Sample Bail Bond Related Criminal Law Motions

Criminal
Procedure:
Sample Bail Bond
Related Motions
Partida
for the
People

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is intended to provide a general
background of knowledge and
information. Nothing in this
material establishes a lawyer-
client relationship.
You should always consult with
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before taking any action on any
information I have provided.
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different. Professional guidance
and representation should always
be sought and obtained.
© 2014 Partida for the People. All rights reserved.

Table of Contents
Prosecution Motions
Additional Conditions of Bond 5
Bail Forfeiture 6
Increase Bail EHM Violation 8
Increase Bail EHM & Warrant 12
Increase Bail New Misdemeanor Offense 16
Revoke Bail New Forcible Felony 19
Defense Motions
Reduce Bail (Long Form) 22
Bail Forfeiture (Short Form) 25
Modify Bail 26
Modify Bail to Return Driver’s License 28
Modify EHM 30
Exonerate Bail 31
Attorney Fees After Trial 32
© 2014 Partida for the People. All rights reserved

INSTRUCTIONS TO JAILER: RETURN ORIGINAL SIGNED COPY TO STATE’S ATTORNEY’S
OFFICE FOR FILING WITH THE CIRCUIT CLERK’S OFFICE
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT
KANE COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS, )
Plaintiff, )
)
vs. ) Case No. 14 CM ________
)
)
_____________________________, )
Defendant. )
ADDITIONAL CONDITIONS OF BOND
This matter coming before this Court for setting of bail on ____/____/14 and the
Defendant present and being advised of his/her rights herein, and in addition to conditions of bail
established by the order of remand and/or by the bail bond form, it is further ordered:
1. The Defendant is to have no contact or communication, direct or indirect, with the
victim,
_____________________________________________.
2. The Defendant is not to be or go within 150 feet of the residence of said victim, that
address being:
______________________________
______________________________
______________________________.
3. The Defendant is not to possess any firearm.
4. These orders remain in effect until further order of Court.
____/____/14 ___________ ________________________
Date Time/ A.M. Judge
*************TO BE COMPLETED BY DEFENDANT & JAILER*************
I understand and acknowledge receipt of true and accurate copy of these additional bond
conditions.
Signed:________________________
Defendant
____/____/14 ___________ ________________________
Date Time/ A.M. Jailer

IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHNNY DOE GARCIA, )
)
Defendant. )
MOTION TO FORFEIT BOND
Now comes the Plaintiff, the People of the State of Illinois, by and through their State’s
Attorney, ELECTED OFFICIAL, by his Assistant, Samuel Partida, Jr., and pursuant to 725 ILCS
5/110-7(g), moves this Honorable Court to enter an order to forfeit bail and in support thereof
states as follows:
1. That Defendant has deposited, with the clerk of the court, $8,000 as bail security as
indicated on his bail bond;
2. Defendant’s bail bond certifies that Defendant acknowledged receiving a copy of the
bail bond;
3. Further, Defendant’s bail bond certifies that Defendant understood that if released on
bond and Defendant failed to appear in court when required by the court, the result
would be forfeiture of the security money posted, issuance of a warrant for
Defendant’s arrest, and the depositing of additional bond;
4. That the court required Defendant to appear in court on August 3, 2013 & August
31, 2013, and Defendant failed to so appear.
WHEREFORE the People of the State of Illinois respectfully request that this
Honorable Court enter an order declaring the bond forfeited.
Respectfully submitted,
ELECTED OFFICIAL
State’s Attorney of Kane County
By: _______________________________
Samuel Partida, Jr.
Assistant State’s Attorney
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
Defendant. )
DECLARATION OF BOND FORFEITURE
This cause coming to be heard upon the application of the State for the entry of a
declaration of forfeiture of bond, and the Court being fully advised in the premises pursuant to
725 ILCS 5/110-7(g), finds:
1. That the defendant did not comply with the conditions of his bail bond in that he
failed to appear in Court when so required.
2. That the defendant’s bail security deposited with the clerk of the court shall be
forfeited instanter.
3. That notice of this forfeiture shall be sent to the defendant.
4. That the defendant shall appear and surrender to the court within 30 days.
5. That if the defendant does not appear within 30 days of the date of forfeiture, then
a judgment may enter against the defendant in the full amount of the bond plus
costs and fees.
____/____/____ ____________________________________
JUDGE
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
MOTION TO INCREASE BAIL & REVOKE EHM
NOW COMES the PEOPLE OF THE STATE OF ILLINOIS, by and through their
Attorney, ELECTED OFFICIAL, by his Assistant, Samuel Partida, Jr., and moves this
Honorable Court, pursuant to 725 ILCS 5/110-6(b), to increase the bail of the defendant and
revoke electronic home monitoring, in support states as follows:
1. Defendant is charged with Burglary (class 1 Felony).
2. On July 27, 2006, Defendant’s bail was originally set at $40,000 (10% to
apply).
3. On August 23, 2006, Defendant’s motion to reduce bail was granted and
Defendant was released on his personal recognizance; additionally the court
ordered, as a condition of bond, that the Defendant be placed on Electronic
Home Monitoring (EHM).
4. That 725 ILCS 5/110-6(b) provides for the increase of bail when defendant
violates the conditions of 725 ILCS 5/110-10 or any special conditions of bail
as ordered by the court; section 110(b)(14) provides that the court may order a
defendant be placed in a pretrial bond home supervision capacity with an
electronic monitory device.
5. Between August 24, 2013 and September 20, 2013 Defendant was on EHM.
Exhibit 2 through Exhibit 7 outline repeated violations of EHM.
6. Since September 28, 2013 Defendant has not been home during probation
officer home visits, he has been uncooperative with probation officers in
reestablishing EHM, and he is currently not on EHM. See Exhibit 8 &
Exhibit 9.
WHEREFORE, the PEOPLE OF THE STATE OF ILLINOIS respectfully request that
this Honorable Court enter an order increasing Defendant’s bail and revoking his EHM.
File Stamp

