Defense Strategies for Bail Bond Violations
If you were arrested and charged with a crime, then depending on the severity of the crime, you may have posted bail or bond so that you would not have to remain in jail until your trial. After paying the bond fee to a bail bondsman (usually 10 percent of the total bail set), you were likely given a list of requirements. These requirements might have included:
- Travel restrictions
- Curfews
- Appearing for court as required
- Drug and alcohol testing
- No consumption of drugs or alcohol
- No possession of weapons
- No commission of additional criminal offenses
- Staying away from prohibited contacts
Bail bond violations of any of your specific conditions – that the court finds out about – can create additional legal difficulties for you. It is important that you always work with a reputable bail bondsman, as well as an experienced Joliet, IL criminal defense attorney.
What Are the Consequences for Violating Bail Bonds in Illinois?
The consequences of violating a bail bond will depend on several different issues. First, what is your violation? If you are five minutes late to a court hearing and have a valid excuse, you are unlikely to see any consequences. If, however, you leave the state after being told it was a condition of your bail that you not leave the state, then you could face serious repercussions.
The charges for a bail violation will depend not only on how you violated your bail but also on the underlying charge. If your underlying charge (that you posted bail for) is a misdemeanor, then a bail violation will be charged as a Class A misdemeanor with fines as large as $2,500 and up to a year in jail if convicted.
If your underlying charge is a felony, then a violation of your bail could be charged as a Class 4 felony, with fines as large as $25,000 and from one to three years in prison. In addition to fines and jail time, a conviction for violating a bail bond can result in forfeiture of the original bail amount, revocation of your bail, and a permanent criminal record.
If the judge allows you to remain out on bail, you will be forced to pay a higher second bail after losing your initial bail money, and you may have much stricter release conditions. Sometimes, you may be forced to wear an electronic ankle monitor that tracks your location. As you can see, bail violations are serious crimes with harsh punishments.
Are There Defenses for Bail Bond Violations?
Every case is different, and every person charged with a criminal offense is unique in some way. A skilled criminal defense attorney will tailor your defense specifically to the bond violation charged, the underlying crime, and the facts and evidence available. If the conditions of your bail were the least bit unclear – and your violation was relatively minor – your attorney may argue that misinterpretation of the conditions led to an unintended violation.
Although the prosecution bears the burden of proof, an aggressive defense strategy for a bail bond violation may hinge on challenging the validity of the evidence. Perhaps there was a chain of custody issue, or your rights were violated during the bail bond violation arrest. Any evidence obtained through unlawful means must be excluded, which can damage the prosecutor’s case against you.
Contact a Will County, IL Defense Lawyer
To avoid any further charges and the potential of severe penalties, contact your Joliet, IL bail bond violation attorney from Law Office of Eric J. Blatti, P.C. as quickly as possible if you inadvertently violate your bail conditions. Attorney Blatti is local to the Joliet area, has experience working as a public defender, and has a good relationship with judges and attorneys in the area. All these things can be beneficial for your case.