Crime & Traffic

In Illinois, a bond was the amount of money you paid to guarantee that you were going to show up to court for your case. It worked like a deposit that allowed you to carry on with your life (with some restrictions) until your case was heard by a judge. As of September 18, 2023, Illinois has completely eliminated the cash bond payment system under the SAFE-T Act. 

Before September 2023, judges set an amount of “cash bail” or “money bond” for detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. individuals. Now, you do not have to pay any money for pretrial release under Illinois law. There is no longer a requirement to post a money bond if you are charged with a crime and waiting for your trial When the issues of a case are heard in court and decided by a judge or jury . 

Pretrial release

You will have an opportunity to be heard before a judge in a hearing When the parties in a case present their sides of a case to a judge or other officer to determine pretrial release. During the hearing, the judge will determine whether you pose a risk to others if released. Pretrial release can be denied by a judge, “when it is determined that the defendant The person or organization being sued in a lawsuit poses a specific, real and present threat to a person, or has a high likelihood of willful flight”. Additionally, the prosecutor must show clear and convincing evidence Anything used to show that something is true that you committed Includes juveniles in placement in the facility as part of a court order. an offense that qualifies for a pretrial condition.

You can be denied pretrial release if the judge finds you meet any of the following criteria:

1. You are charged with a “forcible felony A serious crime that is punishable by more than one year in prison ” that comes with a mandatory sentence of imprisonment upon conviction When someone is declared guilty of a crime by a court . Forcible felonies include murder, sexual assault When a person commits an act of sexual penetration by force or threat of force. Done without the consent of the victim. This includes when the victim cannot give consent. , robbery To take or attempt to take anything from another person by force or intimidation , burglary The entry or attempted entry of any fixed structure, vehicle, or vessel used for regular residence, industry, or business, with or without force, with intent to commit a felony or larceny , arson, kidnapping Secretly taking and confining a person against their will , and aggregative battery.
2. You are charged with stalking When a person follows someone, watches them outside their home or office, or tells them things they observed them doing and your release would pose a threat to the community or an individual.
3. You are charged with battery and your release would pose a threat to the community or an individual.
4. You are charged with a sex offense and your release would pose a threat to the community or an individual.
5. You have a high likelihood of a willful flight to avoid prosecution and you are charged with a forcible felony.

If you are a repeat offender or have violated terms of release, you may also be detained pretrial.

Cook County update: As of December 2, 2024, the Cook County prosecutors will seek pretrial detention for anyone accused of certain crimes, including firearm-related detainable felonies, domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury or sex offenses Any sexual act without the consent of the victim, including when the victim cannot give consent. Includes sexual assault with or without an object, sexual abuse, sodomy, and fondling with weapons, felonies on public transit, Murder or Class X felonies, sex crimes against young children, and child pornography cases. Learn more at the Cook County State's Attorney website. 

If you are given pretrial release, you must not violate any terms. You must still:

• Come to all of your court dates;
• Obey court orders;
• Stay in Illinois, unless you get permission from the court to leave the state;
• Follow orders of protection or other conditions of release; and
• Not commit any other crimes.
• You may also have to:
• Avoid contact with the alleged victim or complaining witness A person who answers questions in court under oath (this also applies to all locations of a retail chain if you’re charged with retail theft The unlawful taking of property, money, or services from another person, business, or organization ).
• Give up any guns you have.
• Go through a psychological evaluation.
• If you violate your bond or condition of release by breaking any of these rules, you will be taken to jail. Learn more about the changes to the cash bail system.

Pretrial hearing

Anyone accused of a felony goes to court for a pretrial hearing. People who are accused of some misdemeanors or who have other issues, such as an outstanding warrant, are also sent to court for a hearing.

Violations of pretrial release

Every pretrial release is unique. If you violate the conditions of your pretrial release, your pretrial release may be revoked and you may be sent to jail. Some examples of violation of pretrial release include:

• Possession of a firearm
• Leaving Illinois without permission from the court
• Violating any criminal statute in any jurisdiction The legal authority of a court to hear and decide a case. Also a region where a court has authority.
• Failing to surrender yourself after a certain period of time

For more details regarding violations of pretrial release, review this PowerPoint presentation here.