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Major changes to criminal procedure and law will take effect on January 1, 2023

Brian L. Polinske
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Edwardsville Criminal Defense Trial Lawyer

The Illinois SAFE T act will take effect on January 1, 2023.  Many changes to the way bond and other criminal procedure issues will occur.  The main changes are:

1.  Cash bail is abolished.  This means that only the most serious cases will require cash bail.  There will still be a risk assessment.  A new addition is that all persons held on a warrant for a new charge must have a hearing with counsel within a short period of time.  This will result in Saturday hearings for persons in jail.  Persons who fail to appear in court after being released on recognizance will have a petition for rule to show cause issued - not an arrest warrant. 

2.  Police will have to wear body cams. 


The general belief regarding cash bail is that all persons who are being held on bail for all but the most serious of offenses will be released.  Whether this translates into reality will be revealed when the law takes effect.  I assume we will know for certain if most defendants will be released the first week or so into Janary, 2023. 

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Vanessa 09/10/2022 08:58 PM
My ex-husband has a $20,000 warrant for his arrest if he gets picked up after January 1st will he still be arrested
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