DETENTION HEARINGS IN ILLINOIS: UNDERSTANDING THE NEW CASH-BAIL SYSTEM AND YOUR RIGHTS

Illinois’ criminal justice system changed dramatically with the Pretrial Fairness Act, which eliminated cash bail beginning in 2023. What used to be called bond hearings or bail hearings are now referred to as detention hearings or first appearance court. Instead of determining how much money a person must pay to get out of jail, judges now decide whether a person should be detained or released based on risk—not finances.

The intent behind the new law was to create a fairer system, but the reality has been far more complicated. Many defendants are still being detained pretrial, sometimes for reasons that would not have kept them in custody under the old system. And with the new Cook County State’s Attorney taking a tougher stance, prosecutors are now seeking detention at a much higher rate. This makes it essential to have an experienced criminal defense attorney like Andrew M. Weisberg at your side from the very first court appearance.

UNDERSTANDING DETENTION HEARINGS UNDER THE NEW LAW

Under the new system, judges no longer set monetary bail. Instead, at the first court appearance, the judge must determine whether to release or detain the accused based on the prosecution’s petition for detention.

Key features of a detention hearing include:

Prosecutors Must File a Petition – Detention is not automatic. The State must formally request detention and explain why they believe you pose a flight risk or a danger to the community.

Judge Decides Release or Detention – The judge will either order release (with or without conditions) or order detention. If detention is granted, you remain in custody until trial or further court order.

Burden of Proof on Prosecutors – The State must present evidence supporting their request for detention. Your attorney can challenge that evidence, call witnesses, and argue for your release.

Certain Charges Lead to More Detention Requests – Cases involving firearms, domestic violence, sexual offenses, violent felonies, or repeat offenders are much more likely to result in detention petitions.

THE DETENTION HEARING PROCESS IN ILLINOIS

Every detention hearing follows a structured process:

Arrest & First Appearance – Usually within 24–48 hours after arrest, the accused appears in first appearance court, formerly called bond court.

Prosecutor’s Petition for Detention – If prosecutors wish to keep you in custody, they must file a written motion outlining their basis for detention.

Evidence & Arguments – Both sides present arguments. The State may offer police reports, digital evidence, witness statements, or other materials. The defense may challenge the facts, credibility, or legal sufficiency of the State’s claims.

Judge’s Determination – The judge must decide whether the prosecution met its burden. If detention is denied, you are released under specific conditions.

Conditions of Release – If released, conditions may include electronic monitoring, regular check-ins, stay-away orders, or other supervisory measures.

TOUGHER ENFORCEMENT UNDER THE NEW COOK COUNTY STATE’S ATTORNEY

The end of cash bail was expected to reduce the number of people held pretrial, but the shift in Cook County’s prosecutorial leadership has had the opposite effect. The new State’s Attorney has taken a tougher stance, leading to:

More petitions for detention
More people held in custody
Fewer releases on electronic monitoring
More aggressive bail-style arguments, despite the new system

This trend has made detention hearings one of the most high-stakes stages of a criminal case. With prosecutors aggressively pursuing detention, your defense attorney must be ready to challenge their evidence immediately and forcefully.

WHY CHOOSE ANDREW M. WEISBERG FOR YOUR DETENTION HEARING DEFENSE?

Andrew M. Weisberg brings exceptional qualifications to detention hearings, including:

Extensive Defense Experience – Years of representing clients throughout Chicago and Cook County in high-stakes criminal cases.

Former Cook County Prosecutor – His time on the prosecution side gives him insight into how the State plans and argues detention motions.

Aggressive, Strategic Advocacy – Andrew challenges the State’s evidence, questions their claims, and fights to demonstrate why you should be released.

Individualized Defense Strategies – No two cases are alike. Andrew tailors every argument to present the strongest possible case for your release.

In today’s tougher environment, having a highly skilled attorney at your first appearance can dramatically affect the rest of your case.

THE IMPORTANCE OF EARLY LEGAL INTERVENTION

A detention hearing is often the most important hearing in your case. Whether you go home or sit in jail for months awaiting trial can come down to what happens in that first appearance. The earlier Andrew M. Weisberg gets involved, the more effectively he can:

Prepare arguments for release
Challenge the State’s evidence
Communicate with prosecutors before court
Gather supporting witnesses
Present mitigating information
Ensure your rights are protected

Do not wait for your first court date—your future may depend on immediate legal action.

