Chicago Bail Bond Violation Lawyer
Bail Bond Violation Defense
When a person has been charged with a crime, whether it's for a misdemeanor, felony or traffic offense, the defendant is required to appear in court at a later date in front of a judge. When the police release you from custody, you must make a promise to show up in court. This promise is called a Bail Bond. It's a piece of paper that describes your obligations to the court like your promise to stay out of trouble, show up on time for your court dates, not to leave the jurisdiction, and sometimes it includes other language requiring you to stay away from the victim or to report to a court officer before your court date. Bail bonds vary from county to county and may include many different requirements.
Personal Recognizance Bond or 'I Bond'
Depending on the nature of the charge and your past criminal history, sometimes the police officer is able to release you from custody without requiring you to post any amount of cash bail at all. This is called a personal recognizance bond or "I Bond". Other times, the officer can immediately release you from custody by posting cash in the amount of $100, $200 or more. But there are still other times (such as in the case of felonies or domestic battery) when the officer is required to bring you directly in front of a judge at which time the judge will determine what the bail bond amount should be. As long as you are able to post the dollar amount then you'll be released from custody. If you can't post the bail, then you have to stay in jail. When you hire our offices though, we can ask the judge to lower your bond and try to get you released from custody. You can contact Mitchell S. Sexner & Associates LLC any time of day at (800) 996-4824.
Violation of Bail Bond
But what happens if you forget your court date or just don't show up? Well, obviously the judge will not be pleased and he or she will likely do one of two different things. He or she might just continue your case to another date and have the clerk send you a postcard in the mail informing you of such. However, depending on the nature of the crime and your criminal history, the judge is probably more likely to issue a warrant for your arrest. This is called a bail bond violation when the judge decides that you have violated the terms of your bail bond, whether it's because you were arrested for a new offense of whether it's because you failed to appear in court.
Forfeiture of Bail Bond
When a judge issues a new warrant for your arrest, it's very likely that the new bail bond amount will be more than the original amount that you posted, and sometimes it may be double, triple or more. The clerk probably won't send you a postcard about this. If you fail to appear in court on any felony charge, you can expect that the Judge will issue a warrant with no bail, so that if you are arrested on the warrant, you will be brought directly before the Judge that issued the warrant at the very first opportunity. If you failed to appear in court within thirty days after you forfeited your bond, then you won’t likely be released on bail again, unless the Judge rules that your failure to appear was not meant to avoid prosecution or to obstruct justice. If you are in this situation, then you need a skilled defense attorney like those at Sexner & Associates LLC (800-9964824) that knows the law to help you stay out of custody while your case moves toward resolution.
A Violation of Bond is a Criminal Offense
In addition to the forfeiture of your original posted cash bail, and the entry of a civil judgement in the full amount of the bail (for example, if you posted $100, a $1,000 judgement is entered), if you fail to appear in court on any criminal charge within the 30 days after the forfeiture, you can be charged with the offense of Violation of Bail Bond. If you were originally released on a felony, then it is charged as the next lower class felony, and if you were originally released on a class 4 felony, then it is charged as a class A misdemeanor. If you were originally released on a misdemeanor, then it is the next lower class, but not less than a class C.
Also, if you were released on a charge involving a family or household member as the alleged victim, and you violate any of the conditions of bail, then the Violation of Bail Bond charge is a class A misdemeanor. If a new criminal offense is charged where the victim is a family or household member, before you can be released on bail on the new case, you must be brought in custody before the court on the original case before you can be released on bail again.
No Weapons While on Bail
One of the most important conditions of bail is the ban on of the possession of firearms while on bail. Anyone who knowingly violates that condition by knowingly possessing a firearm in violation of bail can be charged with a class 4 felony on the first such offense, and a class 3 felony for any after that.
Get Help from Our Bail Bond Violation Attorneys in Chicago
Is someone you care about in custody on a criminal charge and the bail was set too high? A Judge assigned to the case can always review (reconsider) the amount of bail if a written motion is filed.
When you hire a Chicago criminal defense lawyer at Mitchell S. Sexner & Associates LLC, we cab file the written motion needed to make that request. Then we’ll do our best to get your bail amount lowered and work to get you released from custody so that you can better assist us in presenting your defense in court. We're here for you 24 hours a day, 7 days a week. So call us anytime at (800) 996-4824 and let us explain how we can help you today.