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8770 West Bryn Mawr Ave, Suite 1300
Chicago, Illinois 60631
70 W. Madison, Suite 1400
Chicago, Illinois 60602
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Schaumburg, IL 60173
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Skokie, Illinois 60077
What is Bond Court / Hearing?
Under Illinois law (725 ILCS 5/110 1-18), every person who is arrested for a felony has the right to have a bond hearing before a Bond Court. For misdemeanor cases, bond is unusually posted at the police station and a bond hearing doesn't takes place.
At a felony bond hearing, the only issue that is decided by the Court is how much money the accused will have to post in order to be released from jail while the case is pending. This is a very important phase of the criminal process because if the judge sets a high bond, the accused may be forced to spend months in county jail until the case finishes. Further, the Court can refuse to set a bond if the judge believes the accused poses a danger to society. It is critical for the accused to be represented by an attorney that is skilled and experienced in handling bond hearings. At Bond Court, the accused has his first opportunity to tell the Court positive things about himself, his family, and work history.
Why Hire The Legal Defenders for Your Bond Court / Hearing?
The Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing defendants at a bond hearing at the many bond courtrooms throughout the area. We have the experience to best present our client's case and character to the Court. The Chicago criminal defense attorneys at Legal Defenders, P.C., fight to give their clients the best chance of having a low bond set at the bond hearing so they can be set free until their case is concluded. The Chicago criminal defense attorneys at Legal Defenders, P.C., will use their experience and fight to try to obtain their client's release from jail at the bond hearing.
The State prosecutor at the bond hearing will usually present to the Court the defendant's criminal history, and will try to persuade the Court to set no bond or a high bond. The Defendant's attorney will try to convince the Court to set an “I” or a “D” bond. An “I” bond requires no cash deposit and a “D' bond requires a 10% cash deposit of the bond amount. In other words, on a $10,000 “D” bond, the defendant would have to post $1,000 in cash. The Court will usually engage in a balancing test in setting the amount of the bond taking into consideration the various factors in the case, including:
- Seriousness of the crime
- Suspect's criminal record
- Danger that the suspect's release might pose to the community
- Suspect's ties to family, school, community, and employment
- Military Record
- Special medical need
If bond is posted, the accused is allowed to work, go to school and carry on with their life while they fight their case in court. The Court may also place conditions on bonds such as a curfew requirement.
During the case, the Defendant has the right to request that the bond be lowered. However, if such a request is made, the prosecutor has the right to ask the Court to increase or revoke the bond. That is why the initial bond hearing is so important because the amount of the Bond is often difficult to change later in the case.
The Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing defendants at a bond hearing at the many bond hearing courtrooms throughout the area.
The Chicago criminal defense attorneys at Legal Defenders, P.C., understand how important it is for the accused and his/her family to be set free from jail while fighting the case. The social and economic consequences on the defendant and his/her family by being held in jail while the case is pending are immense, especially if the defendant is the main income earner of the family.
We understand how important the bond hearing is to a defendant.
Using the Posted Bond for Attorneys' Fees
Fortunately in Illinois, a Defendant is allowed to use the posted bond to pay his/her attorney's fees and still remain free while they fight their case. Many lawyers do not accept bonds for attorneys' fees and require that payment is made immediately.
We accept posted bonds as payment for attorneys' fees. The Chicago criminal defense attorneys at Legal Defenders, P.C., understand how difficult it is for most people to hire an attorney and post bond after a bond hearing at the same time.
Using the bond money posted after the bond hearing to pay for attorneys' fees is a huge benefit to the Defendant because in many cases, no additional money is required to finish the case. While the case is pending, the defendant is free and assured that he/she has an experienced attorney fighting the State.
Most of the time, our fees are less than the posted bond. Thus, when we receive the bond proceeds from the County Clerk, we deduct our fee and refund the difference to our client. It usually takes approximately 30 to 60 days for our office to receive the bond proceeds from the Clerk. The law allows the County Clerk to deduct 10% of the posted bond as an administrative fee.
The Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals appearing at their bond hearing. We fight for our client's rights at every stage of the process. The Chicago criminal defense attorneys at Legal Defenders, P.C., know how to best present our client's case and character to give him/her the best chance of having a "low bond" or a "no bond" and be set free until the case concludes.