Bond: Types of Bond and Conditions of Bond
Bond is security (money) that has to be given to the court to allow you to be released from custody (jail). More specifically, the money is posted and it is held by the court clerk’s office (bail bond agencies are not allowed in Illinois). Generally, the money is returned to you once your case is over.
The court requires that you post bond to ensure you will return to court and address the criminal charges against you. If you fail to return after you post bond, your bond will be forfeited / surrendered and will become the property of the court and a warrant for your arrest will be issued.
Once you have posted bond, there are limitations on you until the case is over. The main limitation on you is that you are not allowed to leave the State of Illinois. Other limitations that vary by county to county and even case by case may also be in place. One example is if the case involved domestic battery, an additional limitation to bond could include no contact with the victim or other family members. If you are charged with another offense during the time that you are on bond, the bond can be modified so that you need to post a larger bond or the bond can be revoked totally and you will be placed in custody while you case is being tried.
Restrictions on leaving the State of Illinois:
The bond restricts you from leaving the State of Illinois. In order to leave the State of Illinois you need the court’s permission. The court will usually give you permission to travel to another state different from where you live, for work purposes, and even for a previously planned vacation. The court will limit the travel for the specific trip, location and specific days. The important thing is that you ask the court for permission before completing any travel. You may need to provide the judge with proof that you are required to travel to different states for your employment or show proof of travel plans (including airline reservations or hotel reservations).
Three types of bonds in Illinois:
Personal Recognizance/ I Bond:
The most common type of bond is an I Bond or Personal Recognizance bond. On this type of bond, you simply sign your way out of police custody or court and promise that if you do not show up to court that you will pay the bond. For example, if you get a traffic ticket, the officer will have you sign the ticket promising to come to court. This is a bond you are signing. Personal recognizance bonds (otherwise known as an “I bond”) are also available on some misdemeanor cases. Once the case is over, the bond is over and you do not have to pay any money for having a personal recognizance bond. Likewise, you do not get any money back as you never had to post any money.
A “D Bond” is when a person has to post 10% of the actual bond amount. For example, if the bond amount is $1,000, you would have to post $100. Likewise, if the bond amount is $10,000, then you would have to post $1,000. Once the case is over, the court clerk keeps 10% of the money you posted. So, if you posted $100, you would receive $90 back ($100 – 10% = $90).
A cash bond is where the court requires you to post cash in the actual amount of the bond. This is typical in civil cases where a person owes money on a civil judgment. A cash bond is not used in criminal cases.
Getting your Bond Money Back:
Once your case is over, you will get your bond money back (minus 10% if your bond is a “D Bond.”) If you have fines, court costs or other fees, the court will apply your bond refund to the amount you owe the court before returning the bond money to you. Your bond can (in some cases) be used to pay your attorney. Some courts are more agreeable than others on transferring the bond refund to your attorney.
How is Bond Determined
The judge will consider many factors when determining the type and amount of bond for an individual. The judge will first look at the nature of the offense or what charges the defendant is being accused of. The judge will also consider if anyone was injured during the crime or if a theft case, the amount of money or property stolen. Other factors that go into determining a bond include: age, education, employment status, family status, where the individual was born, how long him or his family has lived in the local area. The judge determines if the defendant has “substantial ties” to the area before he determines a bond amount.