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Bail in Illinois: Four Facts to Consider

DuPage County criminal defense attorneys, bail in IllinoisWhen arrested and put in jail, one primary concern is how to get out of confinement. For most crimes, a court will release an accused if bail is posted. By requiring an accused to post bail, defendants are more likely to continue to show up for court dates. If a defendant does not appear in court, however, the bail amount is considered forfeited and the accused will return to jail. Consider the following information regarding bail in Illinois.

1. Not All Crimes Are Eligible for Bail

Under Illinois law, a judge cannot set bail in certain cases including:

  • Offenses punishable by death or life in prison, until a hearing can be held and the accused can demonstrate that “the proof of his [or her] guilt is not evident”;
  • Stalking or aggravated stalking; or
  • Any other case where the accused presents a threat to the physical safety of others. 

2. A Judge Will Determine the Amount of Bail on a Case-by-Case Basis

Judges will take into consideration the charges, the accused’s resources, whether an accused has the means to flee and what amount will incentivize him or her to return to court.

3. Bond is 10 Percent of the Bail Amount Set by the Court

If a judge orders $50,000 bail, then a defendant has to post 10 percent, or $5,000, to be released from custody. If the accused fails to appear in court, he or she will lose the bond paid, be returned to jail, and may face additional charges. 

4. Illinois Does Not Allow Bail Bondsmen

In many other states, bail bondsmen are allowed to pay a defendant’s bail. The defendant would pay the bondsman 10 percent of bail, and the bondsmen would pay the entire bail amount ordered by the court.

However, in Illinois, bondsmen are prohibited. An accused pays the clerk of court directly and answers directly to the court if he or she fails to appear. 

Also, under Illinois law, out-of-state bondsmen are prohibited from apprehending someone who is wanted in another state. Such an action is considered kidnapping.

Your Attorney Cannot Post Your Bond

Illinois law prohibits lawyers from posting bonds of clients. This rule was enacted to keep attorneys from becoming de facto bondsmen. 

Contact a Wheaton, IL Criminal Defense Lawyer

If you have been charged with a crime, a criminal defense attorney can review your case and answer any questions. Lawyers can also handle in bail matters, including bail reductions and modifying conditions of bail.

The DuPage County, IL criminal defense attorneys will see to it that your best defense is presented at every stage of your case. Our firm has several locations that serve DuPage, Kane, Cook, Kendall and Will Counties. Call Davi Law Group, LLC at 630-580-6373 to set up your first meeting today.


Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.




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