Illinois Motion to Release Defendant and Set Reasonable Bail

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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

The Illinois Motion to Release Defendant and Set Reasonable Bail is a legal document used in the state of Illinois to request the release of a defendant from custody and to request the court to set a reasonable bail amount. This motion is typically filed by the defendant's attorney or the defendant themselves. Keywords: Illinois, motion, release defendant, set reasonable bail, legal document, custody, attorney. There are several types of Illinois Motions to Release Defendant and Set Reasonable Bail, including: 1. Pretrial Release Motion: This motion is filed prior to the trial and requests the court to release the defendant from custody on bail. The motion presents compelling reasons for the defendant's release, such as lack of flight risk, strong community ties, employment, or family obligations. 2. Bond Reduction Motion: This motion is filed when the defendant is unable to afford the original bail amount set by the court. The motion requests the court to reduce the bail to a more reasonable amount, taking into account the defendant's financial circumstances. 3. Bail Review Motion: This motion is filed if the defendant's circumstances have changed since the initial bail was set, such as new evidence or changes in the defendant's personal or financial situation. The motion seeks a review of the bail amount and requests the court to adjust it accordingly. 4. Motion for Conditional Release: This motion is filed when the defendant proposes specific conditions under which they will be released, such as electronic monitoring, regular check-ins with a probation officer, or participation in treatment programs. The motion presents these conditions as alternatives to custody that will ensure the defendant's appearance in court and protect public safety. In conclusion, the Illinois Motion to Release Defendant and Set Reasonable Bail is a legal document used to request the release of a defendant from custody and propose a reasonable bail amount. Different types of such motions include pretrial release, bond reduction, bail review, and conditional release motions. These motions allow the defendant or their attorney to present compelling reasons for release or seek adjustments to the original bail amount based on changing circumstances or proposed conditions.

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FAQ

Individuals posting bond must complete the Inmate Bond Identification Form. Bond is only accepted in the form of cash or a certified cashier's check. If bond is posted (paid) with a certified cashier's check, the certified cashier's check must be made payable to the ?Clerk of the Circuit Court?.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

In July 2023, the Illinois Supreme Court declared the legislation ending cash bail constitutional. Beginning on September 18, 2023, Illinois courts no longer use a cash bail system. Instead, they use a ?pretrial release? system as allowed by the SAFE-T Act. Learn more about this new system and what it means.

In 2017, Cook County Circuit Court Chief Judge Timothy Evans issued General Order 18.8a which required judges to only set monetary bonds in an amount that people could afford. This reform allowed thousands more people accused of crimes to await trial in their communities.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

Own Recognizance (OR) A person is granted release on their own recognizance when the judge releases them with no money bail or conditions. The person is simply released and can fight their case outside of custody.

Release on recognizance (ROR) ? The court releases some defendants on a signed agreement that they will appear in court as required ? [which] includes citation releases in which arrestees are released pending their first court appearance on a written order issued by law enforcement or jail personnel.

?Bail? is money or property that a defendant puts up as a promise to return for future court dates.

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Jul 17, 2017 — Prior to setting or modifying a condition of release that includes monetary bail, the court shall conduct an inquiry into the defendant's ... TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES YOUR DEFENDANT in the captioned cause, and moves the court to set a reasonable bond, and in support of this ...For information about posting bail after an arrest, contact a Chicago criminal defense attorney at Mitchell S. Sexner & Associates LLC at (800) 996-4824. (a) When a defendant has previously been granted pretrial release under this Section for a felony or Class A misdemeanor, that pretrial release may be revoked ... Jan 5, 2021 — Johnson, 2019 IL App (3d) 190582 Over a dissent, the Appellate Court affirmed the denial of defendant's motion to reduce his $2 million bond. The state of Illinois provides the right of bail or bond hearing to every person who has been arrested on account of an illegal activity. Sep 16, 2022 — Under the current Illinois bail statute, all defendants are eligible for bail before conviction, except where the proof is evident or the ... by CA Devitt · 1987 — Deposit of a 10 percent cash bail, whereby a defendant is released upon depositing a cash amount equal to 10 percent of the total bond amount set by a judge, on ... If unsecured bond is not deemed a sufficient condition of release, and the court still seeks to impose monetary conditions, bail should be set at the lowest ... Jun 20, 2022 — ... file a motion with the court requesting relief from the requirement to post bond. The court shall rule on the motion in an expedited manner.

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Illinois Motion to Release Defendant and Set Reasonable Bail