Chicago Criminal Lawyer Blog
Bail violations are violations of the terms of your release from prison while you are awaiting trial. There can be many conditions imposed as part of your bond, and a violation of any one of them can result in serious criminal penalties, including being sent or returned to prison.
What is a Bond Violation?
If you have ever seen a modern “cop” drama on television, you are aware of the concept of bond, or bail. After you are arrested, in most cases you can give the state of Illinois some amount of money to hold as a type of collateral, or insurance, to ensure that you will appear for your court date, or comply with other conditions while you await trial. If you follow all of the conditions of your release and show up for trial, that money is refunded to you. If you break any of the conditions of your bail or fail to appear for your trial, you could not only forfeit the bail money, but you could face even more criminal charges than you are already facing.
What are Some Typical Conditions of Bail?
The court can impose any number of conditions upon your release while you await trial. Some are more common than others. For example, you may be ordered to stay out of legal trouble, to stay away from certain locations (such as known drug areas), and even to stay away from certain people (such as a co-defendant, or in the case of domestic violence charges, the alleged victim). Checking in with a probation officer is often another condition of release.
Consequences of Violating Bond Conditions
Under Illinois law, if you forfeit your bail and intentionally fail to surrender within 30 days following the date of the forfeiture, will be charged with a new crime. If the bail was given in connection with a felony charge, or pending the appeal of any criminal conviction, you will be charged with a felony of the next lower Class, or a Class A misdemeanor if the underlying offense was a Class 4 Felony.
If bail was given following arrest and misdemeanor charges and is forfeited, then it is a misdemeanor of the next lowest class, but never lower than a Class C misdemeanor. If you possess a firearm in violation of your conditions of bail, you will be charged with a Class 4 felony (a Class 3 felony for second or subsequent convictions). The law also requires that if a sentence is imposed for a bail violation, it must be served consecutively to any other charge you are convicted of that you needed the bail for in the first instance.
What Should You Do if You Are Arrested for a Bond Violation?
Any violation of the conditions of your bail can have serious ramifications. If you are arrested for a bond violation, you have the right to remain silent, and you have the right to request an attorney before speaking with the police. The extreme nature of the possible penalties for bond violations make consulting an experienced attorney a very good idea.
The Law Offices of David Freidberg Can Defend You Against Bond Violation Charges
We are here 24 hours a day, seven days a week, ready to vigorously defend any person facing charges of bail violations. If that is you, it is important to seek experienced legal representation from a Cook County criminal defense attorney. Contact us today at 312-560-7100 or email us, for a complimentary consultation to learn how we can fight for you.
