New Year Signals Start to Illinois Bail Reform Act

 Posted on November 30, 2017 in Felonies & Misdemeanors

In the weeks leading up to the new year, counties throughout Illinois are preparing to implement the facets of a new law that should reduce jail overcrowding. Signed into law earlier this year, the Illinois Bail Reform Act was created with a goal of making it easier for those charged with minor criminal offenses to remain free until they are required to appear in court. 

Defendants Now Have Options to Gain Release

Proponents of the new legislation indicated that the previous bail system unfairly detained the poor and indigent for relatively minor offenses. The new law is said to restore a defendant’s constitutional rights, and avoid serving time in jail prior to actually receiving a trial. 

• Each defendant must have legal representation at their initial court appearance. 
• No cash bail will be required for their release if the defendant is judged not to be a threat to the community.
• If a defendant is not considered to be a risk to flee the jurisdiction, the new law also provides an opportunity for release without posting a cash bail. 
• Defendants charged with what are considered minor offenses will not be required to post a cash bail as a condition of their release. 
• Specific violations that will no longer require a cash bail for release include prostitution, driving under the influence, theft or drug possession. 
• Defendants will receive a new hearing within seven days if they cannot afford to post the amount for monetary bond that set by a judge at the time of their initial bail hearing.
• Rather than requiring a cash bond, the court can order an alternative action the defendant must comply with in order to remain free. These may include electronic monitoring, in-person reporting with a an officer of the court, participating in drug or alcohol counseling and curfews. 

As courts and law enforcement officials prepare to implement requirements of the new law, some indicate difficulty in ensuring representation is available for defendants appearing in bond court on Saturdays and over extended holiday weekends. 

Trust Your Freedom to an Experienced Arlington Heights Defense Lawyer 

As new laws take effect in Illinois, it is important to work with an Illinois criminal defense attorney who has the knowledge, experience and resources necessary to help you face any pending charges. Scott F. Anderson, Attorney at Law, provides every client with a meticulous review of their case and an aggressive defense strategy to protect your rights and fight for your freedom. Schedule a free consultation with an experienced Arlington Heights criminal defense lawyer when you call 847-253-3400.

Sources:

https://www.usnews.com/news/best-states/illinois/articles/2017-09-29/illinois-counties-prepare-for-bail-reform-to-take-effect

http://www.chicagotribune.com/news/local/politics/ct-bruce-rauner-bail-bill-met-0610-20170609-story.html