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How Does The Bail Process Work in Illinois?

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bail processSome people who have been arrested and charged with misdemeanors and minor felonies may be released on bail until the date of the trial for their crime. In most misdemeanor cases, the amount of bail is a standard amount that is set by state law, depending on the crime committed. If the defendant cannot afford to pay the bail, he or she will be taken for a bail hearing. The rule is different in domestic violence cases.

In cases in which a defendant is charged with domestic battery, the defendant may be released on bail that requires the defendant stay away from the alleged victim or their shared residence for at least 72 hours after the incident. If the defendant violates this condition of the bail, he or she not only forfeits the bail money but may also be charged with a separate crime by violating the no-contact bail condition.

In more serious cases, the accused individual will be taken for a bail hearing before a judge. Hearings to set bail are called “bail hearings,” and they usually occur in the Circuit Court in the county in which you were arrested. Visit the Cook County website or DuPage County website for more information.

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