ELECTED OFFICIAL
Kane County State’s Attorney
BY:______________________________________
Samuel Partida, Jr.
Assistant State’s Attorney
ELECTED OFFICIAL
State’s Attorney of Kane County, Illinois
Kane County Judicial Center
37W777 Route 38, Suite 300
St. Charles, IL 60175
(630) 232-3500

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
AFFIDAVIT
Affiant does affirm and state as follows:
1. That she is employed as a Kane County Court Service’s probation officer;
2. That she is assigned to monitor Defendant’s compliance with pretrial conditions
including compliance with electronic home monitoring;
3. That all of the allegations in the attached Motion and exhibits are true and accurate to
the best of his knowledge.
Further Affiant Sayeth Naught
__________________________
Affiant
(Assigned Probation Officer)
Subscribed and Sworn before me
This _____ day of ___________
__________________________
Notary Public
File Stamp

13 CF 000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
AFFIDAVIT
4. That he is employed as an Assistant State's Attorney in the Office of the Kane County
State's Attorney;
5. That he is assigned to prosecute the above cause;
6. That he has received information from adult court services, electronic home
monitoring regarding the allegations against defendant;
7. That electronic home monitoring is assigned to monitor Defendant’s compliance with
pretrial conditions including compliance with electronic home monitoring;
8. That all of the allegations in the attached Motion and exhibits are true and accurate to
the best of his knowledge.
__________________________
Affiant
(Assigned SAO)
This _____ day of ___________
__________________________
Notary Public
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
MOTION TO INCREASE BAIL AND TO ISSUE WARRANT
Honorable Court, pursuant to 725 ILCS 5/110-6(b) & (e), to increase the bail of the defendant
and to issue a warrant commanding any peace officer to bring the defendant before the court, in
support states as follows:
1. Defendant is charged with Criminal Damage to State Supported Property
(class 3 Felony) in 06 CF 1856.
2. On July 22, 2006, Defendant’s bail was originally set at $20,000 (10% to
apply).
3. On August 4, 2013, Defendant’s motion to reduce bail was granted and
Defendant was released on his personal recognizance; additionally the court
ordered, as a condition of bond, that the Defendant be placed on Electronic
Home Monitoring (EHM).
4. That 725 ILCS 5/110-6(b) provides for the increase of bail when defendant
violates the conditions of 725 ILCS 5/110-10; section 110(b)(14) provides that
the court may order a defendant be placed in a pretrial bond home supervision
capacity with an electronic monitory device.
5. That 725 ILCS 5/110-6(e) provides that the court may issue a warrant upon
verified application by the State stating facts or circumstances constituting a
violation.
6. On August 13, 2013, Defendant absconded with the EHM equipment. See
attached Court Services report.
this Honorable Court enter an order increasing the bail and issuing a warrant in the above
matters.
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
AFFIDAVIT
1. That she is employed as a Kane County Court Service’s probation officer;
2. That she is assigned to monitor Defendant’s compliance with pretrial conditions;
3. That on 8/13/13 at 2227 hours, the defendant went out of range. This out or range
was without authorization form EHM. At 711 hours on 8/14/13 this officer called the
defendant’s home phone and father’s cell phone and received no answer. At 728
