Bail Bond Violation

By Author: Michael Smith
Total Articles: 6
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Release on a bail bond requires a person to comply with conditions set by the Court. Under certain circumstances, the failure to comply with the conditions of bond may result in additional criminal charges. As examples, a person may face additional criminal charges for failing to surrender oneself within a certain period of time following a bond forfeiture, or for possessing a firearm, or for violating a condition of bond in a pending domestic violence case. Sometimes the violation of bail bond is a more serious offense than the underlying offense for which the person is released on bail. A person charged with violation of bail bond should immediately seek the advice of an experienced criminal defense attorney.

Chapter 725 ILCS 5/102-6 says that:

"Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond.

Chapter 725 ILCS 5/102-7 says that:

"Bail ...
... bond" means an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such conditions as are set forth therein.

When speaking of bonds, be aware that typically only 10% of the face value of the bond must be posted to secure the release of a defendant. For example, if the bond is for $1000.00, then only $100.00 needs to be posted to free the defendant. This is not always the case, but is generally correct. Make sure when speaking of a bond amount that you clearly determine exactly what cash amount needs to be posted.

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