Information regarding Illinois being a no bail state and not being able to go before a judge for over 30 days is normal

Question

I am trying to find someone to assist my fiance's son. He was arrested. We have been unable to talk to him for more than a minute since his arrest. We believe it is a domestic violence situation according to the jail website. Our issue here has to do with how the bail system currently works in Illinois and have been unable to get any answers.The county informed us that Illinois is a no bail state and that he will not be going before a judge for at least a month. Would like to know if this is normal? He will eventually have to go with a public defender, but I am attempting to find out if hiring an attorney to assist with the present situation would help in any way. Could an attorney help to see if he would be able to be released any sooner or even with an attorney he would have to wait until the court date they have currently set. Any knowledge would be appreciated. Not sure which direction to go. Thank you!!

Kevin P. O'Flaherty · Answer

Illinois is now a no-cash-bail state, but that does not necessarily mean someone should sit in jail for a month before seeing a judge about release. Under Illinois’ Pretrial Fairness Act, cash bond has been eliminated, but courts still decide whether a person should be released, released with conditions, or detained. In many cases, the arrested person should have an initial appearance without unnecessary delay, and if the State asks to detain them, the detention hearing is generally scheduled much sooner than a month, though delays can occur for specific legal reasons. Illinois court materials discuss “48 hours/timing of initial appearance” issues under the new system.

Information regarding Illinois being a no bail state and not being able to go before a judge for over 30 days is normal

1 answer

Kevin P. O'Flaherty

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