Wayne County Jail Inmate Bail & Bonds

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Wayne County Jail

Address:
305 East Court Street
Fairfield, IL 62837

Phone:

618-842-6631

Frequently Asked Questions

Illinois in Now a NO CASH BAIL state

Illinois is now a NO CASH BAIL state. Instead, it will use a “pretrial release” system as allowed by the SAFE-T Act.

A judge can still order that you be detained if they determine:

  • That you pose a specific, real and present threat to a person, or 
  • That you are likely to flee. 

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.

Frequently Asked Questions about Bail and Bonds in Wayne County


Does Wayne County have bail?

What kind of bonds are accepted in Wayne County?

Who can set bail in Wayne County?

When is bail set in Wayne County Illinois?


 

 

Does Wayne County have bail?

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.  


 

 

What kind of bonds are accepted in Wayne County?

Under the new system, if a Wayne 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.


 

 

Who can set bail in Wayne County?

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.


 

 

When is bail set in Wayne County Illinois?

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. 

What is Bail?

Bail is what the arrested in Wayne 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 Wayne 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.  

What is the difference between Bail and Bond?

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.

What are the different types of bonds in Wayne County?

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.

Does Wayne County have bail?  

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.  

What kind of bonds are accepted in Wayne County? 

Under the new system, if a Wayne 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.

Who can set bail in Wayne County?  

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.

When is bail set in Illinois?  

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. 

Can I get the bail or bond reduced in Wayne County Illinois? 

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. 

In Wayne County Illinois, who can pay bail for me?

This would not apply to Illinois because money bail is not recognized.

Can bail be paid online in Wayne County Illinois?

This would not apply to Illinois because money bail is not recognized.

What options are there to pay bail in Wayne County Illinois? 

This would not apply to Illinois because bail money is not recognized.

Will I get all my bond money back in Illinois? 

This would not apply to Illinois because money bail is not recognized.

Can I get bail or a bond with no money down in Wayne County? 

Illinois does not require money down because it is a no bail state. There might be fees to pay however.

What are the least expensive and affordable bail bonds in Illinois?  

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.

Instructions on how to post Bail or Bond in Wayne County

Bail bond procedures can vary by jurisdiction, so it’s best to call Wayne County Jail at 618-842-6631 or contact the court in the jurisdiction where the defendant was charged to confirm the latest guidelines.

When speaking with Wayne County Jail or the Wayne County Court Clerk, be sure to ask the following questions:

  1. Is the defendant eligible for bail or bond?
  2. How much is the bail, and what fees are associated?
  3. Where can I post the bail or bond?
  4. Are there specific hours when bail cannot be posted?
  5. What forms of payment are accepted (cash, credit, collateral, or surety bonds)?
  6. Do I need to use a bail or bond agent?

If you feel the bail is too high, contact a lawyer or public defender to discuss the possibility of a bail reduction. Starting the process quickly may help secure the defendant’s release sooner.

Hiring a criminal attorney or bail agent can streamline the process and make it easier for you.

Option 1 - How to Post Cash Bail for a Defendant at Wayne County Jail

One option is to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.

Bail amounts can vary, ranging from $100 to $75,000 or more, depending on the crime.

To post the bond, visit Wayne County Jail or the court where the bail hearing was held. Going directly to the jail may expedite the release process, as paperwork from the court must be transferred there.

Cashier’s checks and money orders should be made payable to Wayne County Jail, the Wayne County Sheriff’s Office, or the Wayne County Court.

Money orders can be purchased from Western Union, Moneygram, or any Post Office.

Option 2 - How to Post a Surety Bond at Wayne County Jail

If you don’t have the full bond amount, you can use a surety bond. A bail agent posts the bail, and you pay a premium, which is usually 10-15% of the total bail amount.

For example, if bail is set at $5,000, the premium will range from $500 to $750.

The bail agent may require collateral, such as property or valuables, to ensure payment if the defendant fails to appear in court.

By signing an agreement with a bail agent, you assume responsibility for the full bail amount if the defendant does not show up in court.

Option 3 - How to Post a Property Bond for a Defendant at Wayne County Jail

If you own property in Wayne County, you may be able to post a property bond. All owners of the property must be present to sign the bond.

For property located outside Wayne County, contact a local bail agent or attorney for advice.

Click here for additional information on posting bail at Wayne County Jail.

Who can post Bail or Bond for a Defendant at Wayne 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.

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