Updates from July, 2011 Toggle Comment Threads | Keyboard Shortcuts

  • Linda Shelton 11:20 pm on July 19, 2011 Permalink | Reply
    Tags: , , discharge, processing out, release policy, release procedure, release process,   

    Bond and Release process or release procedure from Cook County Jail 


    UPDATE: 3-11-15 Apparently there is a new procedure where you can designate a person other than the defendant to receive the bond refund. I don’t know if it is on the bond form or not or if there is some other paperwork you have to request when paying the bond.

    After the detainee is scheduled for release by the court he must go through a discharge procedure. He/she will not be able to tell you a time to pick him/her up and the jail won’t be able to tell you a time either.

    Make sure to also read the official Cook County Jail web site’s bonding page: http://www.cookcountysheriff.org/doc/doc_Bonding.html

    If he/she is in court in the morning, then they will be returned to their unit in the jail by about noon to 3 pm. If they are being released then they will be given their clothing and told  to dress and put their bedding into the linen bags.

    They will be escorted to the discharge area where they will have to wait anywhere from 1 to 8 hrs for release. They will have paperwork filled out and they will be identified multiple times to make sure they are releasing the right person. If on bond they have to sign and receive bond papers.  If they are  on any medications, then this will prolong the process as the doctor has to write the orders, the pharmacy has to fill them, and the detainee must be escorted to the pharmacy to pick them up.

    If they are to be electronically monitored, then more time is needed to  be processed for this.

    The process begins around 8 am if the detainee has finished a sentence and is scheduled for release on a specific day.

    Nothing is done during shift changes and for an hour before and after. That is between 6 am and 8 am and 2 pm and 4 pm. Shift changes are at 7 am, 3 pm and 11 pm.

    A person can be released any time of the day or night and on weekends and holidays also, if bond is paid or there is a court order.

    When processing is complete they will be released out of Division 5 – the big white gate a 1/2 block south of 26th street on California avenue.  There is NO PLACE to wait for the detainee, even if they are ill, disabled in a wheelchair or it is storming or snowing. People picking them up have to wait on the sidewalk or in their cars.

    The inmate will not be able to call you because their cell phone battery will be dead by the time they are released. They receive their money as a check and therefore they have no change to make a  phone call.

    They are only given a bus pass, along with any property the jail staff have not conveniently “misplaced”, along with a check for their money that was placed in the commissary if released before 5 pm. If released at night or evening, then they have to come back to the jail during business hours to pick up their check.

    Bond money will be mailed as a check to their last known address six to eight weeks after their trial is over with or the charges are dismissed. The clerk keeps 10 % of the bond as a processing fee, no matter how large the bond. ($10 for a $100 bond;  $1000 for a $10,000 bond)

    You will not be able to call the jail and find out when they will be released. They will not answer that question.

    So if they were scheduled for release that day – expect the detainee to emerge between around 9 am and noon.

    If they are being released after a court hearing, expect them to be released around 4 to 8 pm, rarely between noon and 2 pm.

    If they are released after bail is posted expect to have to wait from 2-6 hrs before they emerge (not counting shift change time [7 am, 3 pm, 11 pm] and the hour before and after shift change).

     
    • Mary 9:54 pm on November 20, 2012 Permalink | Reply

      Does cook county still hold illegal immigrants that are detained for ICE?

      • Linda Shelton 10:33 pm on November 20, 2012 Permalink | Reply

        I don’t know if they have a contract, but I do know that some illegal immigrants who are in jail pretrial because they can’t pay a bond have a “hold” on them by the immigration service as an illegal immigrant or an illegal immigrant with a criminal history so when and if they are found innocent or released, they will be taken into custody for ICE and will be deported.

        • Viviana 11:58 am on February 15, 2013 Permalink

          In September 2011, the County passed a new law that prohibits the Sheriff from holding people pursuant to adminstrative requests by ICE because these requests are not based on probable cause and often result in unlawful detention – so if they are eligible for release they will be released. They will NOT be released if a judge believes they pose a flight risk or public safety threat, and they will NOT be released if there is a outstanding criminal warrant for their arrest. See, http://www.jesusgarciaforcookcounty.com/p/in-news.html

    • Maggie 7:33 pm on December 6, 2012 Permalink | Reply

      You seem very knowledgeable and I am very lost right now, my boyfriend got sentenced to 365 days ( for a misdemeanor driving on revoked!!!!!!!) we were not expecting this at all, is there a place where I can look up his release date?

      • Linda Shelton 12:34 am on December 16, 2012 Permalink | Reply

        You can look it up at the Illinois Department of Correction web site when you search under “inmate search”. His release date is calculated by taking the sentencing date, going back on the calender the number of days he got credit for serving at cook county jail and then adding 180 days (1/2 year as he gets automatic day for day good time credit, which can be revoked if he acts up in prison).

      • Linda Shelton 11:52 am on December 30, 2012 Permalink | Reply

        Take his sentencing date and add 182 days (he automatically gets day for day good time credits so he will do six monts), then subtract the number of days credit he was given by the judge for the days he was in jail after being arrested. This will get you his out date.

    • Toni Anthony 9:24 pm on January 21, 2013 Permalink | Reply

      Will the Wait After Paying a D Bond Be Possilbly Over Night?

      • Linda Shelton 7:01 pm on January 22, 2013 Permalink | Reply

        No – he should be released before then. If you paid it at 5-9 pm however, he may not get out until 1 am.

    • Reemonda 8:49 pm on February 25, 2014 Permalink | Reply

      What does no bond means?

