Understanding Violation of Bail Bond in Illinois
In Illinois, the offense of violation of bail bond is governed by 720 ILCS 5/32-10. This law sets out the penalties for when a person who has been released on bail pending trial violates the conditions of their release.
What Does This Law Cover?
720 ILCS 5/32-10 covers a few main situations:
- When a person violates any condition of their pretrial release and then fails to surrender themselves within 30 days. This is a Class A misdemeanor if the underlying charge was a felony.
- When a person violates a specific condition of their release related to protecting family or household members while released on bail for a domestic violence offense. This is a Class A misdemeanor.
- When a person possesses a firearm in violation of their bail conditions. This is a Class 4 felony for a first violation and a Class 3 felony for repeat violations.
So in short – violate your bail conditions in certain ways, and you could be looking at additional criminal charges.
What Are Typical Bail Conditions?
When a judge sets bail, they usually set certain rules that the defendant has to follow as conditions of their release. Common examples include:
- Appearing in court when required
- Remaining in the jurisdiction
- Not contacting certain people (e.g. victims or witnesses)
- Maintaining employment
- Obeying a curfew
- Not possessing firearms or other weapons
The judge has a lot of discretion in setting bail conditions. The goal is generally to minimize risk to the community while still allowing the defendant to be released pending trial.
When Would Bail Conditions Be Violated?
There are a variety of ways a defendant could violate their bail conditions. Some examples:
- Failure to appear in court: One of the most common violations. Even if unintentional, failing to show up to a required court date is considered noncompliance.
- Leaving the jurisdiction: If bail conditions require staying in a certain geographic area, leaving that area would be a violation.
- Contacting restricted persons: Any contact with victims, witnesses etc in violation of “no contact” bail rules.
- Committing new crimes: Being arrested or charged with a new offense would violate the expectation to remain law-abiding while on bail.
- Possessing weapons: It’s common for bail terms to prohibit possessing firearms or other weapons. Violating this condition could lead to charges under 720 ILCS 5/32-10(a-5).
Defendants out on bail need to fully understand their release conditions and the consequences for noncompliance. Unwitting violations could still land them in legal jeopardy.
Penalties Under 720 ILCS 5/32-10
The possible penalties for violating bail conditions depend on the circumstances:
- Failure to surrender – Class A misdemeanor if the underlying charge was a felony. This applies when a person incurs any type of bail violation then fails to turn themselves in within 30 days.
- Violation related to domestic violence release – Class A misdemeanor. This covers violating release terms meant to protect household/family members.
- Unlawful firearm possession – Class 4 felony for first violation, Class 3 felony for repeat violations.
In addition to new criminal charges, bail violation can also trigger revocation of the defendant’s release as judges see fit.
The penalties are meant to deter noncompliance. Those out on bail need to take their conditions seriously or risk further legal consequences.
Real World Cases
To understand how these bail bond violations play out, it helps to look at real examples.
In one case, a man released on bail after a domestic battery arrest returned to the victim’s home in violation of his “no contact” bail terms. He confronted her again, leading to more violence. The man was charged for the bail condition violation under 720 ILCS 5/32-10(b). His noncompliance showed the need for strict release rules in domestic violence cases.
Another case involved a convicted felon possessing firearms in defiance of his bail stipulations requiring no weapons. He was charged under the firearm provision of 720 ILCS 5/32-10(a-5). This section was added to dissuade those out on bail from unlawfully arming themselves.
These cases illustrate the real dangers when people released pretrial fail to follow their bail restrictions. The multiple penalty provisions under 720 ILCS 5/32-10 provide prosecutors various options to punish and deter bail violators.
Constitutional Considerations
While bail laws serve important public safety purposes, they also raise constitutional issues regarding rights to due process, unreasonable seizure, and excessive bail.
Critics argue strict bail restrictions infringe on rights to liberty prior to conviction. Some also contend cash bail systems disproportionately penalize low-income defendants. Excessively high bail amounts could pressure even innocent people to accept unfair plea deals.
However, courts have largely upheld the pretrial detention system against constitutional challenges. Most judges still have broad discretion in imposing bail terms to balance individual rights against community safety.720 ILCS 5/32-10 provides strong medicine to discourage bail violators. But lawmakers still grapple with striking the right constitutional balance between pretrial release rules and personal freedoms.
Defenses Against Bail Violation Charges
For those facing charges under 720 ILCS 5/32-10, there are defenses that could defeat or mitigate the allegations:
- No intentional or knowing violation – Some conditions may be violated due to circumstances out of the defendant’s control or misunderstandings about the rules. Violations require proof the person “knowingly” broke their release terms.
- Unconstitutional bail restrictions – Defendants can challenge the legality or constitutionality of their bail conditions. If conditions are found to be unconstitutional, violating them may not be punishable.
- Compliance after violation – In failure to surrender cases, turning oneself in within 30 days prevents additional charges under 720 ILCS 5/32-10(a).
- No underlying felony – The Class A failure to surrender charge requires the existence of an underlying felony offense. If the predicate case is only a misdemeanor, this penalty may not apply.
While bail violation can trigger serious consequences, experienced criminal defense counsel may be able to contest the charges successfully or seek leniency in sentencing.
Bottom Line on Bail Bond Violations
Violating pretrial release conditions undermines public trust in the bail system intended to allow suspects to remain free pending trial. 720 ILCS 5/32-10 aims to penalize and deter such misconduct threatening community safety.
Those accused of crimes must strictly adhere to all bail restrictions set by the court. Any noncompliance could mean new Class A misdemeanor or felony charges.
Defense lawyers can help negotiate reasonable bail terms and defend clients facing allegations of bail bond violations. But ultimately, defendants free on bail before trial must fully grasp and obey all conditions of their supervised release.