09/29/2026
There is no cash bail in Illinois. While many expected this reform to make release simple, the new system under the Pretrial Fairness Act introduced a rigorous judicial process that can be much harder to navigate.
Former Prosecutor and Chicago Criminal Defense Attorney Purav Bhatt breaks down how pretrial release and detention hearings work in Illinois state courts:
• The Default Rule: Release is now the default starting point for defendants.
• Prosecutorial Petitions: Prosecutors must file a written petition to request detention.
• Detention-Eligible Offenses: Detention is strictly limited to specific charges, including serious violent offenses, s*x offenses, domestic violence, specific weapons charges, or high flight risk.
• The Three-Part Burden of Proof: To hold a defendant, the state must prove clear evidence, specific danger to an individual or community, and why conditions short of jail cannot mitigate risk.
• Alternative Conditions: How electronic monitoring, curfews, and check-ins win release hearings.
• Why Early Preparation Matters: Detention decisions occur in a 24- to 48-hour window. Having an experienced defense attorney prepare evidence regarding employment, residence, and community ties immediately is critical.
Facing Criminal Charges in Cook County or Chicago? Early representation is essential to protecting your rights and securing your release.
Call 773-791-9682 to Schedule a Defense Strategy Session.
The Law Office of Purav Bhatt, P.C.
1655 S Blue Island Ave #312, Chicago, IL 60608
Phone: 773-791-9682
Website: https://bhattchicagodefenselaw.com/