      • Linda Shelton 2:21 pm on April 8, 2014 Permalink | Reply

        No bond meands you stay in jail until trial or until the judge changes the order at a future hearing. You can’t get out by paying a bond.

    • Jasmine 4:05 pm on March 10, 2014 Permalink | Reply

      Also the fact that I have a friend that also was in jail and bailed out by his friend he said the check went to him and not the person who bonded him out is the true? My x husband owes child support can I go after the bond money ??

      • Linda Shelton 2:18 pm on April 8, 2014 Permalink | Reply

        The money is mailed to the inmate at his last known address. Of course you can go after the bond money. You would need a court order and help from an attorney to put a lien on it.

        • Sue 3:20 pm on October 27, 2014 Permalink

          [I don’t know if this info is true or not. It used to be that bond was only returned to the last known addresss of defendant and to defendant. Maybe they have a form now? LS You might want to call to check it out: Office of the Executive Director or Administrative Office – they should be able to connect you anywhere (i.e. Warden, they can connect you to the bonding office) (773) 674-2859]

          When bond is paid you are asked if you want the money to go to the person been bailed out or to you, if you decide that you then you need to complete a form with your information and mailing address

        • glenn 10:12 pm on March 10, 2015 Permalink

          I paid the bond for a friend at merrionette park p.d. I filled out the forms with the officer at their police station collected my friend and when he was sentenced and had been incarcerated about 4 weeks my bond money was mailed directly to me. Naturally minus the 10% the county keeps. No problem.

    • Fahima McGee 12:29 pm on April 4, 2014 Permalink | Reply

      My husband was sentenced on March 12, caught on outstanding warrant. Left to DOC that Thursday. Signed off on bond slip 3/12. Why haven’t I received my bond back it’s been 21 days.

      • Linda Shelton 2:11 pm on April 8, 2014 Permalink | Reply

        It can take up to 8 weeks to receive bond back minus 10 %. The check is sent to the inmate at his last known address registered with the jail when he was picked up.

        • glenn 10:14 pm on March 10, 2015 Permalink

          Why to the inmate? Because he paid his own?

    • larry 1:44 pm on April 17, 2014 Permalink | Reply

      What determines the type of bond issued? Specificly, why would someone be given a c-bond rather than a d-bond? Thank you

      • Linda Shelton 2:26 pm on April 17, 2014 Permalink | Reply

        If a judge is really nasty or a person very rich and they want to kep them in jail and then steal their money as Illinois has an unconstitutional statute that the court keeps 10% of all bond money returned, even if the person is innocent! We need a class action about this taking of property (money) through fraud without due process of law. The court clerk is essentially charging different fees from defendants for the same service, tying the fee to the amount of bail. This is unconstitutional and amounts to felony fraud.

    • jeny 9:27 pm on June 8, 2014 Permalink | Reply

      I have a question my lawyer told me to call to cook county jail to find out when my boyfriend is geting out of jail. From what I know there is no number that would tell you when someone is geting released. Can you help me please because I dont know what to do or call.

      • Linda Shelton 10:20 am on June 9, 2014 Permalink | Reply

        There is no number is right. It is hard to get any information out of the jail. They follow the “mittimus” which is a paper from the court telling them what to do with the prisoner. You can read the mittimus from each court date at the Court Clerk’s Office in the courthouse where his case is heard. Or ask your boyfriend when he calls you or write to him. You can go to his court hearings or trial and LISTEN. You can go to the criminal clerk and look at his file and the court docket. The docket will have his court dates, his bail amount, the written mittimus for each court date, the results of a plea bargain or trial with the sentence. Once you know the sentence, then you can figure out the out date.

    • Amy 7:47 pm on July 12, 2014 Permalink | Reply

      There has got to be someone on here that has the phone number to Central Bond Window. I used to and cannot find it. It is impossible to find a live person since it’s the weekend. Anyone??? Please? My SO is now on bond as of yesterday but he is not sure how much and only has a limited number of calls to contact us about it. Any numbers I can find online are automated or for business hours which are both useless right now. Thanks in advance.

      • Linda Shelton 9:30 pm on July 13, 2014 Permalink | Reply

        Try the trust office which is right next to the bond desk. Trust / Personal Property: (773) 674-6864 IO’ll keep looking. If you find it please tell me and I will post it.

      • Amy 2:13 pm on July 15, 2014 Permalink | Reply

        Thanks Linda, they transferred me and I got the information but the CO wouldn’t give me a direct line. Just told me to contact the appropriate court room. I will dig around and let you know if I find it because it is useful. But he’s out!

    • Sharon 6:00 pm on August 8, 2014 Permalink | Reply

      Linda, Did you ever find a phone # for the bond desk? I put up bond over a year ago and trial is now over, my brother is serving his 3 month sentence in County. However, I lost my bond slip just recently and can’t call to check on bond 1) Because I no longer have the phone # that was on the bond slip and 2) I don’t have the bond #! Any help would be appreciated

      • Sharon 6:10 pm on August 8, 2014 Permalink | Reply

        To be more clear on what I’m trying to “check on” with them, my brothers case lasted a year, with many continuances. I’m afraid that my bond money may be held for court costs. Also, after the sentencing hearing, his lawyer made a comment that he was very disappointed the judge did not release the bond right to the lawyer, as he was apparently expecting. Why, I don’t know, when he was paid more than adequately and on time for each appearance, but that’s another story…. I’m just very leery about what may or may not happen or possibly have happened to my posted bond. Sorry for the lengthy questions!

