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Being Released on Bail or on Your Own Recognizance

Joliet bail bond release

When the state presses criminal charges against an individual, that person may be detained in jail or another detention facility. However, Illinois law holds that most criminal offenses are bailable before conviction, meaning that defendants may be set free on bail prior to trial.

The law withholds bail “where the proof is evident” or “the presumption great” that the defendant committed one of the following offenses:

• Offenses that impose a sentence of life in prison;
• Felony offenses that impose a sentence of imprisonment without conditional or revocable release, if the court determines after a hearing that releasing the defendant would pose a real and present threat to the physical safety of one or more individuals;
• Stalking or aggravated stalking, if the court determines after a hearing that releasing the defendant would pose a real and present threat to the alleged victim’s physical safety;
• Certain unlawful use of weapons, if the court determines that releasing the defendant would pose a real and present threat to anyone’s physical safety; or
• Making a terrorist threat, if the court determines after a hearing that releasing the defendant would pose a real and present threat to anyone’s physical safety.

Bond Release

When a court determines that an individual may be released on bail, the judge must set conditions for release as well as the monetary bail amount. Factors that affect this determination include:

• The nature and circumstances of the offense charged;
• Whether the offense involved or threatened violence;
• Whether the offense involved corruption of public officials;
• Whether the defendant physically harmed or threatened physical harm to senior citizens, children and other protected classes of individuals;
• Whether the evidence demonstrates that the defendant possessed or used a firearm or explosive device;
• Whether the defendant has motivation or ability to flee;
• Whether the defendant is subject to deportation under federal immigration law; and
• The defendant’s criminal record, including whether he was already on bail when he allegedly committed the offense charged.

Note that, under certain conditions, the law also permits courts to release defendants on their own recognizance. This means that the defendant is released after promising to appear in court for all upcoming proceedings, and that the defendant does not have to pay bail. The promise must be in writing and is not applicable to defendants who pose a danger to the community. Failure to appear at a court proceeding is a punishable offense.

If you are charged with committing a crime in Illinois, our Will County criminal defense attorneys will do everything in our power to have you released on bail or on your own recognizance. Contact us today for a consultation. We can assist those in Frankfort, Joliet and the surrounding area.

Unlawfully Supplying Firearms to Someone without a FOID Card

Joliet FOID Gun Lawyer

Not too long ago, an Illinois man was charged with first-degree attempted murder, aggravated battery, and aggravated discharge of a firearm after allegedly shooting two sheriff’s deputies outside his home using a semi-automatic assault rifle. The man’s aunt has since been charged with unlawfully supplying that weapon to her nephew, whose firearm owner’s identification card was revoked almost 15 years ago. Police reports indicate that she admitted to giving her nephew the assault rifle – as well as two other firearms – a couple of months before the October shooting.

Illinois law generally does not permit anyone without a FOID card – which must be issued by the Department of State Police – to acquire or possess firearms or ammunition. Accordingly, if you are aware that someone does not have a FOID card, it is illegal to supply him with a weapon. The unlawful sale or delivery of firearms is a felony offense. Punishment depends on the category of person you unlawfully supplied with a firearm as well as the number of offenses you have committed.

You may also be charged with unlawful sale or delivery if you knowingly:

• Sell or give a concealable firearm to a person under the age of 18;
• Sell or give a firearm to a person under the age of 21 who has been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent;
• Sell or give a firearm to a narcotic addict;
• Sell or give a firearm to anyone who has been convicted of a felony;
• Sell or give a firearm to anyone who has been a mental institution patient within the past five years;
• Sell or give a firearm to an intellectually disabled person;
• Sell a concealable firearm without withholding delivery for at least 72 hours after someone has applied to purchase it; or
• Sell a rifle, shotgun or other long fun without withholding delivery for at least 24 hours after someone has applied to purchase it.

State law imposes additional requirements on dealers, importers, manufacturers and pawnbrokers who hold licenses under the federal Gun Control Act.

Revocation of a FOID Card

There are numerous grounds for revoking a previously issued FOID card. For example, the police may revoke a FOID card if the holder is, or was at the time of issuance:

• Under 21 years old and has been convicted of a misdemeanor (other than a traffic offense) or adjudged delinquent;
• Under 21 years old and does not have written consent from a parent or guardian to acquire and possess firearms and ammunition;
• A convicted felon;
• A drug addict;
• A mental institution patient within the past five years;
• Someone whose mental condition poses a clear and present danger to himself or another person;
• Intellectually disabled; or
• Someone who intentionally made a false statement on his FOID card application.

If you have been charged with the unlawful sale or delivery of a firearm, or if your FOID card has been revoked, our Will County criminal defense attorneys can help. Contact us today for a consultation. We can assist those in Frankfort, Joliet or the surrounding area.

California Man Clocked at 88 M.P.H. While Driving Iconic DeLorean

Joliet Traffic Lawyer

Traffic violations are no laughing matter. They can lead to serious consequences including the suspension of your driving privileges, in some cases. A recent incident on a California highway, however, left both the driver and the police officer smiling at the unique nature of the situation in spite of the potentially costly fine.

A Dream Car

In the months and years leading up to the film’s release in 1985, the minds behind Back to the Future wanted to find a futuristic-looking vehicle to be used as a time machine—an essential part of the movie’s plot and widespread appeal. They eventually settled on the DeLorean DMC-12. The model number is a little misleading as it was the only model ever produced by the DeLorean Motor Company, but with its stainless steel body and gull-wing doors, the car that is known simply as “the DeLorean” certainly fit the bill.

In the years since the film’s release, the DeLorean has become a pop culture icon. Just over 9,000 were originally built, and they have long since become the targets of collectors, film buffs, and others with an interest in unique automobiles. Various companies have also made kits available so that owners can make their DeLoreans look like the time machine from the movie.

Testing the (Speed) Limit

About a month ago, a young man in Saugus, California finally realized his decade-long dream of owning a DeLorean. Late last week, he decided it was time to take the car out on the road with his mother in the passenger seat. According to a local news report, as he got onto the highway, he looked down and realized he was doing about 85 miles per hour, just three miles per hour shy of the threshold of 88 mph—which, in the movie, would send the vehicle through time. He pushed the accelerator a little harder and hit the “magic number” for a few seconds before seeing the lights of a California Highway Patrol vehicle behind him.

When the smiling officer approached the silver sports car and showed the driver the radar gun readout, “All of us started busting up laughing,” the driver told The Santa Clarita Valley Signal. The radar gun had clocked the car at exactly 88 miles per hour. The officer issued the driver a ticket, but not before asking whether he had a flux capacitor with him. “Maybe if I had the flux capacitor,” the driver joked, “he would have let me off.”

Dealing With Speeding Tickets?

With only a few thousand in existence, chances are good that you will never drive a DeLorean. The likelihood of being issued a speeding ticket, however, is far greater. If you have received a citation for exceeding the speed limit, running a red light, or any other type of traffic violation, contact an experienced Joliet traffic citations lawyer. Call Attorney Jack L. Zaremba at 815-740-4025 for a free consultation today. He will help you explore your options and will work hard to protect your rights along the way.

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