Miltenberger Law Offices

Facing a legal predicament is a
daunting experience for everyone, especially when it involves
criminal charges. The criminal justice system is complex and it
leaves people feeling uncertain about their future and overwhelmed
regarding their circumstances. This is why the concept of personal
recognizance is important, which we will discuss, along with factors
considered for personal recognizance and its advantages.

Understanding
Personal Recognizance

Personal recognizance is different
from bail as bail requires a monetary deposit to be set free. On the
other hand, personal recognizance allows those individuals charged
with a crime to be set free and is based on trust that the defendant
will appear in court for all required hearings. With personal
recognizance, the accused basically promises to attend all court
hearings and comply with conditions set by the court.

Factors Considered
for Personal Recognizance Release

When the court decides to grant
someone personal recognizance, the judge doesn’t make that decision
arbitrarily. The judge will make a choice after carefully going over
several factors, such as considering how much of a risk the defendant
is to public safety and if the defendant is a flight risk. To
determine if a defendant is a risk to public safety, the court will
examine the nature of the offense, and the defendant’s criminal
history if they have one, and take into account any contributing
factors such as substance abuse or mental health issues. Determining
whether or not the defendant is a flight risk, the court must examine
the defendant’s family and social ties, their employment history,
as well as how strong a connection they have to their community.

Advantages and
Challenges of Personal Recognizance

There are several benefits that
personal recognizance offers society, for both individuals and the
criminal justice system, such as the switch from cash bail to
personal recognizance. On the criminal justice system side, it saves
taxpayer money by reducing overcrowding in jails and reducing the
population in jail awaiting trial.

For individuals, it helps them
maintain their employment, stay with families, and prepare for their
trials. One challenge that personal recognizance faces is that some
jurisdictions rely too heavily on cash bail, which impacts those
living in poorer communities. However, the bail reform movement is
gaining traction, and the Illinois Supreme Court recently declared
that the state would no longer use cash bail after September 18^th,
2023.

If you or someone you know is
facing legal challenges, then you’ll need a reputable law firm on
your side and someone who will strive to help you achieve the best
solution to your problems. For a personalized approach to your legal
woes, contact Miltenberger Law offices today for a free
consultation and we will devote our knowledge and resources to
serve your needs to the fullest extent.