In Illinois, bail bondsmen are prohibited and attorneys are forbidden to act as a surety on a bond. Therefore, the accused or his surety is responsible to post bond. Three types of bonds exist:
(1) An "I"-bond, which is a personal recognizance bond
(2) A "D" bond which requires a 10% deposit of the total bond amount
(3) A "C" bond which requires the total bond amount to be posted before an
accused will be granted pre-trial release.
Everyone accused of a crime is bailable before conviction. However, the general rule has many exceptions. For example, those accused of capital offenses and offenses where life imprisonment is a potential penalty are not bailable if the proof is evident or the presumption great that the defendant is guilty of the offense. Bail may be granted in such cases only after the defendant can establish that the proof of his guilt is not evident and the presumption is not great.
In all cases, a court can deny bail if after a hearing, determines that the State has established that the accused's release would pose a real and present threat to the physical safety of any person or persons.
Factors in Bail Amount
The purpose of bail is to reasonably assure that the accused appears to each and every court date while protecting the safety of any other person or the community as a whole. In making this determination a court will consider the facts and circumstances of the case, the potential sentence upon conviction, the accused's ties to the community, and the likelihood the accused will comply with the conditions of bail.
The amount of bail imposed will be an amount that is sufficient to assure compliance with the conditions of bail; however, the amount should not be oppressive while taking into consideration the financial ability of the accused.
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