        • Linda Shelton 11:25 pm on August 8, 2014 Permalink

          Please note that when you paid the bond, it no longer is your money. You paid it for the detainee so 90 % if returned to the detainee 4-8 weeks after he is sentenced or found not guilty. You cannot ask for it from the bond clerk. By paying the bond you are turning the money technically over to the detainee. The detainee may have made an oral agreement with you to borrow the money and you will have to collect it from him and not from the bond clerk. The clerk keeps 10% as a bond collection fee.

        • Linda Shelton 11:30 pm on August 8, 2014 Permalink

          The jail bond clerk just collects the money and turns it over to the court clerk who handles bonds. You can go to the criminal court clerk and ask to speak to the bonding clerk. You don’t need a bond slip. The clerk has records of of receiving the bond, paying fees or court costs or attorney fees if ordered by the clerk and of return of 90 % of the bond TO THE DEFENDANT NOT TO WHO PAID IT. I think, since it is public record, the bond clerk may tell you the status of the bond, but they CANNOT return it to you. IF IT IS RELEASED BY THE JUDGE it is returned to the defendant at the last known address by check

      • Linda Shelton 11:22 pm on August 8, 2014 Permalink | Reply

        The bond desk will send 90% of the bond to the last known address of the detainee when trial is over IF THE JUDGE RELEASES THE BOND AND DOES NOT ORDER IT USED FOR FEES, COURT COSTS OR ATTORNEY FEES. It will be sent 4-8 weeks after the sentencing or finding of not guilty to the last know address of the detainee/defendant NOT TO WHO PAID THE BOND. The person who paid the bond will have to get the money from the detainee when he cashes the check he receives in the mail at his last known address. If he is servicing a sentence, then he will have to wait until he gets home to cash his check or whoever he designated as his power of attorney can cash the check.

        • Sharon 10:32 am on August 9, 2014 Permalink

          That would be fine if it was to be returned to him, I get it – no need to repeat yourself or repeatedly use caps. However, I specifically recall at the bond desk the day I paid that money (June 2103), they asked if it is to be returned to me or him and I told them me. I even spoke to them in June 2014 (back when I did have the bond slip) about this money because I had moved, and they had ME fill out a change of address form for when it was released. And no, he does not live with me. So while I appreciate your knowledge on the subject and the dedication it takes to help all of us out, I guess the answer to my question is no, you do not have the phone number for the bond desk. Thank you for your time and I will gladly update this thread as to the outcome of this situation.

    • Amy 6:14 pm on August 9, 2014 Permalink | Reply

      Sharon, I found this number on an old bond receipt: Bond Information Hotline 312-603-4737. But I personally had success calling the Property number Linda shared above and asked for the bond window. Also, my experience from two instances in 2013 was that I received the remaining amount of bail by check sent to my address, as I listed it on the bond receipt. This may not apply to your situation as they were cases that were eventually thrown out but thought I’d share.

    • Linda Shelton 11:42 am on August 11, 2014 Permalink | Reply

      Sharon – I appreciate your comments, but as far as I know and can confirm, the money is released ONLY to the detainee/defendant and NOT to the person who paid the bond. Also the Sheriff Bond Clerk Desk and the Clerk of the COurt (who the Sheriff sends the money to) are two different entities and the Sheriff B ond Clerk has no authority or control as to who the Court Clerk refunds the money to. Please post here if you get the check to your name and not defendant’s name at your address.

      • Sharon 1:53 pm on September 25, 2014 Permalink | Reply

        As a follow up, I received a call from the Daley Center saying they had received my change of address form, but the money was being released to the victim instead of me, at the judge’s orders. I asked if there was no specific ruling from the judge, would I be receiving the money or my brother – she said “you would have, that’s what you chose”.

    • Brandi 10:11 am on September 25, 2014 Permalink | Reply

      I have to go down there to pick up my husband, but have no idea what time. His lawyer seems to think that he will be allowed to make a phone call while he is getting processed. I don’t want to take the day off of work if I don’t have too. Please help!

      • Linda Shelton 1:50 pm on September 25, 2014 Permalink | Reply

        You may not call him and he may not call you. If he is released because it is his scheduled day for release, then he will be released somewhere between 9 am and and 3 pm. If he was in court in the morning, then he will be released after 5 pm but likely before 2 am. There is no way to pin it down to a specific time. I guess you will have to take the day off of work. They make no effort to assist with communication so pick up can be coordinated. The person released can’t even make a phone call as they don’t have any money, unless they have a way to make a collect call or use a phone card.

        • Amy 2:45 pm on September 25, 2014 Permalink

          Brandi, I feel your pain. I assume you already bonded him out? It can take 2 to 6+ hours for him to be released. Linda’s timeframe is right. No calls. Just waiting and waiting. Maybe he’ll borrow a phone when he gets out of the gate to call you. He also gets a 1-ride bus pass. More than likely you’ll need to take off work and wait and watch the gate. Bring a book, a magazine, a snack, etc. Good luck and hope it’s your last time.

    • ivan 5:13 pm on October 26, 2014 Permalink | Reply

      don’t you think that the amounts of money demanded for the bonds could be much, much more than a young person cannot afford? isn’t that unfair? doesn’t that create an unequal situation in the line of the Human Rights and makes the one for whom the bond should be paid vulnerable financially, as well?

