As part of an ongoing effort to reform the system, Chicago is one of 29 jurisdictions in the country that will use a computer program to set the amount and type of bail in criminal cases.
Chief Judge Timothy Evans said that the Public Safety Assessment would be a welcome change. “For the first time, our pretrial services staff will offer judges an entirely objective risk assessment score to consider when making release/detention decisions,” he said. Instead of magistrate judges reviewing files and setting bail, the PSA surveys approximately Pretrial Services officer. More restrictive conditions, such as no-contact orders, curfew, cellphone/internet restrictions, and GPS monitoring, are not uncommon.
Reconsideration
Since pretrial release is so important to both the defendant’s legal defense and to family members, an attorney may often request a bail reduction hearing. At this hearing, the defendant has the burden to show that the current amount or type of bail is unreasonable. If the defendant cannot make bail, a new type or amount is set based on factors under the Eighth Amendment, which basically states that bail is a means of guaranteeing appearance at trial. These factors include:
- Ability to Travel: If the defendant has money, a means of transportation, and connections outside the jurisdiction, the prosecutor often argues that the person is a flight risk.
- Roots in the Community: Local jobs, friends, and family all make defendants less likely to flee the jurisdiction, at least in terms of Eighth Amendment analysis.
- Severity of Offense: Generally, speaking, people are more likely to stay and face trial for relatively minor offenses; the amount of evidence against the defendant is also a factor here.
In addition to being reasonable, bail must also be a tool to guarantee appearance at trial and not a means of punishment.
Rely on Experienced Attorneys
Pretrial release is an important component of an aggressive defense. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.