Criminal law and associated bond hearings can be complicated. David Studenroth has 30 years of experience handling criminal cases as a defense attorney. He fully understands the details of Illinois statutes and the bond hearing process. Call Mr. Studenroth immediately if you’ve been accused of a criminal offense at 847.292.9200.
A bond hearing is set within a certain amount of time after a defendant’s arrest. A defendant is entitled to a bond hearing within 24 hours after being arrested, so bond hearings are held every day twice a day. Some judges hold remote bond hearings. The defendant will appear in a courtroom, but the judge appears by video and/or voice technology. The judge can see the courtroom where the defendants wait for their bond hearing.
Generally, bond is set once the arrest is processed, but certain individuals may have to wait for a bond hearing. If the defendant allegedly committed a crime for which no bond will be set, they will appear before a criminal court to determine if there will be a bond, and what the bond may be if one is issued. A court may deny bond if it thinks that a defendant will harm himself or others, or if the court thinks the defendant may be a flight risk.
Defendants that have been arrested, but have not had their bond hearing are brought to the courtroom where the judge will read the charges and determine whether there will be a bond. There are several circumstances in which bail may be denied:
- If the court suspects that bond money may have come from criminal actions, the court may either deny bond or require the defendant to show proof that the bond money was not obtained in the commission of a crime.
- If the defendant cannot produce this information by the bond hearing, the court may deny bond to prevent the defendant from using the money on his bond.
- If the court thinks the defendant may be a flight risk, the court will also deny bond. This could happen if the defendant has already tried to leave the country after the commission of the crime. It could also happen if an inordinate amount of money was obtained during the commission of the crime.
- At the bond hearing, the judge may deny bail on the grounds that the defendant may use the money to leave the country to avoid prosecution.
Illinois Criminal Law Process
Specific criminal procedures vary by state, but the overall process is similar for all of them. Here are some things to know if you are arrested for a crime in Illinois.
Police officers need a good reason to arrest you, such as having an arrest warrant in your name or seeing you commit a crime. After your arrest, the officer must inform you of your right to remain silent and your right to have a lawyer present during questioning. These are your Miranda rights.
The police will book you at the station. They will take your fingerprints and picture, and put your personal belongings into storage. You will then go to a holding cell.
Illinois law gives anyone arrested for a felony the right to a bond hearing, usually within 24 to 48 hours of arrest. Some misdemeanors have pre-set bond amounts, which you can pay at the police station. The court will decide if you must pay the full amount of your bond or 10 percent of the full amount. If you satisfy the conditions of your release, you’ll get the money back when your case is over, minus a fee.
The judge may release you on a release on your own recognizance (ROR), also known as an own recognizance (OR) or personal recognizance (PR), instead of paying money you sign a statement promising to come back to court. The court may also hold you without bond if it considers releasing you too risky. Unlike many states, Illinois does not allow private bail bondsmen.
The arraignment is where the judge reads the complaint against you and you enter your plea. A guilty plea means you admit to having committed the crime, and the next step is the sentencing. A not guilty plea means you do not admit the crime, and your case moves toward trial.
Most criminal cases don’t make it to trial. Instead, the defendant and prosecutor make a deal, called a plea bargain. For example, the prosecutor may agree to charge you with a lesser crime in exchange for your guilty plea to that crime.
If you were arrested for a felony, state law requires either a grand jury indictment or a preliminary hearing to determine if there is enough evidence to charge you. At a preliminary hearing, both sides can present evidence and witnesses, but only a prosecutor may present evidence to a grand jury.
Trial and Sentencing
If you go to trial, both sides will take turns presenting evidence and questioning witnesses. If the verdict is guilty, the judge will set your sentence after reviewing the guidelines in the state statutes as well as considering any mitigating or aggravating circumstances.
Contact an Experienced Criminal Attorney
Criminal law is complicated. David Studenroth is an experienced Illinois criminal defense attorney that fully understands the details of the state’s statutes. Call Mr. Studenroth immediately if you’ve been accused of a crime at 847.292.9200 for a free consultation.