      • Linda Shelton 9:43 pm on October 26, 2014 Permalink | Reply

        I believe the bond system in Illinois is unconstitutional and promotes excessive unconstitutional bail amounts that people can’t afford. Please read my blog about it here: http://cookcountyjudges.wordpress.com

    • David 12:01 pm on November 18, 2014 Permalink | Reply

      I have a question. My brother is currently being held in Cook County for a warrant that was issued by Illinois Lake County, the warrants office refuses to give me the date in which my brother will be picked up from Cook County. No local charges have been made so he is basically being held for Lake County. If Lake County does not respond within say 30 days, does my brother get released from Cook County custody? What can we do to expedite his transfer?

      • Linda Shelton 9:11 am on November 19, 2014 Permalink | Reply

        If Lake Co does not pick him up in 30 days and he has nothing pending in Cook Co, then he will be released. There is nothing you can do to speed up process. It is all up to Lake Co. and their scheduling and availability of officers to pick him up. They never give the date of pick up as they don’t want any possibility of being ambused on the highway.

        • David 1:57 pm on November 20, 2014 Permalink

          Thank you very much I really appreciate the speedy response.

    • Jennifer 9:26 am on November 26, 2014 Permalink | Reply

      So i got caught stealing $85 worth of clothes from jcpenny. They did not allow me to use my phone and took it away, but i had time to txt my sister and boyfriend. Next thing you know they both show up and my boyfriend made a huge deal and the loss prevention security girl said, just for that im going to charge you with that! I asked why me? She said because i told you not to use your phone! Police were called and took me to jail they told me i would be transfered to the county jail, but then my sis and bf showed up and they released me to them, i was only in jail for maybe an hour or two. It is my very first time being in jail. I am 25 years old. One officer told my sis they would release me but i would have to turn myself in, another officer told me to wait for the mail. What is going to happen? Am i going to be going to court ? I do live in el paso,tx and i was never read my rights during my arrest.

      • Linda Shelton 11:22 am on November 26, 2014 Permalink | Reply

        This sounds like a misdemeanor charge = sentence would be less than 1 yr in jail. They only have to read you your rights for felony charges (sentence may be 1 yr or greater). Sounds like you will be going to court. Likely you will get a summons in the mail with a court date to go to court. I suggest you hire an attorney. In Illinois you would not have been released without a paper stating the court date. It may be different in your state. Are you sure they didnt give your sister a paper with a court date?

    • Jessica gomez 8:20 am on December 17, 2014 Permalink | Reply

      My brother was arrested in Chicago on Nov 17,2014 he had. As warrant for his arrest in Texas the judge gave him the option to wait for 30 days for Texas to come pick him up he signed the paper today the 30 days are up they didn’t come for him is he going to be release or does he has to go see the judge again?

      • Linda Shelton 10:36 am on December 17, 2014 Permalink | Reply

        He doesn’t need to see a judge. If Texas didn’t come and get him, then the Sheriff has NO authority to hold him any longer, according to the previous order, so they must release him at the end of the 30th day.

    • Jessica gomez 11:21 am on December 17, 2014 Permalink | Reply

      Thank you for responding . Hopefully he gets home today have a good day

    • Jessica W 8:34 am on March 27, 2015 Permalink | Reply

      My fiancé was supposed to be released last night after he went to court earlier in the morning. I waited until 3am and left. This morning, I called to find out if he’s even alive and ok, the automated message said there was no inmate by that record. Does this mean he’s in the discharge process? He would make every effort to contact me if he was able to, which leads me to believe he’s still there 24 hours after release from the judge. Any suggestions? He’s not exactly the tough guy so I’m very worried something may have happened.

      • Linda Shelton 1:42 pm on March 27, 2015 Permalink | Reply

        He should have been released – did you contact his family or other friends. Could he have had trouble obtaining transportation and not noticed you were waigint? Could he be scheduled for release today and not yesterday and simply be in process but already out of the computer? I would wait another 24 hrs and then file a missing persons report.

    • Letty s 11:38 am on May 18, 2015 Permalink | Reply

      Linda you are very knowledgeable and am hoping you know the answer to this. I’m currently on electric motoring and have the 10% to bond off. With permission from the sheriff’s can I go and bond out and if so would I be free that day or until they come and take the bracelet off.

      • Linda Shelton 2:21 pm on May 18, 2015 Permalink | Reply

        First you are never free to take the bracelet off. The Sheriff must do that. Second I don’t know what you are asking. Have you not paid the 10% bond. Are you on pretrial electronic monitoring confined to home without paying the bond?

    • Cindy 8:20 am on May 19, 2015 Permalink | Reply

      What if a person is on electronic monitor 100% home confinement and then at a later court date the Judge allows the person to go on a D-Bond. Do you know how that process works? Does the person go to jail to get processed on the D-Bond now? or does the bond need to be paid first and then the Sheriff comes and removes the bracelet? Also, no matter what the outcome of the case is, does the bond money get returned 90%?

      • Linda Shelton 12:56 pm on May 19, 2015 Permalink | Reply

        If the person faithfully keeps his court dates and does not violate any bond conditions, then 90% of bond will be returned at the end of the case. If a D-Bond is granted without conditions of having an electronic monitor or curfew or some other limitation related to wearing an electronic monitor, then the person makes arrangements with the Sheriff to go to the jail, pay the bond, and have the bracelet removed. However, this is ONLY if the court has not placed any “conditions” requiring electronic monitoring while out on bond.

