How Does Pretrial Release Work in Illinois?

 Posted on March 14, 2026 in Criminal Defense

Facing a criminal defense matter is stressful enough without having to navigate the legal system alone. One of the first and most urgent questions after an arrest is whether you'll be able to go home while your case is pending. As of 2026, Illinois has eliminated cash bail through the Pretrial Fairness Act, meaning whether you are released pretrial is based on safety and risk, not how much money you have.

The Law Office of Brian J. Mirandola can help you understand the pretrial process as it pertains to your case. Our Kane County, IL criminal defense lawyer will fight aggressively to protect your rights and challenge the accusations against you.

What Changed With the Illinois Pretrial Fairness Act?

The Illinois Pretrial Fairness Act took effect just a couple of years ago, making Illinois the first state to end cash bail entirely. Before this law, whether someone was released after an arrest often came down to whether they could afford to post a monetary bond. That's no longer how it works.

The system now requires courts to make an individualized decision about each person's situation. A judge looks at the specific facts of the case, the nature of the charge, and whether the person poses a genuine risk to public safety or is likely to flee before their court date. Money is no longer the deciding factor.

Who Can Be Detained Before Trial in Illinois?

Not everyone charged with a crime can be held in custody before trial. Under the Pretrial Fairness Act, pretrial detention is reserved for specific situations. A judge can order detention if the state proves by clear and convincing evidence that the person poses a real and present threat to the safety of any person or the community, or that they are a willful flight risk.

The state must also show that no conditions of release could adequately address that risk. Detention is meant to be the exception, not the rule, and the burden falls on the prosecution to justify it.

What Happens at a Pretrial Release Hearing?

If the state seeks to detain you, a hearing must be held. These hearings are now more thorough than they used to be. A judge considers the nature and circumstances of the offense, your background and history, ties to the community, and any other factors relevant to safety and appearance in court.

You have the right to be represented by an attorney at this hearing. That representation matters. An attorney can present evidence about your circumstances, challenge the state's arguments, and advocate for conditions of release that allow you to go home while your case moves forward.

What Conditions of Release Can a Judge Impose in Illinois?

If a judge decides you can be released, they may attach conditions to that release under 725 ILCS 5/110-10. Common conditions include:

• Regular check-ins with pretrial services
• Travel restrictions limiting where you can go
• No contact orders if another person is involved in the case
• Electronic monitoring in more serious cases
• Restrictions on possessing weapons

Violating any condition of release can result in being taken back into custody, so it's important to understand exactly what you're required to do.

What Offenses Can Lead to Pretrial Detention in Illinois?

Certain charges make pretrial detention more likely. Forcible felonies, such as first-degree murder and sexual assault, are among the offenses where the state can seek to hold someone before trial under 725 ILCS 5/110-6.1. However, even for serious charges, detention is not automatic. The state still has to meet its burden at a hearing, and the facts of your individual case always matter.

For less serious offenses, the presumption is release with appropriate conditions. This is an important protection that your attorney can rely on when advocating for you.

Schedule a Free Consultation With Our Aurora, IL Criminal Defense Attorney

The decisions made in the early stages of a criminal case, including whether you are released before trial, can shape everything that follows. You deserve an attorney who understands this system from the inside out. Attorney Mirandola is a former Assistant State's Attorney with 20 years of criminal law experience, which means he knows how prosecutors approach these hearings and what it takes to push back effectively.

If you or someone you care about has been arrested, don't wait. Call The Law Office of Brian J. Mirandola at 847-488-0889 to schedule a free consultation with our Kane County, IL criminal defense lawyer.