What Does Source of Funds or Source of Bail Mean?

Legal%2BDefendersWhat is Source of Funds or Source of Bail Mean?

When you are charged with a felony, you will have a Bond Hearing.  At the Bond Hearing the judge will determine the amount of money that needs to be posted in order for you to be released from jail while your case is pending.  But in addition to setting the amount of money that needs to be posted, the judge can also set additional conditions that will apply to your bond.  Normally, a “D” Bond will be set which will require that only 10% of the bond amount be posted in cash.  The Judge can set other conditions, such as home confinement, surrender your passport, that you check in periodically with a probation officer or that you not have any contact with a witness.  When it comes to cases involving large amounts of illegal drugs, the state will often request that you prove Source of Funds or Source of Bail.  This will happen when the state, or prosecutor, believes that you are involved in criminal activity and that the only way the bond money can be posted is if money came from illegal criminal activity.  While the rationale may be true, most of the time this is not the case.  But when the state requests that a Source of Funds or Source of Bail hearing be conducted, this means that before the bond is posted, the Court must hold a hearing and allow the bond to be posted.  Without permission from the court, the bond cannot be posted.

What Happens When a Source of Funds or Source of Bail is Required?

The state will request a Source of Funds or Source of Bail hearing at the bond hearing.  If the court grant’s the state’s request, you will be required to file a written notice requesting that the court hold a Source of Bail hearing.  The burden of proof is on you to prove that the bond money is coming from legal and legitimate sources.  The notice must be accompanied by Affidavits along with any other evidence that proves that the money that is being used is not drug money.  A lawyer experienced with such matters will know what to do. They will know what kind of evidence will be needed, how to prepare it, and how to properly present the evidence to the Court so as to get you released from jail.

Why Hire Legal Defenders For Your Source of Funds or Source of Bail Hearing?

We have done numerous Source of Funds or Source of Bail hearings.  We know that figuring out what needs to get done on the fly at the hearing could be catastrophic.  We will work with your friends and family to make sure we do this the right way, before we file the paperwork, because we understand how important it is that you be released from jail so you can go back to work and be with your family and assist your attorneys to defend you in court.  We will insure that the notice contains the proper affidavits and documents that will help insure that the court will grant your Source of Bond or Source of Funds petition.  We know what we are doing and we will make sure you are released on bond so you can get out of jail.

James Dimeas is an award winning Chicago criminal defense attorney and author with more than 23 years of experience aggressively representing his clients in Bond Hearings and Source of Bail Hearings.  If you have a Bond Hearing or Source of Bail Hearing in Illinois, contact me in Chicago (312-229-5500), DuPage and Kane (630-504-2096) or Lake (847-696-6458) for a free and confidential consultation to discuss your legal options.

Additional Resources:

725 ILCS 5/110-5.