An Illinois Order Setting Bail Commitment to the Department of Corrections requiring Source of Bail Funds Hearing is a court hearing that is held to determine the source of funds used for posting bail. This hearing is held when a defendant posts a bond, or posts bail, and the court needs to determine if the funds used to post the bail were obtained legally. During this hearing, the court may ask the defendant to provide proof of the source of funds used to post bail. The hearing may also involve witnesses or other evidence to determine the legality of the source of funds. There are two types of Illinois Order Setting Bail Commitment to the Department of Corrections requiring Source of Bail Funds Hearings: pre-trial hearings and post-trial hearings. Pre-trial hearings are held prior to the start of a criminal trial, while post-trial hearings are held after a criminal trial has concluded.
Illinois Order Setting Bail Committment To CC Dept of Corrections Requiring Source Of Bail Funds Hearing
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FAQ
The amount of bail is determined on a case by case basis. It must be large enough to be an incentive to return, but not so large that it can't be paid. A judge will determine the bail amount depending on the offender's financial resources, likelihood of fleeing, past criminal record and the seriousness of the offense.
Section 725 ILCS 5/110-14 - Credit toward fines for pretrial incarceration (a) Any person denied pretrial release and against whom a fine is levied on conviction of the offense shall be automatically credited $30 for each day so incarcerated upon application of the defendant.
For misdemeanor cases, bond is usually posted at the police station and a bond hearing in court doesn't take place. At a Bond Hearing, the Court decides how much money you will have to post in order to be released from jail while your case is pending.
If the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear.
Under Illinois law, 625 ILCS 5/6-101, you may face a maximum penalty of 180 days in jail and a $1,500.00 fine for driving without a valid license if the offense is charged as a Class B misdemeanor. Class A misdemeanors carry a maximum 12 months jail sentence and $2,500.00 fine.
In Illinois, a person can be kept in custody, released on his or her own recognizance, or released on bail. If released on bail, there is a bond that must be paid. Bond is simply payment to the court in order to ensure a defendant's presence at trial.
This hearing is known as a Source of Funds or Source of Bail Hearing. This usually happens in drug cases where the prosecutor believes that you are a drug dealer and that the money that will be used to post your Bond is money that was obtained by drug dealing.
Unless otherwise ordered by the Court, or cases exist with outstanding balances, bond money will be refunded to the person who posted the bond minus any fees owed to the Court.