Jerseyville, IL asked in Criminal Law for Illinois

Q: When An jail inmate has a bond set.By law do they have to let him out when someone comes up there cash in hand to bail?

My friends states attorney told him that he has a bond and if someone bonded him out he would go on probation, then so my friends uncle comes up there to bail him out and the states attorney says no and they want him in prison. That doesnt make sense. the judge set his bond to 2500 and my friends uncle had the money in hand why cant they bail him out if my friends attorney said that his uncle could?? My friend has been in jail for almost 3 months now.

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2 Lawyer Answers
Carlos H. Davalos
Carlos H. Davalos
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: If the bond was set at 2500, then you will only need 10% of that, or 250, to bond him out. The State's Attorney cannot prevent you from posting that amount. You need to contact the holding facility where the uncle is at and ask them about their procedure for bonding out an inmate. The only way a person in pre-trial custody cannot be bonded out is if the bond was set at "no-bond." You will need to hire a lawyer in that situation.

David L. Freidberg
David L. Freidberg
PREMIUM
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: The only other issue could be that IF this is a drug case, the State's Attorney could have asked for a Source of Bail Bond. That means that even if a bond has been set, he cannot be released until the posting party proves where the funds are coming from to post that bond. This is done to ensure that the funds are not from ill-gotten gains (proceeds from the sale of drugs for instance). Otherwise, he should be able to just post the 10% unless it's a cash bond or C-Bond, which means he would have to post the full $2500.00

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