Bail Bond Violation Lawyers Chicago Illinois
Release on a bail bond requires a person to comply with conditions set by the Court. Under certain circumstances, the failure to comply with the conditions of bond may result in additional criminal charges. As examples, a person may face additional criminal charges for failing to surrender oneself within a certain period of time following a bond forfeiture, or for possessing a firearm, or for violating a condition of bond in a pending domestic violence case. Sometimes the violation of bail bond is a more serious offense than the underlying offense for which the person is released on bail. A person charged with violation of bail bond should immediately seek the advice of an experienced criminal defense attorney.
Chapter 725 ILCS 5/102‑6 says that:
"Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond.
Chapter 725 ILCS 5/102‑7 says that:
"Bail bond" means an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such conditions as are set forth therein.
When speaking of bonds, be aware that typically only 10% of the face value of the bond must be posted to secure the release of a defendant. For example, if the bond is for $1000.00, then only $100.00 needs to be posted to free the defendant. This is not always the case, but is generally correct. Make sure when speaking of a bond amount that you clearly determine exactly what cash amount needs to be posted.
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Chapter 720 Section 5/32‑10 of the Illinois Compiled Statutes defines the crime of Violation of bail bond and the penalties associated with it as follows:
Sec. 32‑10. Violation of bail bond
(a) Whoever, having been admitted to bail for appearance before any court of this State, incurs a forfeiture of the bail and willfully fails to surrender himself within 30 days following the date of such forfeiture, commits, if the bail was given in connection with a charge of felony or pending appeal or certiorari after conviction of any offense, a felony of the next lower Class or a Class A misdemeanor if the underlying offense was a Class 4 felony; or, if the bail was given in connection with a charge of committing a misdemeanor, or for appearance as a witness, commits a misdemeanor of the next lower Class, but not less than a Class C misdemeanor.
(a‑5) Any person who violates a condition of bail bond by possessing a firearm in violation of his or her conditions of bail commits a Class 4 felony for a first violation and a Class 3 felony for a second violation.
(b) Whoever, having been admitted to bail for appearance before any court of this State, while charged with a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, knowingly violates a condition of that release as set forth in Section 110‑10, subsection (d) of the Code of Criminal Procedure of 1963, commits a Class A misdemeanor.
(c) Whoever, having been admitted to bail for appearance before any court of this State for a felony, Class A misdemeanor or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963, is charged with any other felony, Class A misdemeanor, or a criminal offense in which the victim is a family or household member as defined in Article 112A of the Code of Criminal Procedure of 1963 while on such release, must appear before the court before bail is statutorily set.
(d) Nothing in this Section shall interfere with or prevent the exercise by any court of its power to punishment for contempt. Any sentence imposed for violation of this Section shall be served consecutive to the sentence imposed for the charge for which bail had been granted and with respect to which the defendant has been convicted.