Fiance locked up for aggravated DUI

[Caples 36]

Jurisdiction

Illinois

I have a fiance that is detained in Cook County Jail in Illinois who has been charged with aggravated felony for this is his fourth time he is caught a DUI. He is currently on probation in Lake County which is a misdemeanor for his 3rd DUI my question is if I bond him out will Lake County PTR him. I looked up Lake County warrants he does not have one as of yet I just don't want to lose my bail money and they end up holding him how does this work in this situation?

I have a fiance that is detained in Cook County Jail in Illinois who has been charged with aggravated felony for this is his fourth time he is caught a DUI. He is currently on probation in Lake County which is a misdemeanor for his 3rd DUI my question is if I bond him out will Lake County PTR him. I looked up Lake County warrants he does not have one as of yet I just don't want to lose my bail money and they end up holding him how does this work in this situation?

 

[army judge]

I have a fiance that is detained in Cook County Jail in Illinois who has been charged with aggravated felony for this is his fourth time he is caught a DUI. He is currently on probation in Lake County which is a misdemeanor for his 3rd DUI my question is if I bond him out will Lake County PTR him. I looked up Lake County warrants he does not have one as of yet I just don't want to lose my bail money and they end up holding him how does this work in this situation?

I have a fiance that is detained in Cook County Jail in Illinois who has been charged with aggravated felony for this is his fourth time he is caught a DUI. He is currently on probation in Lake County which is a misdemeanor for his 3rd DUI my question is if I bond him out will Lake County PTR him. I looked up Lake County warrants he does not have one as of yet I just don't want to lose my bail money and they end up holding him how does this work in this situation?

If you put up his entire bail amount in cash, you will eventually get it all back if he doesn't abscond.

More than likely, his probation in Lake County will be revoked.
However, that can't occur until he's had a hearing on the revocation.

You might want to wait a few days, maybe until the NewYear?

With the holiday season upon us, courts tend to move rather slowly.
It's been my experience that Cook County will eventually RoR him after he sees a judge.

More than likely, Lake County will have placed a NO BAIL HOLD on him.
For example, you put up $2,500 in cash.
Cook processes him out, but they hold him until Lake picks him up.

You made bail for him in Cook, but he's not getting out until Lake decides what is to be done with him.

If I were in your position, I wouldn't bail him out.
But, even if you do, you won't get your money back until the matter in Cook County has been cleared. That's probably months away, maybe six, eight months away!

If you give money to a bail bonds agency, you don't get any of that back, even when the matter is over.

If the bail is $2,500, the bonding agency charges you about $315 as their fee to stand his bail.

 

[Caples 36]

If you put up his entire bail amount in cash, you will eventually get it all back if he doesn't abscond.

More than likely, his probation in Lake County will be revoked.
However, that can't occur until he's had a hearing on the revocation.

You might want to wait a few days, maybe until the NewYear?

With the holiday season upon us, courts tend to move rather slowly.
It's been my experience that Cook County will eventually RoR him after he sees a judge.

More than likely, Lake County will have placed a NO BAIL HOLD on him.
For example, you put up $2,500 in cash.
Cook processes him out, but they hold him until Lake picks him up.

You made bail for him in Cook, but he's not getting out until Lake decides what is to be done with him.

If I were in your position, I wouldn't bail him out.
But, even if you do, you won't get your money back until the matter in Cook County has been cleared. That's probably months away, maybe six, eight months away!

If you give money to a bail bonds agency, you don't get any of that back, even when the matter is over.

If the bail is $2,500, the bonding agency charges you about $315 as their fee to stand his bail.

what does RoR stand for but there has not been a warrant issued as of yet so that mean does not have a hold on him is that correct

 

[army judge]

what does RoR stand for but there has not been a warrant issued as of yet so that mean does not have a hold on him is that correct

RoR = released on recognizance = released on his signature and promise to appear, bottom line, much like signing a traffic citation, promising to appear at all court proceedings

If there is no warrant, yes, Cook will cut him lose if you go his bail, or he's allowed to RoR.

It's the holidays, so things slow down in Cook.
I worked as a 3rd year law student in the public defender's office in Cook County. I know that system, and have had occasion to do some criminal defense work in Chicago and nearby DuPage County over the years.

If he has a good relationship with his PO, he might get a break, meaning no revocation hearing.

However, his serial DUI behavior has caught up to him.
It has now become a FELONY.

Very few criminal defendant's escape Felony DUI charge unscathed.
Most get some prison time, 11 months in a county jail.
Eleven months in Cook County is far worse than MOST Illinois prisons.

You need to get him to help himself.
He needs an inpatient alcohol rehab program.
One with at least 90 days, preferably 180 days of in patient treatment.
If this continues, he'll kill or cripple an innocent person, or family.
However, Lake could issue a probation revocation warrant, maybe a summons to appear before a judge, or SHOCK INCARCERATION to make the probationer obey the rules.