  • Linda Shelton 4:11 pm on February 1, 2011 Permalink | Reply
    Tags: C-Bonds, Cook County Clerk, , criminal bonds, D-Bonds, I-Bonds, Illinois bail, Illinois criminal bonds   

    Bail and Bond at Cook County Jail 


    UPDATE: A kind reader has informed me that the bond slip is now changed so that you can write in the person who will receive 90% of the bond money, instead of the bond money being sent to the defendant’s last known address, if the defendant shows up to court through the end of the trial if guilty or innocent and if guilty also must wait until after sentencing. 10 % of the bond money always is kept by the court clerk as a “fee”, although this is unconstitutional. There is also a bond clerk at room 1005 at the Daley Center where you can get the bond refund by check immediately after the trial and sentencing are finished. [See: https://cookcountyjudges.wordpress.com/2014/07/31/shelton-challenges-retention-of-10-all-bonds-by-clerk-as-unconstitutional/%5D

    How do I pay the bond for a family member or friend?
    When do I get the bond money back?
    What do I have to do to get the bond money back?
    Can I pick up the bond money when the case is over?

    Read the following and also read the official Cook County Jail web site about bonding: http://www.cookcountysheriff.org/doc/doc_Bonding.html

    You can pay the bond with cash, bank or cashier’s check (no personal checks) or a credit card at the courthouse clerk’s office if the detainee has not been moved to the jail. At the jail you enter at the big white gate S of 26th and California and will be directed to Division 5. You may pay with cash or credit card or with certified check or bank check, NO personal checks, NO money orders. The credit card must be used at the jail – you cannot call in and pay. This is so they can arrest you if you use a phony card. You will need identification and will be directed to a phone on the premises to call in to pay with the credit card. If you pay by cashier’s check, you  must do so during normal bank hours as they must call the bank and verify the check.

    They are open to accept bonds from 9:00 am to 8:30 pm every day including weekends and holidays. Remember that you have to come during normal bank hours if you pay by cashier’s check.

    If the person is coming from court and has not yet been processed into the jail it will take extra time to process them in (several hrs) and then to process them out again after you pay the bond – which you cannot pay until they are  processed into the jail.

    There are NO bail bondsmen allowed in Illinois. This is a law. Bonds in Illinois are three types:

    Most are “D-bonds” which means you must pay 10% of the bail amount set by the judge to get out of jail and be “out on bond”. So if the bail is $10,000, you must pay $1,000 and when the case is over the defendant who was found not guilty, who had their case dismissed (SOL, dismissed, vacated) or if convicted, convict, will get a check mailed to their last known address. The check is NOT made out to the person that paid it. The check will be for 90 % of the bond (in this case $900) and the clerk will keep 10% (in this case $100).

    “I-Bonds” are “Personal recognizance bonds” which mean you pay nothing, but the Sheriff can collect the full bail if you don’t come to court after they arrest you for not showing up and the judge orders that you forfeit the bail.

    A “C-Bond” means you must pay the full amount of bail to get out of jail pre-trial.

    Yes this is unfair for the clerk to keep part of the bond and should be considered fraud by the clerk. However this is law, but I believe if it was challenged in an individual suit or class action suit, the person would win because this denies equal protection under the law, which is a constitutional right. This is because the clerk does the exact same task if she receives a check for a bond for $100 (for a $1,000 bail) as if she received a bond check for $1 million (for a $10 million bail). The fee should be small and the same for all bond amounts.

    To charge a different amount or fee to process and hold the bond money when the clerk does the same amount of work is fraud and unfair. It doesn’t take more work to process a bigger check! This means if you are found innocent or your case is dismissed or dropped, and you did not stay in jail but managed to pay the bail, you still pay 10% of the bond amount. For a murder suspect found not guilty who had a $1 million bail and paid a $100,000 bond to get out of jail, the Court Clerk keeps $10,000. That’s not fair! For a person who paid $100 to get out of jail on a $1,000 bail, the Court Clerk keeps only $10. I don’t even think this is fair to make an innocent person pay a fee for being wrongfully arrested.

    You only have to come to court until the end of the case to get the bond money returned to you. The bond is automatically returned by check to the last known address of the detainee or convict. NO CASH.

     
    • Linda Shelton 4:39 pm on July 16, 2012 Permalink | Reply

      You can do absolutely NOTHING. Unfortunately, they don’t tell you until you sign the paper that the bond money may be used to pay a private attorney (“bar attorney”) that they tell people they can hire, who are usually in the courtroom to drum up business. The county of course does not want you to use a public defender because they don’t have enough and they have too big a case load, so they urge people to hire the “bar attorneys” who sit like vultures in the courtroom. The “bar attorneys” tell the prisoners that they will accept the bond as payment, but they usually say this so fast and the prisoner is usually so stressed that they don’t grasp this fact. If your family member would have said that he cannot pay a bar member, then he would have been assigned a public defender and this would not have been a problem. Unfortunately he signed at the bottom line and hired a private attorney and now must pay him and the court as the legal right to use the bond money for this purpose. The only thing you can do is to ask your family member who was in jail to pay you back. I suspect he doesnt have the money. The bottom line is now you must lose the stuff you pawned off unless you can buy it back and if you cannot pay the car loans you will lose your car.

      • Linda Shelton 4:41 pm on July 16, 2012 Permalink | Reply

        The only option is to negotiate with the “bar attorney” to let you pay him with a “payment plan” instead of using the bond. Of course 10% of the bond is never refunded as this goes as a fee to the Court. Most “bar attorneys” live from hand to mouth and work like this because they are nearly bankrupt and generally will not accept this deal. Would you accept a payment plan when you can simply ask the judge to confiscate the bond money and give it to you?

