I am constantly asked and questioned: Why are Cook County residents, charged with a serious crime in DuPage county not being granted pre-trial release? There are numerous factors that go into this but they are real and clients should be aware of them. Making your clients and there family aware of these factors will also allow you to ensure they do not have unreasonable expectations. (Every client I've ever had has told me they are a great candidate for bond/release and people charged similarly are being released all the time.)
First and most important.... DuPage is not Cook County. It is a conservative county primarily. It's judges tend to be conservative. The prosecutors as well. This leads to fewer instances of leniency and the benefit of the doubt. I am no longer shocked when multiple times a day, I receive an e-mail update from Dupage County of another instance where the judge granted the State Attorney's Motion to Deny Pre-Trial Release. I can count on one hand the number of times I have seen a Judge in Dupage County rule in favor of pre-trial release.
Another reason a Cook County resident will have difficulty receiving pre-trial release in DuPage County is due to the fact that to be placed on any sort of ankle bracelet, GPS or home monitoring, the DuPage County sheriff would be required to monitor you. They are only able to do so if you have a residence in DuPage County. Obviously, most residents of Cook County do not.
Lastly and its a little unspoken, but I firmly believe that DuPage County judges are sending a very loud and clear message that the migration of crime from the City of Chicago to the suburbs of DuPage will not be accepted and the punishment and consequences will be severe. This also goes for offers extended by the state and sentences handed down by judges.
While these factors obviously create an uphill battle when fighting charges in DuPage County, that doesn't mean it can't be done and a great result either pre-trial at trial or post trial cannot be achieved. The Law Offices of Nir Basse are here to make sure you have the best representation and opportunity in securing these results. Call or email anytime for a Free Consultation!! 312/286-1186 [email protected]