Frequently Asked Questions About Detention Hearings in Cook County

What is a detention hearing in Illinois?

A detention hearing—also called a pretrial release hearing—is where a judge decides whether a person charged with a crime will be released pending trial or detained in custody. The hearing must occur within 48 hours of arrest (excluding holidays and weekends) unless the State requests more time to file a petition. The judge reviews the charges, the evidence in the petition, and any risk factors before deciding on release or detention.

What factors does the judge consider at a detention hearing?

A judge considers the nature of the offense, the defendant’s criminal history, whether any alleged victims were harmed, risk of flight, and any prior failures to appear. The judge also evaluates whether conditions such as electronic monitoring, stay-away orders, or other restrictions could reasonably assure safety and court compliance.

What is the State required to prove at a detention hearing?

The prosecution must prove by clear and convincing evidence that no set of pretrial release conditions could prevent harm to a person or the community or ensure the defendant’s appearance in court. This is a high burden, but prosecutors in Cook County routinely seek detention for violent offenses, weapons cases, sex offenses, and some repeat offenders.

Can the defense present evidence at a detention hearing?

Yes. The defense can present mitigating evidence, proffers, documentation, background information, witnesses, or argument showing that the defendant can safely be released with conditions. A skilled defense attorney can push back against the State’s allegations and highlight weaknesses in the petition.

If the judge denies pretrial release, can it be appealed?

Yes. Illinois allows a defendant to file a motion to reconsider or appeal the detention decision. An attorney with experience in detention review hearings can argue for release based on changed circumstances or legal errors in the original ruling.

How quickly does the detention hearing happen after arrest?

Most detention hearings occur within 24–48 hours of arrest. This is why immediate legal representation is essential. The defense has very little time to prepare, and early involvement allows an attorney to begin gathering favorable information right away.

What types of cases most commonly lead to detention requests?

Cook County prosecutors frequently seek detention in cases involving firearms, violent crimes, domestic violence, sex offenses, and defendants with multiple recent arrests. Non-violent offenders, first-time offenders, and individuals accused of lower-level felonies often have a better chance at release if represented effectively.

Does Cook County handle detention hearings differently from other counties?

Yes. Cook County’s Pretrial Fairness Act procedures are extensive and vary from other counties. The volume of cases, the structure of the bond courts, and the tendencies of the judges create unique dynamics. Having a lawyer who regularly appears in 26th Street bond courts and suburban district courts is a major advantage.

Choosing the Best Lawyer for a Detention Hearing in Cook County

Do I need a lawyer who regularly handles detention hearings?

Absolutely. Detention hearings move fast, and prosecutors often rely on one-sided allegations in the petition. A lawyer experienced with these hearings knows what arguments resonate with judges and how to challenge flawed petitions effectively.

What makes a strong defense attorney for detention hearings?

Experience, fast analysis, strong argument skills, and familiarity with Cook County bond court judges and prosecutors are key. The attorney must be able to gather mitigation quickly and present a compelling argument for release under conditions tailored to the defendant’s situation.

Should my attorney know the judges and prosecutors at 26th and California?

Yes. Detention decisions often depend heavily on the judge hearing the case. Attorneys who routinely appear at 26th Street know the tendencies of each judge and understand how to frame arguments for the best chance of release.

Why is a former prosecutor effective in detention hearings?

Former prosecutors understand how the State builds detention petitions and what weaknesses may exist. They know the threshold for “clear and convincing evidence” and can identify arguments that undercut the prosecution’s claims.

What questions should I ask when choosing a lawyer for a detention hearing?

• How often do you appear at 26th and California?
• How quickly can you begin preparing my defense?
• What is your experience with detention hearings under the new law?
• What strategies do you use to challenge detention petitions?
• Will I be working directly with you throughout the process?

Does hiring an experienced Cook County attorney improve my chances of release?

Yes. Judges rely heavily on the quality of legal argument presented. Skilled defense attorneys can often secure conditions of release even in cases where detention initially seemed likely.

CONTACT ANDREW M. WEISBERG FOR IMMEDIATE LEGAL HELP

If you or a loved one is facing a detention hearing under the new Illinois no-cash-bail system, you need a powerful advocate who can fight for your release. Andrew M. Weisberg is ready to stand by your side and defend your rights from the moment your case begins.

Call Andrew M. Weisberg today at (773) 908-9811 for a free consultation.
The sooner you contact him, the stronger your chances of securing release and protecting your future.