    • Peggy 3:02 pm on November 4, 2012 Permalink | Reply

      Thank you for sharing your thoughts. I truly
      appreciate your efforts and I am waiting for your further write ups thanks once again.

      Peggy

    • Mary 10:57 pm on November 20, 2012 Permalink | Reply

      I got here at 5 pm and its now 11 pm my husband has not emerged. I checked his status online and it says bond in process. Does it really normally take this long?

    • Linda Shelton 11:04 pm on November 20, 2012 Permalink | Reply

      Yes – If he was in court today, first they have to process him into the jail which can take as much as 24 hrs. Then they have to process him out which will take at least 3 hrs.

      • Mary 11:08 pm on November 20, 2012 Permalink | Reply

        He was in court last Friday and he got taken into custody… He was back in front of the same judge this morning and released him with an I bond. That was at 10 in the morning. I’m not really sure what’s going on. What time is the latest they can release a detainee?

        • Linda Shelton 11:12 pm on November 20, 2012 Permalink

          There is no latest. They do not release people for an hour before or after shift changes at 7 am 3 pm and 11 pm. They release people at ther times 24/7. If he was at court at 26th and California he should have been released already. If he was brought from a suburban or other city court, the bus didn’t arrive until at least 4-6 pm. He will probably emerge between midnight and 3 am.

        • Mary 11:16 pm on November 20, 2012 Permalink

          He was at Skokie court house this morning.. Wow I guess I didn’t realize how long this could take… Thanks
          For the info!

    • Linda Shelton 11:57 pm on November 20, 2012 Permalink | Reply

      So he was already processed in another day. To release him they do another warrant check that can take 1-4 hours. You have to wait for several things including them to process the paperwork they get from the court which takes 1-3 hrs depending on how many other detainees they are processing in and out. You have to wait to be escorted back to your unit under guard. They have to take you to your unit, give you dinner, get your clothes, let you get dressed, wait for an escort to processing, transport you between units under guard, then you wait in a line to be fingerprinted and sign forms, then wait to be escorted out, then wait in a line to get your property. You then also may have a two hour wait due to the shift change.

    • maria watts 12:35 pm on November 26, 2012 Permalink | Reply

      my son has a defense atty who has not really had contact with him. he was arrested for driving on a suspended license. his bond is 10,000. we really don’t have 1000 and would like a reduction in bond; how can we go about it? His next court date is 12/12

      • Linda Shelton 3:36 pm on November 26, 2012 Permalink | Reply

        As he has an attorney, all requests to the court for reduction of bond must come through the attorney. There supposedly is a new system where pretrial probation officers can investigate why a person cannot pay a bond and present this to the court. First you should contact his defense attorney and then if you can’t get through to him you might try pretrial services in the probation department and ask if there is a pretrial services officer who knows about the program to help people reduce bail. Their phone number is: 773 869-3280

    • Helpme 6:14 pm on December 14, 2012 Permalink | Reply

      How do a person go about getting electronic monitoring for a family member who’s in jail with a d bond of 50,000 and family can’t afford 5,000 for release. How to get love one pretrail within 24 hrs after we can’t come up with money?

      • Linda Shelton 12:50 am on December 16, 2012 Permalink | Reply

        The family member would have to talk to their unit social worker and see if they are eligible for electronic monitoring. It depends on their crime and other factors.

      • Linda Shelton 6:16 pm on December 18, 2012 Permalink | Reply

        You should talk to his attorney or better he should talk to his attorney to file a motion for reduction of bail to something he can afford. Cook County sets extremely excessive bails to maximize the jail population and the 10% that the clerk keeps from any bond paid (10% of bail) so it is a racket by the county to rip off detainees who are able to make bail. Note it takes the same amount of work for the clerk to process a $100 bond check as it does to process a $25,000 bond check yet she keeps $10 of the $100 bond and $2500 of the $25,000 bond even if the person is found not guitly. This is fraud upon the public and the state law that allows this should be challenged in a class action suit and declared unconstitutional.

      • Helpme 2:27 pm on January 11, 2013 Permalink | Reply

        Hello Linda thanks for the reply it was very helpful. Now I have another question my love one court day was today. At 51 and wenthworth. They indicted his case over to 26. This court was a contiued from the first one held bk in December. His bond as explained b4 is 50,000 5,000 to walk they didnt talk about a bail reduction at hearing just the crossing the case over to 26 n next court date We can’t afford the bond n I need to know how to go about getting Em if possible. The crime is burglary but the state have no evidence to charge with burglary so new case number was provided n I think the charge is possession of stolen merchandise. Normally they come on deck where the inmate is housed for Em… Is there something he can do while waiting on next court date to obtain Em

        • Linda Shelton 5:52 pm on January 11, 2013 Permalink

          He needs to talk with his defense attorney who can discuss the possibility of electronic monitoring with the sheriff staff that deals with that issue. The people in the probation department may have an answer as they help arrange things such as monitoring. Try calling the administrative office and asking them: (773) 674-2859

    • DG 4:05 pm on January 1, 2013 Permalink | Reply

      Hello I have a question. If my husbands bail on the cook county website says 25, 000 does that mean I have to pay 2, 500?? Do I need to contact a bailbonds man or judy show up with the money at the scheduled hours.

      • Linda Shelton 5:35 pm on January 1, 2013 Permalink | Reply

        Bail bondsmen are illegal in Illinois. You can pay his bond by cash, cashier’s check, during normal bank business hours as they have to call the bank and verify it, or by credit card (only at the jail). If the web site says $25,000 bail then that means you have to pay $2,500 bond or 10 % of the bail.

