Introduction
Violation of bail bond by possessing a firearm is a serious offense in Illinois that can lead to felony charges. This article will provide an overview of bail bond conditions, explain what constitutes a violation, discuss penalties, and look at defenses that may apply.
What is a Bail Bond?
A bail bond is a contractual agreement where a defendant pays a percentage of the total bail amount to a bondsman, who agrees to pay the full bail if the defendant fails to appear in court. It allows a defendant to be released from jail while their criminal case is pending.
Bail bonds usually come with standard conditions the defendant must follow, like appearing at all court dates, maintaining good behavior, avoiding contact with victims/witnesses, etc. Additional conditions may also be imposed by the judge, like drug testing, GPS monitoring, or staying away from certain locations.
Bail Bond Firearm Restrictions
A common condition of bail in Illinois is that the defendant cannot possess any firearms while out on bond. This applies even if they legally owned guns prior to the arrest, or have a valid FOID card. The restriction is meant to promote public safety by keeping weapons away from those accused of crimes.
So if a defendant out on bail is found in possession of a firearm, they are in violation of their bond conditions. This is the case even if the gun technically belongs to someone else in their household. Simply having access to or control over a firearm is enough to constitute a violation.
Penalties for Violating Bail Bond with Firearm
Under 720 ILCS 5/32-10(a-5), violation of bail bond by possessing a firearm is a felony offense. For a first violation, it is a Class 4 felony punishable by 1-3 years in prison and fines up to $25,000.Subsequent violations are upgraded to a Class 3 felony, which carries 2-5 years imprisonment and up to $25,000 in fines. The elevated penalties for repeat offenses demonstrate how seriously Illinois takes these bail violations.
In addition to new criminal charges, a bond violation means the defendant’s existing bail will likely be revoked. This results in arrest and detention without bond until the original criminal case is resolved.
Defenses to Bail Bond Violations
There are a few defenses that may apply in contesting bail bond firearm violations:
- Lack of Knowledge – If the defendant was unaware of the firearm’s presence or that it was prohibited, they cannot be found to have knowingly violated bond. However, lack of knowledge is difficult to prove.
- Self-Defense – Using a firearm for legitimate self-defense purposes may excuse the conduct. But the defendant will need evidence of a direct threat justifying urgent defensive action.
- Necessity – If the firearm was needed to prevent a greater harm from occurring, a necessity defense may succeed. Though this is hard to claim if lawful alternatives existed.
- False Accusations – Allegations of bail violations should be challenged if there is reason to doubt the credibility of accusers or the reliability of evidence.
- Unconstitutional Conditions – In rare cases, a defendant may contest the legality of a bond restriction infringing upon 2nd Amendment rights. But courts tend to uphold firearm prohibitions for those charged with crimes.
Seeking Legal Guidance
The consequences for violating bail bond conditions are quite severe. Anyone accused of possessing a firearm while out on bond needs experienced criminal defense counsel. An attorney can evaluate defenses, negotiate with prosecutors, and develop a strategy to contest the charges.
With sound legal advice and skilled representation, some defendants may be able to get charges reduced or dismissed. This helps mitigate the penalties and fallout from bail bond violations.
Conclusion
Bail bonds are a great way for defendants to avoid jail time while their case works through the courts. But all conditions must be followed closely to avoid further legal troubles. Possession of firearms while on bond is considered a serious violation that brings felony charges. An alleged violation should be addressed swiftly with help from a criminal defense lawyer. With an attorney’s assistance, some defendants may be able to avoid the harshest penalties for violating bail bond by having a firearm.