Will I Have to Stay in Jail if I Am Awaiting Trial in a Criminal Case?

 Posted on November 17,2020 in Criminal Law

Much of the anxiety and trepidation that comes when you are arrested for a crime is simply a result of not knowing how your case will resolve. In many cases, a person will be arrested, arraigned on his or her charges, and then will not actually go to trial for several months because of the backlog of court cases. During this period of time, there are some people who are required to await their trial in jail, whereas others are able to pass the time by going about their lives in a modified manner. This is called pretrial release and is commonly present in criminal cases, though not all criminal defendants are eligible for release. A skilled criminal law attorney can defend the rights if you are arrested for a crime and can advise you of your rights regarding pretrial release.

Factors Considered During the Detention Hearing

Some of the main purposes of the pretrial release system include ensuring defendants will appear at their trials, giving due process to these defendants, and protecting the victims and community from danger. These are some of the first considerations a judge will make during a detention hearing when determining whether or not to grant pretrial release to a defendant.

According to Illinois state law, all defendants are considered to be “bailable” or able to be released pending their trial unless they fall under certain conditions. However, you are not eligible for pretrial release if you are:

• Charged with a capital offense

• Charged with a crime for which life imprisonment is a possibility

• Charged with a felony offense that carries a prison sentence without the possibility of release

• Charged with stalking or aggravated stalking, if it is determined that denying pretrial release is necessary to prevent the defendant from acting upon a threat

• Charged with unlawful use of weapons and the offense occurred in a school zone or on school property

• Charged with making terroristic threats

• Determined by the court to pose a threat to the physical safety of any person

Contact an Arlington Heights, IL Criminal Defense Lawyer for Help

Being arrested can be a frightening experience, but an accomplished Rolling Meadows, IL criminal defense attorney can advocate for your freedom during your detention hearing. Scott F. Anderson, Attorney at Law, has been practicing in the field of criminal law for more than 25 years and will use his wealth of experience to achieve the best result possible. To learn more and to schedule a free consultation, call our office today at 847-253-3400.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072500050HTit%2E+III&ActID=1966&ChapterID=54&SeqStart=16000000&SeqEnd=21000000

https://www.americanbar.org/groups/criminal_justice/publications/criminal_justice_section_archive/crimjust_standards_pretrialrelease_blk/