    • emceemc 5:58 pm on January 21, 2013 Permalink | Reply

      As to the 10% deduction for D bonds, there is one curiosity. The judge does not have to grant this to the clerk. I’m an attorney and had a client die of long term illness while on bond. His girlfriend had posted $5,000.00 on the D bond. I had her come to court on the following date and made a short argument for a full return. The judge was decent enough to give it to us without a hassle. The exception to the rule, for sure, but it can happen.

      • Linda Shelton 6:53 pm on January 21, 2013 Permalink | Reply

        Actually, since this is a state statute, the judge illegally returned the whole amount. A judge cannot rewrite a statute. This law though needs a class action suit to challoenge it. The feds consider it fraud for a service provider to a doctor to charge by percent instead of by piece (charbging 5% of the doctor’s income to bill for him for example). They say it is fraud upon the government to tie your service to the doctor’s service. How is this different from tying the clerk’s fee to process one check for the bond amount. Does it take so much more work to process a check for $100,000 on a $1 million bail so that the clerk can keep $10,000 than it does to process a $100 check on a $1,000 bail where the clerk keeps $10?? The clerk’s fee should be a constant amount and anyone who is innocent should not be required to pay it.

        • emceemc 4:04 pm on January 22, 2013 Permalink

          I guess the language we relied on was this: 725 ILCS 5/110-7(f) … clerk shall return to the accused … unless the court orders otherwise, 90% of the sum.

          I suppose this could be read, and could have been intended, only to allow greater reductions in the refund amount, as opposed to a reduction in the clerk’s retention. It was years ago that I made this motion, and remember no details, except my client was not a bad guy and both the judge and state showed some sympathy to the girlfriend’s situation.

    • Linda Shelton 7:13 pm on January 22, 2013 Permalink | Reply

      Thanks for clarifying the law to us on this site. I wasn’t aware of the last part of the sentence “unless the court orders otherwise.” That is nice to know in cases of extreme hardship and poverty especiually if a person is innocent.

    • Brian McLaughlin 8:36 am on February 13, 2013 Permalink | Reply

      Hi Linda. My nephew was arrested for possession of an unregistered firearm in his vehicle. Bail was set at $25000, which seems awfully high to me. He has no priors and was pulled over due to a broken breaklight. There was something said about it being considered assault, because it was a loaded gun in the car. Can you give me any insight into this. Does that bail seem high and could he be charged with assault? Thanks for any of your thoughts.

      • Linda Shelton 6:11 pm on February 13, 2013 Permalink | Reply

        Bail in Cook County is extremely excessive because the county uses it as a scheme to get more money. Bail bondsmen are outlawed in Illinois and the county keeps 10% of the posted bond which is 10% of the bail – so your nephew’s bond to get out is $2500 and even if found innocent they will keep $250. I have been charged with felony battery of an officer for during a flashback (I suffer from PTSD after being beaten up repeatedly by officers – including grabbing my pony tail and banging my head on a wasll, as well as holding me down and kicking me with their boots) allegedly slapping an officer and pulling her hair. My bail is $150,000. Some murderers, rapist, etc. even have lower bail! I am on SSI because I am physically disabled too so I don’t have much money and rely on others to bond me out. I dom’t remember anything as is usual for a flashback (a daytime dream where one is reliving a life threatening or very traumatic experience in an alterred state of consciousness- others say I flail my arms with a very frightened look saying “don’t hit me”).

        This is technically a class A misdemeanor punishable by up to 364 days in jail and $2500 fine. This bail is high for a class A misdemeanor, but they are being tough on gun crimes right now due to the publicity about the murder of 15 yo Ms. Hadiya.

        It does not meet the definition of assault unless he picked it up and pointed it at the officer or did or said some act that threatehed someone. If he is convicted and does it again, then it will be a class 3 felony punishable by a sentence of 2-5 years in prison.

        He simply is foolish and it is dangerous to have a loaded gun in a car. There is no excuse for this one. I must admit bias against those charged with a gun crime. I am a non-violent pacifist and retired physician (pediatrics) and pathologist. I have taken bullets out of kids and I feel that gun crimes including possessing an UNREGISTERED gun is a serious matter. If it was loaded, then there is an implication that he was ready to use it in a drive by shooting.

    • Jasmine 3:56 pm on March 10, 2014 Permalink | Reply

      Who does bond money go too? Even if some one else paid to bail him out ? Does the check go to the inmate after someone else bailed him out? The reason why ask is that my ex-husband owes child-support and they dismissed the case and there is 87 Thousand in bond money ?

      • Linda Shelton 2:17 pm on April 8, 2014 Permalink | Reply

        The check is mailed to the inmates last known address when arrested and not to the person who paid the bond. It takes up to 8 weeks to receive the check.

        • philli 8:53 am on May 3, 2014 Permalink

          My sister was arrested in walmart in oxford Alabama. The items were total were $35. What will happen to her.

        • Lofa 10:37 pm on December 11, 2014 Permalink

          I just wanted to let you know that I bailed out my fiance out, the trial ended and I recieved the refund check in my name. You also have the option to pick up the refund check at the Daley Center room 1005 instead of it having it mailed out. But you have request pick up prior to it being mailed out.

        • Linda Shelton 10:56 pm on December 11, 2014 Permalink

          Thanks for the info. How did you get the check in your name? Did you have to fill out a form or go talk to someone, or what happened?

