Chicago Criminal Lawyer Blog
I often receive phone calls from clients asking me if they can go back home after they are released from jail or whether they can contact their boyfriend or girlfriend or spouse after being released from jail. I usually tell those clients to come to my office and bring all of the papers that were given to them when they were released from jail. It is very important to keep all of your papers with you if you are arrested and released by the Police so that you may appear for court. You should bring all of your paperwork with you when you are meeting with your lawyer.
Typical Conditions of Bond
If you are arrested and released on Bond, you will be required to comply with certain requirements. In Illinois, the typical conditions that will apply to you if you are released on Bond are as follows:
-You must obey all laws and not commit any criminal violations.
-You must appear for each and every court date unless you are excused by the court.
-You cannot leave the jurisdiction without permission from the court.
-You cannot possess any weapons.
-You cannot use any drugs or alcohol.
These are the typical Conditions of Bond that apply to virtually all cases in which an individual is released from custody while facing a criminal charge. These conditions will apply whether you posted cash or whether you simply received an I-Bond that only required your signature promising to appear in Court.
What Are Special Conditions of Bond
However, the Court can always add more conditions to your bond. These conditions are called “Special Conditions of Bond.” However, a better way of describing them is that they are really additional conditions to your Bond. These additional conditions can be applied to any case but usually happens in Domestic Battery cases. If you are charged with a Domestic Battery in Illinois, and you are released on Bond, under Illinois Law, you must stay away from the Complaining Witness, or the victim for at least 72-hours after your release. This 72-hour stay away provision operates automatically under state law. Think of this 72-hour stay away provision as a cooling off period. This 72-hour stay away period can be extended by the court for any period of time that could force you to stay away from home and from your spouse, or boyfriend and girlfriend, until the case is finished in Court. We typically see Special Conditions of Bond in Theft and Retail Theft cases.
Common Special Conditions of Bond can include the following:
-Stay away from a specific address.
-Do not have any contact with a specific person.
-Do not have any harmful or offensive contact with a specific person.
-Check in periodically with Social Services, Court Services, or a Probation Officer.
-Adhere to a curfew.
-Have a GPS tracking device attached to your ankle.
-Have an Electronic Monitoring (EM) device applied to your ankle.
If the court applies Special Conditions of Bond to your case, you will receive those conditions on a separate piece of paper that spells out exactly what the additional Conditions of Bond in your case will be. When you get home, it is very important that you read all of the papers you were given to make sure you know what you are allowed to do and what you are not allowed to do while you are out on Bond.
What Happens If You Violate The Conditions of Bond
If you violate the conditions of your Bond, the prosecutor will file a Petition to Revoke your Bond and you will have to appear in Court to answer to the allegations. You are entitled to a hearing with the Court. At that hearing, the prosecution will be required to prove to the Court, by a preponderance of the evidence, that you violated a Condition of your Bond. A Violation of Bail Bond hearing is an informal hearing before a Judge. You are not entitled to have a jury decide the matter. The Rules of Evidence at a Petition to Revoke your Bond are relaxed. The Court can consider any relevant evidence, including hearsay, to determine whether the allegations in the Petition have been proven. If the Court is convinced by a preponderance of the evidence that the state has proven the allegations in their Petition to Revoke Bond, the Court may revoke your Bond and force you to stay in jail while your case is fought in Court. The Court can also increase the amount of your Bond and impose Additional Conditions on your Bond.
James Dimeas, is a nationally-recognized, award-winning, criminal defense lawyer, with over-27 years of experience handling Bond Hearings and Domestic Battery cases in Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the Year 2018 and 2019” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney” and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys awarded James Dimeas the “Top 10 Attorney Award for the State of Illinois.” James Dimeas is rated “Superb” by AVVO, the highest classification possible for any Domestic Battery and criminal defense lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a “10 Best Attorney for Client Satisfaction.” Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois.
If you are charged with a Domestic Battery, Retail Theft, or any criminal case in Illinois, you can always contact James Dimeas for a free and confidential consultation. You can always talk to James Dimeas personally by calling 847-807-7405.
Additional Blogs:
What Happens If You Are Arrested?, by James G. Dimeas, Chicago Criminal Lawyer Blog, April 3, 2018.