail in Chicago, Ill.: 4 Things to Know

There are other jail facilities in Chicago in addition to Cook County Jail. But there are none larger – either in Chicago or anywhere else in the country. The jail, which takes up 96 acres of land, houses an average of 9,000 inmates per date. If you need to post bail – whether it’s from Cook County or another facility in Chicago – there are 4 things you should know.

Bail process in Chicago.


The amount of time a defendant remains in jail in Chicago often will depend on the facility he or she is sent to and the severity of the crime involved. The process to secure a pre-trial release is usually faster for a misdemeanor than a more serious crime. Also, the larger the jail facility – and Cook County Jail is the biggest in the country – the more time it takes to be booked and processed before the bond process can begin.

Types of bonds in Chicago.

  •    D-bond. There is no private bail bond business in Illinois. A D-bond is similar to a surety bond in that a defendant need only post 10 percent of the bail amount to be released. The difference is that the money is paid to the Clerk of Court instead of a bail bondsman. Another significant difference is that as long as a defendant shows up for all scheduled hearings, 90 percent of the money is returned. The other 10 percent is kept as a court fee.

  •   I-bond. An I-bond does not require any payment from the defendant. This is the equivalent of a personal recognizance bond. It is usually only given to defendants with no previous arrests and those whose crimes did not involve violence, gang activity or children or the elderly as victims. The judge sets a bond amount, and in the event the defendant violates any condition set forth by the judge, he or she then must pay the full amount of the bond.

  •      C-bond. Judges in Chicago will sometimes require a defendant to pay the entire bond amount in cash – the 10 percent D-bond is not allowed in these situations. Often, judges choose a C-bond for drug felonies and crimes involving terrorism or the threat of terrorism.


Bond hearings in Chicago.

The bond for misdemeanors is usually determined in advance, making it much quicker to get released from jail. For most felonies, a bond hearing is required. Under Illinois law, the hearing must be held within 72 hours of arrest. The judge generally will consider the details of the crime, the defendant’s criminal history and whether there are any family or community ties – which would make it more likely for the defendant to remain in the area and show up for court hearings. Under state law, judges also can consider the financial resources of the defendant, as well as hir or her character and whether or not flight is a serious risk.

Bond costs and options.

Since Illinois has banned private bail bond companies, the bond premium – often 10 or 15 percent of the bond amount throughout the country – is not a concern. Instead, defendants with a significant bail can be released by posting 10 percent of the bail with the court. Most of that money will be returned as long as the defendant shows up for all court hearings – minus a 10 percent court fee. The money is returned regardless of the defendant’s guilt or innocence. Any adult can act as a co-signer and put up some or all of a defendant’s bond.

 

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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