Address:
403 East Main Street
Benton, IL 62812
Phone:
618-438-8211
A judge can still order that you be detained if they determine:
This determination will vary based on the judge and county. But in general, if you are not a 'threat to society', or are not a 'flight risk', you will be released pending trial.
For more information, scroll down this page.
Does Franklin County have bail?
What kind of bonds are accepted in Franklin County?
Who can set bail in Franklin County?
When is bail set in Franklin 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 Franklin 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 Franklin 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 Franklin 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 Franklin 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 Franklin County and Illinois can change their bail bond procedures, it is always best to call either the Franklin County Jail at 618-438-8211, or the court in the jurisdiction (i.e. Municipal Court, District Court, etc.) where the offender was charged, right after an arrestee has been booked.
Ask the staff at the Franklin County Jail or the Franklin County Court Clerk these specific questions:
If you feel the bail is too high and you wish to get it reduced, contact a lawyer or the defendant's public defender and get them to look into what they can do to get a bail reduction. The sooner you get working on this the quicker you will get your loved one released.
This entire process will go smoother and faster with a criminal attorney or bail agent handling it for you.
Option 1 - How to Post Bail using Cash for a Defendant at Franklin County Jail
The first option, a cash bond, is to pay the full bail amount in cash, cashier's check, or money order. Personal Checks are not accepted.
Depending on the crime, this amount could be anywhere from $100 to $75,000 or more.
To pay a cash bond, go to Franklin County Jail or to the court where the bail hearing occurred. Going directly to the jail will quicken the release of the defendant as any bail paperwork processed at the court will have to be transferred to the jail.
Cashier's Checks and Money Orders may be made out to Franklin County Jail where the defendant is being held, but usually to the Franklin County Sheriff's Office or to the Franklin County Court.
To purchase money orders visit any Western Union, Moneygram or Post Office.
Option 2 - How to Post a Private or Surety Bond for a Defendant at Franklin County Jail
In the event that someone does not have the full bond amount available to him or her, there is what is called a private bond or surety bond.
This is an agreement made with a bail agent or bondsman who will post the full bail amount. In return, the defendant and/or cosigner will pay a premium to the bail agent. This premium will be 10-15% of the full bail amount.
For example, if bail is posted at $5,000, then the premium will cost approximately $500-$750.
A bail agent will often require some form of collateral, for example, a lien on a house, a car or jewelry. This is to ensure that if the defendant skips bail, or does not appear in court, the bail agent has some sort of compensation for the full bail amount being paid.
Remember, by making an agreement with a bail agent the signatory takes responsibility for paying the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Franklin County Jail
If you are a landowner in Franklin County you may be able to post a property bond. Property within Franklin County may be used as collateral to bail someone out. All owners of the property must be present to sign the bond in order for this to happen.
To find if property located outside of Franklin County can be used as collateral, call a local bail or bond agent or contact a defense lawyer.
Click here for additional information on how to post bail at Franklin 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.
