Address:
221 South 7th
Vandalia, IL 62471
Phone:
618-283-2141
Does Fayette County have bail?
What kind of bonds are accepted in Fayette County?
Who can set bail in Fayette County?
When is bail set in Fayette County Illinois?
No, Illinois does not use a cash bail system. The SAFE-T Act does not require the posting of cash bail as a condition of pre-trial release.
As of September 2023, Illinois became the first state in the nation to implement cashless bail. Under the new system, if a judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states.
People who are arrested for serious felonies (including first- and second-degree murder, aggravated criminal sexual assault, violent robberies and burglaries, home invasions and vehicular invasions) can still be denied pretrial release. Prosecutors must request a detention hearing and the decision whether to hold someone will be made at the judge’s discretion. This ruling will be based on several factors including the likelihood that the defendant will flee or any public safety risk that they may present.
Under the new system, if a Fayette County judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states and can be considered a type of bond because a document will need to be agreed upon and signed.
The SAFE-T Act does not require bail; however, it may require a hearing to determine if the defendant qualifies for release. If a hearing is required a judge will determine eligibility.
In many cases defendants will be release after processing with a citation requiring the defendant to appear at a later date. If a defendant is not released immediately, a hearing will be scheduled before a judge. Depending on the seriousness of the crime, the defendant’s potential flight risk, and defendant’s potential risk to the community the hearing will be scheduled within 90 days.
Bail is what the arrested in Fayette County must pay or do to stay out of jail until the first court appearance. The agreement to bail acts as a promise that the arrested will return to court for court dates and trial.
As of September 2023, Illinois became the first state in the nation to implement cashless bail. Under the new system, if a judge decides a defendant does not pose a public safety or flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states.
People who are arrested for serious felonies (including first- and second-degree murder, aggravated criminal sexual assault, violent robberies and burglaries, home invasions and vehicular invasions) can still be denied pretrial release and the person will be detained in the Fayette County Jail until the case is resolved and the defendant either released or transferred to a state prison.
Conditions for bail might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court. These conditions are supervised by Pretrial Services.
If released, the defendant will be issued a summons to appear to court within 21 days.
In Illinois, bail is what the judge dictates must be done (conditions) to be released until court appearances and bond is the document that is presented and agreed upon. Examples of conditions might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court. Compliance with these conditions is supervised by a Pretrial Services Officer.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which conditions of release are available to them. Professional bond companies are not permitted to operate in Illinois.
There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. If so, this is a scam.
No, Illinois does not use a cash bail system. The SAFE-T Act does not require the posting of cash bail as a condition of pre-trial release.
As of September 2023, Illinois became the first state in the nation to implement cashless bail. Under the new system, if a judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states.
People who are arrested for serious felonies (including first- and second-degree murder, aggravated criminal sexual assault, violent robberies and burglaries, home invasions and vehicular invasions) can still be denied pretrial release. Prosecutors must request a detention hearing and the decision whether to hold someone will be made at the judge’s discretion. This ruling will be based on several factors including the likelihood that the defendant will flee or any public safety risk that they may present.
Under the new system, if a Fayette County judge decides a defendant does not pose a public safety or willful flight risk, then they will be released without being required to post any money. This is called released on their own recognizance in all states and can be considered a type of bond because a document will need to be agreed upon and signed.
The SAFE-T Act does not require bail; however, it may require a hearing to determine if the defendant qualifies for release. If a hearing is required a judge will determine eligibility.
In many cases defendants will be release after processing with a citation requiring the defendant to appear at a later date. If a defendant is not released immediately, a hearing will be scheduled before a judge. Depending on the seriousness of the crime, the defendant’s potential flight risk, and defendant’s potential risk to the community the hearing will be scheduled within 90 days.
Because Illinois does not utilize a cash bail system there is no reason to request a reduction in bail. However, those previously denied release may have their attorney petition the court for another hearing to reevaluate eligibility.
This would not apply to Illinois because money bail is not recognized.
This would not apply to Illinois because money bail is not recognized.
This would not apply to Illinois because bail money is not recognized.
This would not apply to Illinois because money bail is not recognized.
Illinois does not require money down because it is a no bail state. There might be fees to pay however.
There are scammers who call families of arrested asking for information to process a bond. Not only are bondspersons not permitted to call for this information for any type of arrests, but they are also particularly offensive since there are no bail bond companies permitted in Illinois.
Because bail bond procedures in Fayette County and Illinois can change, it’s always a good idea to call either Fayette County Jail at 618-283-2141, or the court in the relevant jurisdiction (i.e., Municipal Court, District Court, etc.) immediately after the defendant has been booked.
Ask the staff at Fayette County Jail or the Fayette County Court Clerk these specific questions:
If you think the bail amount is too high, contact a lawyer or the public defender to discuss the possibility of a bail reduction. Acting quickly will help secure the defendant’s release sooner.
Working with a criminal attorney or bail agent can streamline the process and make it less stressful.
Option 1 - How to Post Bail with Cash at Fayette County Jail
A cash bond requires you to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
The amount could range from $100 to $75,000 or more depending on the charge.
To pay the bond, you can go directly to Fayette County Jail or to the court where the hearing occurred. Going to the jail will speed up the process, as paperwork from the court needs to be sent there for the release.
Cashier’s checks and money orders should be made out to Fayette County Jail, the Fayette County Sheriff’s Office, or the Fayette County Court.
You can purchase money orders at Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Fayette County Jail
If you don’t have the full bail amount, you can post a surety bond by working with a bail agent. The agent posts the bond in exchange for a premium, which is usually 10-15% of the bail amount.
For instance, if the bail is $5,000, the premium will cost between $500 and $750.
The bail agent may require collateral, such as property or valuable items, to ensure payment if the defendant doesn’t appear in court.
When you sign an agreement with a bail agent, you are responsible for paying the full bail amount if the defendant fails to appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Fayette County Jail
Property owners in Fayette County may be able to post a property bond using real estate as collateral. All property owners must be present to sign the bond.
For information on using property outside of Fayette County, consult a local bail agent or defense attorney.
Click here for more details about posting bail at Fayette County Jail.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Illinois state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