Illinois Revocation Law (Explains how revocation works)

(1) In the case of probation violations, order the
issuance of a notice to the offender to be present by the County Probation Department or such other agency designated by the court to handle probation matters; and in the case of conditional discharge or supervision violations, such notice to the offender shall be issued by the Circuit Court Clerk; and in the case of a violation of a sentence of county impact incarceration, such notice shall be issued by the Sheriff;
(2) order a summons to the offender to be present for

hearing; or
(3) order a warrant for the offender's arrest where

there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons or notice from the clerk of the court or Sheriff.
Personal service of the petition for violation of probation or the issuance of such warrant, summons or notice shall toll the period of probation, conditional discharge, supervision, or sentence of county impact incarceration until the final determination of the charge, and the term of probation, conditional discharge, supervision, or sentence of county impact incarceration shall not run until the hearing and disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged violation. The court shall admit the offender to bail pending the hearing unless the alleged violation is itself a criminal offense in which case the offender shall be admitted to bail on such terms as are provided in the Code of Criminal Procedure of 1963, as amended. In any case where an offender remains incarcerated only as a result of his alleged violation of the court's earlier order of probation, supervision, conditional discharge, or county impact incarceration such hearing shall be held within 14 days of the onset of said incarceration, unless the alleged violation is the commission of another offense by the offender during the period of probation, supervision or conditional discharge in which case such hearing shall be held within the time limits described in Section 103-5 of the Code of Criminal Procedure of 1963, as amended.
(c) The State has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence. The evidence shall be presented in open court with the right of confrontation, cross-examination, and representation by counsel.
(d) Probation, conditional discharge, periodic imprisonment and supervision shall not be revoked for failure to comply with conditions of a sentence or supervision, which imposes financial obligations upon the offender unless such failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a condition at any time prior to the expiration or termination of the period, it may continue him on the existing sentence, with or without modifying or enlarging the conditions, or may impose any other sentence that was available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing. If the court finds that the person has failed to successfully complete his or her sentence to a county impact incarceration program, the court may impose any other sentence that was available under Article 4.5 of Chapter V of this Code or Section 11-501 of the Illinois Vehicle Code at the time of initial sentencing, except for a sentence of probation or conditional discharge. If the court finds that the offender has violated paragraph (8.6) of subsection (a) of Section 5-6-3, the court shall revoke the probation of the offender. If the court finds that the offender has violated subsection (o) of Section 5-6-3.1, the court shall revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge, of supervision, or of a sentence of county impact incarceration may be modified by the court on motion of the supervising agency or on its own motion or at the request of the offender after notice and a hearing.
(g) A judgment revoking supervision, probation, conditional discharge, or a sentence of county impact incarceration is a final appealable order.
(h) Resentencing after revocation of probation, conditional discharge, supervision, or a sentence of county impact incarceration shall be under Article 4. The term on probation, conditional discharge or supervision shall not be credited by the court against a sentence of imprisonment or periodic imprisonment unless the court orders otherwise. The amount of credit to be applied against a sentence of imprisonment or periodic imprisonment when the defendant served a term or partial term of periodic imprisonment shall be calculated upon the basis of the actual days spent in confinement rather than the duration of the term.
(i) Instead of filing a violation of probation, conditional discharge, supervision, or a sentence of county impact incarceration, an agent or employee of the supervising agency with the concurrence of his or her supervisor may serve on the defendant a Notice of Intermediate Sanctions. The Notice shall contain the technical violation or violations involved, the date or dates of the violation or violations, and the intermediate sanctions to be imposed. Upon receipt of the Notice, the defendant shall immediately accept or reject the intermediate sanctions. If the sanctions are accepted, they shall be imposed immediately. If the intermediate sanctions are rejected or the defendant does not respond to the Notice, a violation of probation, conditional discharge, supervision, or a sentence of county impact incarceration shall be immediately filed with the court. The State's Attorney and the sentencing court shall be notified of the Notice of Sanctions. Upon successful completion of the intermediate sanctions, a court may not revoke probation, conditional discharge, supervision, or a sentence of county impact incarceration or impose additional sanctions for the same violation. A notice of intermediate sanctions may not be issued for any violation of probation, conditional discharge, supervision, or a sentence of county impact incarceration which could warrant an additional, separate felony charge. The intermediate sanctions shall include a term of home detention as provided in Article 8A of Chapter V of this Code for multiple or repeat violations of the terms and conditions of a sentence of probation, conditional discharge, or supervision.
(j) When an offender is re-sentenced after revocation of probation that was imposed in combination with a sentence of imprisonment for the same offense, the aggregate of the sentences may not exceed the maximum term authorized under Article 4.5 of Chapter V.
(Source: P.A. 95-35, eff. 1-1-08; 95-1052, eff. 7-1-09; 96-1200, eff. 7-22-10.)