DETENTION HEARINGS IN ILLINOIS: UNDERSTANDING THE NEW CASH BAIL SYSTEM AND YOUR RIGHTS

The Illinois criminal justice system has undergone a major transformation with the elimination of cash bail under the Pretrial Fairness Act, which took effect in 2023. Previously, a judge could set cash bail, allowing those with financial means to pay their way out of jail while awaiting trial, while others remained incarcerated simply because they could not afford to post bond. However, with the abolition of cash bail, the focus has shifted to a system where a judge must now decide whether to detain or release an individual based on their risk to public safety or likelihood of fleeing.

This change was intended to help more people avoid unnecessary pretrial detention, but in practice, a surprising number of individuals are still being held in jail under the new law. Additionally, with the new Cook County State’s Attorney taking a tougher stance, prosecutors are seeking pretrial detention more frequently, making it even more critical to have a skilled criminal defense attorney like Andrew M. Weisberg on your side from the very beginning of your case.

UNDERSTANDING DETENTION HEARINGS UNDER THE NEW LAW

Under the new Illinois law, cash bail is no longer an option. Instead, after an individual is arrested and charged with a crime, a judge must determine whether that person should remain in custody or be released pending trial. This decision is made at a detention hearing, where the court evaluates public safety risks, flight risks, and the severity of the alleged crime.

Key aspects of the new detention hearing process include:

• Prosecutors Must Petition for Detention – Unlike the previous system where cash bail was the default in many cases, prosecutors must now file a motion seeking to detain a defendant before trial.
• The Judge’s Decision is Final – If the judge grants detention, the accused remains in jail until trial or further court orders. If the judge denies detention, the individual is released with conditions, such as electronic monitoring or pretrial check-ins.
• Burden of Proof on Prosecutors – The prosecution must present evidence and argue why the accused should remain in custody. The defense, in turn, can challenge the state’s case and argue for release.
• Serious Charges Lead to More Detention Requests – Individuals accused of violent felonies, domestic violence, sexual offenses, and firearm-related crimes are more likely to be targeted for pretrial detention.

PROCEDURES FOR A DETENTION HEARING IN ILLINOIS

The detention hearing process is structured and must follow these key steps:

1. Arrest and Initial Hearing – After an arrest, the individual is brought before a judge for a first appearance (often within 24 to 48 hours). Prosecutors must notify the court if they seek detention.
2. Prosecutor’s Motion for Detention – If the prosecution wishes to detain the accused, they must file a formal petition, outlining why they believe the defendant poses a risk to public safety or is likely to flee.
3. Presentation of Evidence – The prosecution and defense may present evidence, witness testimony, and legal arguments to support their positions.
4. Judge’s Determination – The judge weighs the risk factors and decides whether to release the accused with conditions or detain them until trial.
5. Conditions of Release (If Granted) – If the judge denies detention, the accused may be released with conditions such as electronic monitoring, stay-away orders, or pretrial supervision.

TOUGHER ENFORCEMENT UNDER THE NEW COOK COUNTY STATE’S ATTORNEY

While the abolition of cash bail was expected to increase the number of people released pretrial, the new Cook County State’s Attorney has adopted a tougher stance on pretrial detention. Prosecutors are more frequently seeking detention, particularly in cases involving gun charges, violent felonies, and repeat offenders. This shift means that more defendants are being held in jail while awaiting trial, making it critical to have an experienced and aggressive defense attorney from the very start of your case.

With harsher prosecutorial policies, defendants need strong legal representation to fight for their release. Andrew M. Weisberg is a seasoned Chicago criminal defense attorney who knows how to challenge detention motions, present compelling evidence for release, and protect the rights of those accused.

WHY CHOOSE ANDREW M. WEISBERG FOR YOUR DETENTION HEARING DEFENSE?

• Extensive Experience in Criminal Defense – With years of experience defending clients in Chicago and Cook County, Andrew M. Weisberg understands the complexities of the Illinois criminal justice system.
• Former Cook County Prosecutor – As a former prosecutor, he knows the strategies the State’s Attorney’s Office will use and can anticipate their arguments to build a strong defense.
• Aggressive Legal Representation – Andrew fights tirelessly for his clients, ensuring that prosecutors meet their burden of proof and that every available argument for release is presented.
• Personalized Defense Strategies – Each case is different, and Andrew tailors his defense strategies to the specific circumstances of your case, increasing your chances of securing pretrial release.

THE IMPORTANCE OF EARLY LEGAL INTERVENTION

If you or a loved one has been arrested, it is critical to act fast. A detention hearing is one of the most important stages of a criminal case, as it determines whether the accused will be held in jail or allowed to remain free while fighting their charges. Having an attorney present from the start can mean the difference between going home or waiting in jail for months until trial.

CONTACT ANDREW M. WEISBERG FOR IMMEDIATE LEGAL HELP

If you or someone you care about is facing a detention hearing in Illinois, don’t leave your fate in the hands of the prosecution. Andrew M. Weisberg is ready to fight for your release and ensure that your rights are protected every step of the way.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation. The sooner you have an experienced criminal defense attorney on your side, the better your chances of securing pretrial release and a favorable outcome in your case.