Arrest & Booking > Bail > Posting Money To Get Out Of Jail

Bail:

When a suspect has been arrested and charged, the government obviously has an interest in making sure that the accused shows up for trial, and an interest in ensuring that the accused does not commit any further crimes before trial. At the same time, however the accused has not been convicted of any crime and has an interest in remaining free until his/her trial. These two sets of interests conflict. That is why there is a system of bail. Today in practice the accused/defendant typically comes up with 10% (percent) of the total amount of bail and a "bail bondsman" may supply the remainder, possibly secured by the family's property.

The use of bail has been so historically important that it is recognized in the United States Bill of rights. The 8th Amendment provides that "excessive bail shall not be required." However the "bail clause" has not been interpreted so as to give the defendant a right to affordable bail in all situations.

Illinois Bail Laws As Of 2007-2008:

(725 ILCS 5/110‑1) (from Ch. 38, par. 110‑1)
Sec. 110‑1. Definitions. (a) "Security" is that which is required to be pledged to insure the payment of bail. (b) "Sureties" encompasses the monetary and nonmonetary requirements set by the court as conditions for release either before or after conviction. "Surety" is one who executes a bail bond and binds himself to pay the bail if the person in custody fails to comply with all conditions of the bail bond. (c) The phrase "for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction" means an offense for which a sentence of imprisonment, without probation, periodic imprisonment or conditional discharge, is required by law upon conviction. (d) "Real and present threat to the physical safety of any person or persons", as used in this Article, includes a threat to the community, person, persons or class of persons. (Source: P.A. 85‑892.)

(725 ILCS 5/110‑2) (from Ch. 38, par. 110‑2)
Sec. 110‑2. Release on own recognizance. When from all the circumstances the court is of the opinion that the defendant will appear as required either before or after conviction and the defendant will not pose a danger to any person or the community and that the defendant will comply with all conditions of bond, which shall include the defendant's current address with a written admonishment to the defendant that he or she must comply with the provisions of Section 110‑12 of this Code regarding any change in his or her address, the defendant may be released on his or her own recognizance. The defendant's address shall at all times remain a matter of public record with the clerk of the court. A failure to appear as required by such recognizance shall constitute an offense subject to the penalty provided in Section 32‑10 of the "Criminal Code of 1961", approved July 28, 1961, as heretofore and hereafter amended, for violation of the bail bond, and any obligated sum fixed in the recognizance shall be forfeited and collected in accordance with subsection (g) of Section 110‑7 of this Code. This Section shall be liberally construed to effectuate the purpose of relying upon contempt of court proceedings or criminal sanctions instead of financial loss to assure the appearance of the defendant, and that the defendant will not pose a danger to any person or the community and that the defendant will comply with all conditions of bond. Monetary bail should be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court, that the defendant does not present a danger to any person or the community and that the defendant will comply with all conditions of bond. The State may appeal any order permitting release by personal recognizance. (Source: P.A. 89‑377, eff. 8‑18‑95.)

(725 ILCS 5/110‑4) (from Ch. 38, par. 110‑4)
Sec. 110‑4. Bailable Offenses. (a) All persons shall be bailable before conviction, except the following offenses where the proof is evident or the presumption great that the defendant is guilty of the offense: capital offenses; offenses for which a sentence of life imprisonment may be imposed as a consequence of conviction; felony offenses for which a sentence of imprisonment, without conditional and revocable release, shall be imposed by law as a consequence of conviction, where the court after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person or persons; stalking or aggravated stalking, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of the alleged victim of the offense and denial of bail is necessary to prevent fulfillment of the threat upon which the charge is based; or unlawful use of weapons in violation of item (4) of subsection (a) of Section 24‑1 of the Criminal Code of 1961 when that offense occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school‑related activity, or on any public way within 1,000 feet of real property comprising any school, where the court, after a hearing, determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat. (b) A person seeking release on bail who is charged with a capital offense or an offense for which a sentence of life imprisonment may be imposed shall not be bailable until a hearing is held wherein such person has the burden of demonstrating that the proof of his guilt is not evident and the presumption is not great. (c) Where it is alleged that bail should be denied to a person upon the grounds that the person presents a real and present threat to the physical safety of any person or persons, the burden of proof of such allegations shall be upon the State. (d) When it is alleged that bail should be denied to a person charged with stalking or aggravated stalking upon the grounds set forth in Section 110‑6.3 of this Code, the burden of proof of those allegations shall be upon the State. (Source: P.A. 91‑11, eff. 6‑4‑99.)

There are many more laws in addition to these with regards to Bail. If you have Bail questions feel free to contact Attorney John M. Kogut. Submit A Bail Question To Me Online (secure SSL 128bit Encription)

Remember, just because you (or your loved one's) are arrested and put through this system, doesn't mean you are guilty. You have the right to fight back along every step of the way.