Source of Funds
When you are charged with a felony, you will have a Bond Hearing. At the Bond Hearing the judge will determine the amount of money that needs to be posted in order for you to be released from jail while your case is pending. But in addition to setting the amount of money that needs to be posted, the judge can also set additional conditions that will apply to your bond. Normally, a “D” Bond will be set which will require that only 10% of the bond amount be posted in cash. The Judge can set other conditions, such as home confinement, surrender your passport, that you check in periodically with a probation officer or that you not have any contact with a witness. When it comes to cases involving large amounts of illegal drugs, the state will often request that you prove Source of Funds or Source of Bail. This will happen when the state, or prosecutor, believes that you are involved in criminal activity and that the only way the bond money can be posted is if money came from illegal criminal activity. While the rationale may be true, most of the time this is not the case. But when the state requests that a Source of Funds or Source of Bail hearing be conducted, this means that before the bond is posted, the Court must hold a hearing and allow the bond to be posted. Without permission from the court, the bond cannot be posted.
The state will request a Source of Funds or Source of Bail hearing at the bond hearing. If the court grant’s the state’s request, you will be required to file a written notice requesting that the court hold a Source of Bail hearing. The burden of proof is on you to prove that the bond money is coming from legal and legitimate sources. The notice must be accompanied by Affidavits along with any other evidence that proves that the money that is being used is not drug money. A lawyer experienced with such matters will know what to do. They will know what kind of evidence will be needed, how to prepare it, and how to properly present the evidence to the Court so as to get you released from jail.
We have done numerous Source of Funds or Source of Bail hearings. We know that figuring out what needs to get done at the hearing could be catastrophic. We will work with your friends and family to make sure we do this the right way, before we file the paperwork, because we understand how important it is that you be released from jail so you can go back to work and be with your family and assist your attorneys to defend you in court. We will insure that the notice contains the proper affidavits and documents that will help insure that the court will grant your Source of Bond or Source of Funds petition. We know what we are doing and we will make sure you are released on bond so you can get out of jail.
If you have a Source of Funds issue in Cook County, DuPage County, Lake County or Kane County, give us a call. We can help.