Out on Bond

Over the last few years, bond has become a big topic in Chicago. Here at Laura Law, we have written multiple blog posts about bond, the process, and the changes.

Advocates for bond reform say that the system is broken and can trap people in jail. Others say that having bond for certain crimes allows violent criminals to remain on the streets. This is what State Senator Bill Cunningham is saying in his recently introduced bill.

The new bill would allow a defendant charged with certain gun crimes to be held without bail, if, after a hearing, a judge determines that releasing the defendant would create a “real and present threat” to public safety. If it becomes law, this could apply to gang members charged with possessing a gun, violent felons, and armed habitual criminals (someone with a new gun charge who has at least two prior felony convictions for drug or weapons offense, or violent offenses.

Criminal defense attorneys and other advocates point out those charged with a crime are innocent until proven guilty. Serious and violent crimes are often met with high bail amounts. Also, defendants and prosecutors are able to argue for a higher or lower bond, even though the final decision belongs to the judge. If this bill becomes law, it could be yet another way that bond in stacked in favor of the State.

The bill and its focus on public safety is reasonable, but does it violate defendants’ rights? And will it actually deter people from committing gun crimes? The answer will come soon enough, as the bill passed unanimously in the State Senate and is heading to the House.

Nevertheless, defendants still have certain rights under the law when it comes to bond. If you, a friend, or family member need legal representation, contact us at Laura Law.