illinoiscriminallawyerblog.com - Illinois Criminal Lawyer Blog — Published by Illinois Criminal Attorneys — Vig Law, P.C.

Description: Illinois Criminal Lawyer Blog — Published by Illinois Criminal Attorneys — Vig Law, P.C.

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On July 18, 2023 the Illinois Supreme Court handed down its long anticipated ruling in  Rowe v. Raoul , 2023 IL 129248 .  Siding with the Appellants in this matter, the Illinois Supreme Court has rejected the constitutional objections to Public Acts 101-652 and 102-1104.  Cash bail will be eliminated in Illinois effective September 18, 2023.

The opinion was delivered by Justice Theis with dissents by Justices Overstreet and Holder White, the Illinois Supreme Court reviewed the constitutional framework for bail in Illinois.

It is important to note that the Court’s decision does not mean that every person charged with a crime will be automatically released, the act itself includes a list of enumerated offenses for which the trial courts may consider pre-trial detention if the defendant poses a real threat to the safety of any person or the community.  That list can be found in 725 ILCS 5/110-6.1 and includes the following:

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