Legal Question in Criminal Law in Illinois

how to overturn a bail amount

My fiance is currently incarcerated for a crime of 1st degree murder and his bail is $25,000. I think that the charge is over exagerated and the bail is too high. Is there any way to get him to overturn the bail amount on his own recognice since he is still awaiting trial?


Asked on 12/26/07, 12:13 am

4 Answers from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: how to overturn a bail amount

Need to file a motion before the original trial judge.

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Answered on 12/26/07, 5:50 pm
Michael Rosenblat Michael C. Rosenblat., P.C.

Re: how to overturn a bail amount

Your lawyer can file a motion to reduce bail.

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Answered on 12/26/07, 9:03 am
Michael Rosenblat Michael C. Rosenblat., P.C.

Re: how to overturn a bail amount

Your lawyer can file a motion to reduce bail.

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Answered on 12/26/07, 9:03 am
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: how to overturn a bail amount

Your lawyer can file a motion to reduce bail. However, no judge will give what we call an "I" (individual recognasance) bond on a murder charge. The state must think they have a good chance to win or your fiance would not have been charged with 1st degree murder. Sometimes the state does overcharge in the hopes of getting a conviction on lesser included charges such as 2nd degree murder. I understand that you think the charges are exagerated and the bail is too high. Unfortunately, only what the judge and jury thinks of the charges counts.

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Answered on 12/26/07, 2:45 pm


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