hours on 8/14/13, this officer received a phone call from the defendant’s father stating
that his son “ran last night.” The defendant’s father stated he has “no clue” where his
son would have gone. The defendant’s father told this officer that his son absconded
with his work cell phone.
4. That all of the allegations in the attached Motion are true and accurate to the best of
his knowledge.
__________________________
Affiant
(Assigned SAO)
This _____ day of ___________
__________________________
Notary Public
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
MOTION TO INCREASE BAIL
Honorable Court, pursuant to 725 ILCS 5/110-6(b), to increase the bail of the defendant and in
support states as follows:
1. Defendant is charged with Aggravated Fleeing and Eluding a Police Officer (class 4
felony) in 13 CF 9999 and Retail Theft (class 3 felony) in 13 CF 9998.
2. On 12/29/13, Defendant’s bail was originally set at $15,000 (10% to apply) in 13 CF
9999 and $5,000 (10% to apply) in 13 CF 9998.
3. On, 1/12/13, Defendant’s motion to reduce bail was granted and bail was set at
$3,750 (10% to apply) for each file.
4. On 1/23/13, Defendant posted $350 in each of the above matters ($700 total) and was
released.
5. That 725 ILCS 5/110-6(b) provides for the increase of bail when defendant violates
the conditions of 725 ILCS 5/110-10; section 110(a)(4) provides that the conditions
of bail bond shall be that Defendant will not violate any criminal statute of any
jurisdiction.
6. While on bond in the present matters, on 3/22/06, Defendant committed Criminal
Trespass to a Vehicle, in violation of the 720 ILCS 5/21-2 of the Illinois criminal
code.
this Honorable Court enter an order increasing the bail on the above matters.
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
AFFIDAVIT
1. That he is employed as an Assistant State’s Attorney in the Office of the Kane
County State’s Attorney;
2. That he is assigned to prosecute the above mentioned case;
his knowledge.
__________________________
Affiant
This _____ day of ___________
__________________________
Notary Public
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
)
Defendant. )
MOTION TO REVOKE BAIL
Honorable Court, pursuant to 725 ILCS 5/110-6(f), to revoke the bail of the defendant and hold
the defendant for bail hearing, and in support states as follows:
1. Defendant is charged with Residential Burglary and Possession of Burglary Tools.
2. Defendant was released on bond after posting through a surety $35,000 on 4/26/10.
3. That 725 ILCS 5/110-6(f) provides that the court shall revoke the defendant’s bail on
the State’s or the court’s own motion where the alleged violation of bail consists of a
forcible felony.
4. That 720 ILCS 5/2-8 defines a forcible felony as an aggravated battery resulting in
great bodily harm or permanent disability or disfigurement.
5. While on bond in the present matter, Defendant violated the conditions of bail by
violating the criminal statute, Battery 720 ILCS 5/12-3(a)(1), while in Cook County,
Illinois.
6. During the commission of the battery in Cook County, the victim experienced great
bodily harm.
this Honorable Court enter an order, for now, revoking bail and set the above matter for bail
hearing.
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
)
JOHNNY DOE GARCIA. )
)
Defendant. )
AFFIDAVIT
1. That he is employed as an Assistant State’s Attorney in the Office of the Kane
County State’s Attorney;
2. That he is assigned to prosecute the above mentioned case;
his knowledge.
__________________________
Affiant
This _____ day of ___________
__________________________
Notary Public
File Stamp

