What is Bond?
Bond is an amount of money that you give to the court to allow the court to release you from custody (jail). More specifically, the money is posted and is held by the court clerk’s office (bail bond agencies are not allowed in Illinois). The court returns your money after your case is resolved, minus any deductions (see Getting your Money Back below).
Conditions of Bond:
There will be limitations on you until the court decides your case. The limitations include:
- you will not be allowed to leave the State of Illinois without permission from the judge;
- additionally, you cannot commit another offense;
- furthermore, you must notify a court clerk of any address changes within 24 hours;
- as well as other limitations that vary from county to county and even from case to case.
Restrictions on leaving the State of Illinois:
Because you have a case pending and are on the court’s bond, you cannot leave the State of Illinois without permission from the judge. The court will usually give you permission to travel to another state for business, to return to where you live, to visit family or friends, and even to take a previously planned vacation. Although the court will usually give permission to travel, the court will limit the travel for the specific trip and between specific days. The important thing is that you ask the court for permission before you travel.
Getting Your Money Back:
Once your case is over, you will get your money back (minus 10% if you have a “D Bond”). If you have fines, court costs or other fees, the court will apply your refund to what you owe the court. Then, it will return the money to you. In some cases, you can use your refund to pay your attorney. Some courts are more agreeable than others in transferring the refund to your attorney.
In Will County, the court will ensure that your fines prevent you from getting any of your money back. Assigning your bond to your attorney can prevent the court from taking all of your money. This can also help protect your money.
Why the Court May Not Return All of Your Money:
If you have a “D” bond (the most common type in a criminal case), the court clerk’s office retains 10% of the money as a processing fee. Also, you only have to post 10% of the actual bond to be released. For example, if you have a $1,000.00 “D” bond, all you have to post is $100.00 (10%). Once the case is complete, you will get 90% of the money you posted back. So, if you posted $100.00, you will get back $90.00.
The court requires that you post bond to ensure that you will return to address the criminal charges against you. If you fail to return after you post the money, the amount you posted will be forfeited/surrendered and will become the property of the court, and a warrant will be issued for your arrest.
Three Types of Bond in Illinois:
Personal Recognizance also known as an “I Bond”:
You simply sign your way out of court and promise that if you do not show up to court, you will then owe the money. 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. A personal recognizance is also available on a misdemeanor case. Once the case is over, the bond is over, and you do not have to give any money for having a personal recognizance bond. Likewise, the court does not give you any money back, as you never had to post any money.
This is where a person has to post 10% of the actual bond amount. For example, if the amount is $1,000, you would have to post $100. Likewise, if the 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. This is typical in civil cases where a person owes money on a civil judgment. These are not used in criminal cases.
Want to review your case with Attorney Michael J. Young? All consultations–in person or on the phone–are free and without obligation. Call to schedule either a telephone consultation or a in-person meeting.
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