Understanding Pre-Trial Release Under Illinois' SAFE-T Act
The SAFE-T Act (Safety, Accountability, Fairness, and Equity – Today) has significantly reformed the criminal justice system in Illinois, particularly when it comes to pre-trial release. With the elimination of cash bail, the law aims to create a fairer system that prioritizes public safety while ensuring that individuals are not detained simply because they cannot afford bail. Here’s what you need to know about how pre-trial release works under the new law.
What Is Pre-Trial Release?
Pre-trial release refers to the process by which an individual accused of a crime is released from custody while awaiting trial. Prior to the SAFE-T Act, many individuals had to pay a set bail amount to secure their release. Now, the process is based on an assessment of risk rather than financial resources.
Key Changes Under the SAFE-T Act
Elimination of Cash Bail
Illinois is the first state in the nation to completely abolish cash bail. This means that judges can no longer require defendants to pay a monetary amount for their release.
Risk-Based Assessments
Instead of determining release based on financial ability, courts now evaluate two primary factors:
Whether the accused poses a threat to public safety.
Whether the accused is likely to flee and not return for court appearances.
Detainable vs. Non-Detainable Offenses
Some offenses allow for automatic pre-trial detention if the prosecutor can demonstrate that the accused is a danger or flight risk. These include:
Violent felonies (e.g., murder, sexual assault).
Domestic violence cases where the victim’s safety is at risk.
Other lower-level offenses generally do not qualify for detention, meaning the accused will be released with conditions.
Judicial Hearings for Detention
If prosecutors seek to detain a defendant, a judge must hold a hearing to determine whether detention is justified.
The defendant has the right to legal representation during this hearing.
Conditions of Release
Even if a defendant is released, they may have to follow certain court-imposed conditions, such as:
No-contact orders.
Electronic monitoring.
Mandatory check-ins with a pre-trial services officer.
Why You Need an Experienced Attorney
The SAFE-T Act has fundamentally changed the pre-trial process, making it essential to have a skilled attorney who understands these new procedures. The Law Offices of Richard Waller can advocate for your release, challenge unwarranted detention, and ensure that your rights are protected throughout the process.
If you or a loved one is facing criminal charges, don’t navigate this system alone. Contact the Law Offices of Richard Waller for a free consultation.
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