of 3
14 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE )
)
Defendant. )
MOTION TO REDUCE BAIL
NOW COMES DEFENDANT by his attorney, SAMUEL PARTIDA, JR., pursuant to
725 ILCS 5/110-6(a), moves this Honorable Court to enter an order reducing Defendant’s bail.
In support consider:
1. That Defendant’s bail in this matter is set at $90,000 (10%) to apply. It is not
possible for Defendant or his family to meet the required bail.
2. Defendant is 29 years old and has resided in Kane County for his entire life.
3. If Defendant is released on a reasonable bail, Defendant will live with his
family.
4. Defendant currently resides at 123 Main Street, Common Town, IL, where
Defendant has lived for 9 years. If released upon reasonable bail, Defendant
would remain within the jurisdiction of this Court at the above address and
would appear in court each and every time so ordered.
5. Defendant is married and has provided for his spouse and 3 children for 10
years. Defendant’s youngest child is 3 years of age and has been diagnosed
with epilepsy. If Defendant remains in custody Defendant will lose
Defendant’s employment, and Defendant’s family would be without financial
and medical support.
6. Defendant has been employed at Big Company, Inc. for a period of 8 years
where Defendant works as a manager and has been steadily and reliably
employed.
7. Defendant has never forfeited a bond.
8. Defendant assures the Court that Defendant will provide the Court, and
attorney, with a current address at all times while this case is pending, so that
notices may be sent to Defendant.
File Stamp

of 3
9. The amount of bail was determined without consideration of past criminal acts
or conduct of the Defendant, who has no record of any convictions, felony or
misdemeanor, nor any arrests or convictions for violent behavior.
10. Bail has been set in this cause in an amount that is excessive in that Defendant
lacks the funds or means to meet the financial requirements of the set bail
without due regard for the provisions of 725 ILCS 5/110-2.
11. Immediately following the incident, Defendant voluntarily surrendered to the
police and did not flee nor attempt to hide from authorities. The present case
does not involve an offense for which a sentence of life imprisonment or death
penalty is sought by the State should Defendant be convicted of the offense
for which he is presently charged.
12. The Offense with which the Defendant is charged provides for the possibility
for probation, if Defendant were found guilty at trial.
13. 725 ILCS 5/110-5(b) provides that the amount of bail will be:
(a) sufficient to assure compliance with the conditions set forth in the
bail bond;
(b) not oppressive; and
(c) considerate of the financial ability of the accused.
14. The Defendant, being a person of limited income, could not afford a forfeiture
of any realty or cash deposited with the Clerk of this Court without irreparably
damaging and endangering the future financial stability of himself and his
family.
15. Under the Illinois bail provisions, the determination of the amount of bail and
conditions of release require the court to take into account the nature and
circumstances of the offense charged, the condition of the victim, the
likelihood of filing of a greater charge, the weight of the evidence against the
defendant, the defendant’s family ties, employment, financial resources,
character, past conduct, length of residence in the community, record of
convictions, flight to avoid arrest or prosecution, escape or attempted escape
to avoid arrest, or any record of a failure to appear at court proceedings. 725
ILCS 5/110-5.
16. The bail previously set is far beyond the financial means of Defendant and his
family.

of 3
17. The amount of bail previously set is not commensurate with the nature of the
offense charged in that that the charges involved do not include any violence
or danger of violence to any person or person, nor to their property, nor do the
police reports or the complaint mention any violence to any person or persons
or to their property.
18. By application of these standards to the present case, it is submitted that the
present bond is excessive and unreasonable. Nothing in the background,
history, or character of the defendant, nor the circumstances of his arrest or
the charged crime, suggest that Defendant must be incarcerated to ensure the
safety of the community. The defendant is charged with forgery. There are no
indications of any violent tendencies in his character and background. From
the information provided at the initial bail hearing, it was determined that the
offense alleged did not involve any acts of violence.
19. There are other factors that favor a substantial reduction in bail in this case.
The defendant has strong family ties, not only to his parents and his brothers,
but also to his own children and spouse. If released on bail, the defendant will
be able to return to his place of employment and continue working while his
case is pending. Additionally, Defendant’s three-year-old child suffers from
epilepsy and requires consistent medical appointments and medication.
WHEREFORE, Defendant respectfully requests that this Court enter an order reducing
bail to a reasonable amount, within the financial ability of Defendant and his family.
By:________________________________
Samuel Partida, Jr.
Attorney for Defendant