        • Lofa 11:14 pm on December 11, 2014 Permalink

          No there is a section on the bond slip that the defendant signs, that states that the refund goes back to the name of the person who posted the bond. They do take the fines out and 10 %. If you read the bond slip, you will see if they signed it or not. And I spoke to someone at the Daley Center who told me I can request a pick up. So I requested a pick up and picked it up once I got a call to pick it up. I worked with both the Bond Refund Department at Cook County court house and the Accounting Department at the Daley Center where the check it actually issued at. You will need the Bond Number to get any information. But everyone at both the Bond Refund and Accounting Department was very helpful in answering any questions. It was a process but everything always has a process,

        • Linda Shelton 12:35 pm on December 12, 2014 Permalink

          Lofa – thanks for the info – THIS MEANS they changed the bond slip as it previously had no place to sign for the money to be returned to other than the defendant!

    • ashley 10:07 pm on March 21, 2014 Permalink | Reply

      i know someone who has never been in any trouble before, who got a class 2 felony burglary. he opened an unlocked car and took 2 dollars worth of change out of it. they had no proof it was him, but he did write a statement admitting it. they gave him an I-bond and sent him on house arrest. his mother kicked him out and he ran because he was scared to go back to jail. well that only placed him back in jail so now hes going to 2 courts for 2 cases … a class 2 felony burglary and a class 3 felony escape. he has no bond on the escape and has a public defender. I’m wondering what are the options… is probation a possibility since he has no priors. and if he gets time… will they really rack it on him hard even though it was only 2 dollars and there was no damage done.. and his mom kicked him out? is there anyway for me to help.. im in another state. im trying to do whatever i can

    • Nichole 8:55 pm on January 1, 2015 Permalink | Reply

      Linda, My boyfriend is at Cook County. His bail is set at 25,000. Is it my understanding that I would actually pay 2500 to get him out on Bond and would get all but 250 back 8 weeks after his court date?

      • Linda Shelton 12:22 am on January 2, 2015 Permalink | Reply

        Your understanding is incorrect. The refund only occurs after the disposition of the case (after trial if not guilty and after sentencing if found guilty). That may take months to years to go to trial or less time if he plea bargains and pleas guilty. Also you must fill out a form stating the money comes back to you or the money will be sent to your boyfriend.

        • NRM 11:35 pm on April 6, 2015 Permalink

          I have a similar question, however my boyfriend lives in Nacogdoches, TX. If he was picked up, put in jail, and bonded out all because he was misidentified by the police will he get the bond money back? I paid 250 of the 2,500, however he stated that he has never received bond money back after any of his cases. Also, this has not been the first time he was unlawfully arrested, what type of lawsuit or justice would he be able to pursue to address this issue?

        • Linda Shelton 11:55 am on April 7, 2015 Permalink

          I am not an attorney, so this is NOT legal advice. However, he could have an attorney sue the County Court, Clerk, and County for failing to return his bond money and for damages (their retention of 10% of the bond money and unlawful incarceration, failure to train their officers how to identify someone properly, etc.). You might try the law firm of Loevy v Loevy in IL, which is one of the top civil rights law firms. You could also first call the bond clerk in the criminal clerk, would be better to write them, and ask why his money has not been returned. Did they have the wrong address for example? Look up the circuit court of cook county clerk on line to get contact information and ask for the bond clerk.

    • Sheryl 7:41 am on April 9, 2015 Permalink | Reply

      Hello Linda,

      My sister was arrested and charged with a felony for alledly stealing from Jewel. She never left the store, and said she was going to the pharmacy to pick up a prescription and pay for the merchandise. Since she has a felony on her record from 7 yrs ago Jewel didn’t believe her and had her arrested. Her first court date was yesterday and she was 30 min late. Btw, it’s Will County. The judge put her in jail and set her bail at $50,000, which seems extremely excessive. She does not have $5,000, nor do any of her family and friends. My sister had cancer and was sick for awhile so she has not worked for several months. What are her options? And how can we help?

      • Linda Shelton 8:46 am on April 9, 2015 Permalink | Reply

        She needs an attorney. The public defenders are OK but don’t have the time to even talk to the prisoners before court for more than a few seconds. She needs an attorney to investigate quickly and file motion to reduce bail. That is what you should do – go find her an attorney. I have some suggestions on this web site, but there are many fine attorneys, but you have to pay them.

        • Sheryl 10:30 am on April 9, 2015 Permalink

          Thank you for quick response. Referrals are appreciated. I am not sure I can pay for one, but I will look I to it.

    • silvia 2:22 pm on April 27, 2015 Permalink | Reply

      I have a question I pay a bond for my sister son but his case never close did I have chance to get my money back this happen like 5 years a go let me know please

      • Linda Shelton 7:31 am on April 28, 2015 Permalink | Reply

        Silvia – What do you mean “case never closed”? If the defendant never went to court, then an arrest warrant was issued and the bond was forfeited. If the case is still pending, then you can’t get the bond money back minus 10% fee until there is a decision in the case.

        • Latoya Perry 12:04 am on May 15, 2015 Permalink

          What is the bond if it says 15,000???

        • Linda Shelton 2:07 pm on May 17, 2015 Permalink

          If it is a D-Bond and bail is $15,000 the detainee must pay $1500 to get out on bond. This is most common.
          If it is a C-Bond and bail is $15,000 the detainee must pay $15,000 to get out.
          If it is a personal recognizance bail, the detainee must pay $0 to get out.
          With any bond or bail, if the person doesn’t show up for court, the person forfeits the entire $15,000 bail amount and the Sheriff can be asked to collect it by confiscating property.

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