Understanding Illinois Bail Reform

 Posted on July 22,2024 in Criminal Law

The state of Illinois has been involved in efforts to reform its bail system. The motivation for these reforms has been the desire to create a criminal justice system that is more fair and equitable. However, when facing criminal charges, reforms can make the process more confusing, with things not going as expected. If you are facing criminal charges, speak with a seasoned DuPage County, IL criminal defense lawyer who can explain how the reforms might affect you.

Main Aspects of Bail Reform

Wealth-based inequality happens when two people are charged with the same crime, but one needs to spend the pretrial period in detention, and the other is free to go home simply because his family has access to money that can be put down as bail. The bail system reforms in Illinois were made in an attempt to address this inequality and unfairness in pretrial detention policies, offering alternatives to monetary bail. Key aspects of the bail reform include:

• Non-monetary release: Illinois judges are encouraged to offer non-monetary conditions for release from pretrial detention. These conditions can include pretrial supervision, community service, or electronic monitoring, and are great alternatives for defendants charged with non-violent offenses.
• Risk-assessment tools: There has been increased use of validated risk assessment tools helping courts evaluate whether a defendant poses a danger to the community or a flight risk. By using these tools, judges can make informed decisions about the necessity of pretrial detention and the conditions for release.

How Can This Impact You?

If you are accused of committing a non-violent crime, and risk assessment tools determine that you do not present a flight risk or a danger to your community, you are a good candidate for alternate conditions for pretrial detention release. It means that your finances are not a determining factor in whether you need to stay in detention, and you can still maintain employment, housing, community ties, and to a large extent, your usual lifestyle until your case is closed, even if you do not have access to the large sums of money that are generally necessary for a cash bail arrangement.

Schedule a Free Consultation with a Wheaton, IL Criminal Defense Lawyer

If you are being charged with a non-violent crime, speak with a dedicated DuPage County, IL criminal defense attorney to find out about alternatives to bail that can keep you out of pretrial detention. Navigating bail reforms requires a nuanced understanding of criminal procedures. At Davi Law Group, LLC, we pride ourselves on fighting hard to ensure that our clients’ rights are protected and that they are treated fairly and equally before the law. Call us at 630-580-6373 to schedule a free consultation.