13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE, )
)
Defendant. )
MOTION TO REDUCE BAIL
NOW COMES DEFENDANT by his attorneys, SAMUEL PARTIDA, JR., pursuant to
725 ILCS 5/110-6(a), moves this Honorable Court to enter an order reducing Defendant’s bail.
In support consider:
1. That Defendant’s bail in this matter is set at $60,000 (10%) to apply, which to
Defendant is excessive, and Defendant lacks funds or other means to meet the
financial requirements of this bail.
2. Defendant was arrested on 10/21/13, and has been in continuous custody since
that date.
3. Defendant is 19 years old and has resided in Kane County his entire life; if
released on reasonable bail, Defendant would reside at 123 Smith Street,
Aurora, with his parents and within the jurisdiction of this court.
4. Defendant is single and has provided for his spouse and 3 children for 10
years. If Defendant remains in custody Defendant will lose Defendant’s
employment, and Defendant’s family would be without financial support.
5. Defendant has been employed at Major Big Company for a period of 3 years
where Defendant works as a manager and has been steadily and reliably
employed.
WHEREFORE, Defendant respectfully requests that this Court enter an order reducing
bail to a reasonable amount, within the financial ability of Defendant and his family.
By:________________________________
Samuel Partida, Jr.
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE, )
)
Defendant. )
MOTION TO MODIFY BOND CONDITIONS
725 ILCS 5/110-6(b)(14), moves this Honorable Court to enter an order modifying current bond
conditions. In support consider:
1. Defendant is charged with Domestic Battery (class 4 Felony).
2. Defendant is currently ordered to have no contact with listed victim, his
spouse, and is ordered to stay away from the family residence located at 1231
Main Ave, Small Town, IL 65555.
3. Since Defendant’s arrest in June of 2013, Defendant has stayed away from the
residence as ordered.
4. Defendant has personal property in the form of clothes and personal effects
and work related equipment that now is necessary for him to posses.
5. Defendant wishes to be allowed into his residence a single time, with police
escort, so that he may retrieve said personal and work related property that he
owns.
WHEREFORE, Defendant respectfully requests that this Court enter an order modifying
Defendants bond conditions as stated herein.
By:________________________________
Samuel Partida, Jr.
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE, )
)
Defendant. )
AFFIDAVIT
1. That he is a licensed attorney in the State of Illinois;
2. That he represents Defendant in this cause;
3. That he has received information from Defendant regarding information contained in
the motion before the court;
4. That all information provided herein is true and accurate to the best of his knowledge.
__________________________
Affiant
Samuel Partida, Jr.
This _____ day of ___________
__________________________
Notary Public
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE )
)
Defendant. )
MOTION TO SET BAIL
725 ILCS 5/110-6(a), moves this Honorable Court to enter an order allowing Defendant to post a
cash bond and the return of his Driver’s License. In support consider:
1. That Defendant originally posted his Driver’s License in this matter.
2. Defendant is charged with driving under the influence of an intoxicating
compound, under 625 ILCS 5/11-501(a)(3).
3. Currently, the State and defense are awaiting laboratory results which will
more specifically identify the contents in Defendant’s blood stream at the time
of his arrest. Defendant had a BAC of 0.00 at the time of his arrest.
WHEREFORE, Defendant respectfully requests that this Court enter an order allowing
Defendant to post a cash bond and order the Circuit to Return Defendant’s Driver’s License.
By:________________________________
Samuel Partida, Jr.
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE, )
)
Defendant. )
MOTION TO MODIFY EHM
725 ILCS 5/110-6(b)(14), moves this Honorable Court to enter an order modifying the electronic
home monitoring conditions that currently exist for Defendant. In support consider:
1. Defendant is charged with Unlawful Possession of a Controlled Substance
with Intent to Deliver (class 1 Felony).
2. On July 8, 2011, Defendant’s bail was reduced and modified allowing
Defendant to post $25,000 (10%) and be released to electronic home
monitoring (EHM).
3. There have been no violations of EHM to date and Defendant has paid all
EHM fees ordered.
4. Defendant lives with his extended family which includes his grandmother,
who has recently been hospitalized and now requires nursing and or separate
independent care that cannot be provided by Defendant at his home.
5. Therefore, Defendant prays that he be allowed to visit the General Name
Retirement Community Center at Main Street in Small Town, IL 6555 and the
Retirement Home Assisted Living Center, 3712 Elmwood Street in Big Town,
IL 60543 on Saturday, December 10, 2013 between the hours of 9 am and
12 pm.
WHEREFORE, Defendant respectfully requests that this Court enter an order modifying
Defendants EHM conditions to allow for time for Defendant to place his grandmother
inappropriate housing.
By:________________________________
Samuel Partida, Jr.
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE, )
)
Defendant. )
AFFIDAVIT
1. That he is a licensed attorney in the State of Illinois;
2. That he represents Defendant in this cause;
3. That he has received information from Defendant regarding information contained in
the motion before the court;
4. That all information provided herein is true and accurate to the best of his knowledge.
FURTHER AFFIANT SAYETH NAUGHT
__________________________
Affiant
Samuel Partida, Jr.
Subscribed and sworn before me this
______day of ________________, 2012.
________________________________
NOTARY PUBLIC
File Stamp

