Legal Question in Criminal Law in Illinois
Bail Procedures In Criminal Cases
If bail (cash) is posted and the defendent makes all their court appearences, at what time is the bail money returned and is all of it returned; or what are the specific reasons it would or would not be returned? Thank you.
2 Answers from Attorneys
Re: Bail Procedures In Criminal Cases
Upon sentencing bond money will be released. Most courts will keep 10% of the posted bond for administrative fees. If the bond is in the defendant's name - meaning the defendant posted the bond - the bond will most likely be used for fines and costs. If someone other than the defendant posted the bond the bond would be returned upon notification that the defendant appeared for sentencing. If the bond was arranged through a bail bondsman no part of it is returned.
Re: Bail Procedures In Criminal Cases
In Illinois, the fee will be 10% of the bond, that is if $100.00 was posted, $90.00 will be returned to the individual posting the bond. This will be at the conclusion of the case. The conclusion is either when the defendant is sentenced, or when there is a dismissal or finding of not guilty.
There can be other uses for the bond money. Sometimes it is used for the payment of fees or costs, and a defendant may assign the bond to his counsel as a part of the payment for legal services.
When the bond is being returned, it usually takes about 4 to 6 weeks for it to be processed.
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