How Does Illinois’ New Pretrial Fairness Act Impact Defendants?

 Posted on December 19, 2024 in Criminal Defense

Illinois’ Pretrial Fairness Act (PFA), which is part of the SAFE-T Act, has made significant changes to the state’s criminal justice system. Some of the biggest impacts have been the elimination of the cash bail system and changes to how release decisions are made.

This reform impacts how defendants are treated before their cases are resolved. If you are accused of a crime, speak with a knowledgeable Naperville, IL criminal defense lawyer to understand how this act can protect your rights as you face charges.

No More Cash Bail in Illinois

Before the PFA, defendants who were arrested and charged with a crime often had to post a cash bail to get released from prison before their trial. Defendants who could not afford bail had to stay in jail until their trial when other defendants facing similar charges who had the means could be released. This system created unfair challenges for people based on their ability to pay, even if they were accused of minor offenses.

Under the new law, there is no longer cash bail in Illinois. Instead, judges decide whether someone should remain in detention or be released based on the circumstances of their case, not their financial means.

How Are Release Decisions Made?

Under the PFA, judges determine whether a defendant should remain in custody or be released while awaiting trial by evaluating the facts of the case, including:

• The severity of the offense

• The likelihood of the defendant appearing in court

• Whether the defendant poses a danger to the community

For example, people charged with nonviolent offenses or low-level crimes are more likely to be released without being detained than people accused of committing violent crimes.

How Does the PFA Help Defendants?

The PFA can be beneficial in several ways, including:

Fair Treatment

Decisions about pretrial detention or release are now based on risk rather than financial ability. Wealthier defendants are no longer given an unfair advantage simply because they can afford bail.

Fewer Jail Stays

People accused of minor crimes will no longer be forced to stay in jail for several weeks or months simply because they cannot afford to post bail. This helps defendants avoid losing jobs, housing, or custody of their children.

Stronger Focus on Public Safety

Dangerous individuals should remain detained even if they have the means to post bail. On the other hand, for low-risk defendants, the law prioritizes safety over money.

While the new system provides more fairness, it also places responsibility on defendants to follow court orders. If released, defendants must attend all scheduled court appearances and comply with any conditions set by the court, such as staying away from certain people or locations. Failing to follow these rules could result in being taken back into custody.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

If you are a defendant who has not yet been convicted, speak with a qualified Naperville, IL criminal defense attorney to understand how the Pretrial Fairness Act can impact your case. At Law Office of Philip R. Nathe, we are dedicated to protecting our clients’ rights and ensuring that they are treated fairly in the Illinois criminal justice system. Call us at 630-416-7600 to schedule a free consultation.