13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE, )
)
Defendant. )
MOTION TO EXONERATE BAIL
725 ILCS 5/110-6(a), moves this Honorable Court to enter an order exonerating Defendant’s
bail. In support consider:
1. That Defendant’s bail in this matter is set at $25,000 (10% to apply),
Defendant had posted the required bond.
2. Recently Defendant has been arrested and is currently in custody and being
held in Kane County Case number 13 CF 9999 where the Bail has been set at
$100,000 (10%).
3. There currently is no pending motion by the State to Revoke Bond in this
matter.
WHEREFORE, Defendant respectfully requests that this Court enter an order
exonerating his bail in the current matter.
By:________________________________
Samuel Partida, Jr.
Samuel Partida, Jr.
Attorney at Law
605 North Broadway Ave
Aurora, IL 60505
(630) 457-1478
partidasam@gmail.com
File Stamp

of 2
13 CF 0000
)
Plaintiff, )
)
vs. )
)
JOHN DOE, )
)
Defendant. )
MOTION FOR ATTORNEY FEES
NOW COMES DEFENDANT by his attorneys, THE GIL LAW GROUP, P.C., pursuant
to 725 ILCS 5/115-4.1(a), moves this Honorable Court to enter an order ordering the clerk of
circuit clerk to refund available bail proceeds to attorneys for attorney fees. In support consider:
1. That Defendant is charged with Predatory Criminal Sexual Assault of a Child
(X Felony) and Aggravated Criminal Sexual Abuse (2 Felony).
2. Defendant has posted $25,000 full cash bail in this matter.
3. Defendant has retained the professional services of The Greatl Law Group,
P.C. for services and representation rendered not including evidentiary
hearings nor trial fees.
4. Defendant did not have any other funds available for attorney fees, however,
he agreed to apply bail proceeds towards these additional attorney fees.
5. Defendant failed to appear in court for his final pretrial conference hearing;
and the court denied counsel’s motions to withdraw and to continue the trial
until Defendant could be located and brought to trial.
6. The court ordered Defendant’s trial to proceed in absentia; said trial
commenced to a full verdict from 9/9/13 to 9/11/13.
7. Defense counsel has incurred reasonable attorney fees in preparation for said
jury trial including the issuance of a subpoena decus tecum for privileged
material, hearing on State’s 115-10 hearsay statements, a motion to dismiss
indictment, and finally preparation for jury trial. Numerous court appearances
were required once evidentiary hearing preparation began.
File Stamp

of 2
8. Please consider Exhibit A, spreadsheet of costs and expenses.
9. 725 IlCS 5/115-4.1(a) provides that: “The court at the conclusion of all
proceedings, may order the clerk of the court to pay counsel such sum as the
court deems reasonable, from any bond monies which were posted by the
defendant with the clerk, after the clerk has first deducted all court costs.”
10. 725 ILCS 5/110-7(h) provides, in part: “if the accused does not comply with
the conditions of the bail bond the court…shall enter an order declaring the
bail to be forfeited…If the accused does not appear and surrender…within 30
days of the forfeiture…the court shall enter judgment for the State…”.
11. “When two statutes conflict, the more specific statute controls that which is
more general…In the context of this case, section 115-4.1(a) is considerably
more specific than section 110-7(h)…In the present instance, therefore,
section 115-4.1(a) being more specific than section 110-7(h) is controlling
here.” People v. Maya, 457 N.E.2d 501, 503-04, 119 Ill.App.3d 961 (1st Dist.
1983).
WHEREFORE, Defendant respectfully requests that this Court enter an order for attorney
reasonable attorney fees from posted bail bond funds.
By:________________________________
Samuel Partida, Jr.
Attorneys for Defendant
Samuel Partida, Jr.
Attorney at Law
605 North Broadway Avenue
Aurora, IL 60505
Office: (630) 457-1478
Fax: (630) 906-0147

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