Source of Funds Hearings
When a person is arrested and charged with certain drug crimes, the bail requested for his or her release from jail pending trial can be extremely high, if it is granted at all. This usually applies to certain charges for drug amounts with extremely high street values. If you manage to provide the needed funds to post bail despite the high amount, and the State’s Attorney’s Office, through the prosecutor, reasonably suspects that the funds for your bail come from potentially illegal sources, he or she can request a source of funds hearing. The state is allowed to initiate this hearing because the assumption is that a person arrested for selling large amounts of drugs is a career drug criminal, and any money provided for his or her bail is the fruit of the illegal drug activity.
How the Process Works
The State’s Attorney’s Office starts the process by filing a written motion with the court, before or after the bail money is presented, asking the judge to inquire as to the source of the money you are providing. If the hearing is before the bail is posted, you have to provide affidavits confirming the legal source of your bail funds, and information on any sureties. A surety is a person who signs a bail bond and promises to pay bail on your behalf if you, as the accused, do not fulfill any of the conditions of the bond. Illinois is one of a few states that do not allow bail bondsmen, so you cannot count on one as a surety.
During the source of funds hearing, in addition to going over the information provided in the affidavits, the judge can ask about the following information:
- The reputation, background, character of a surety, and relationship to the accused;
- The reputation, background, character, and relationship to the accused, of anybody posting cash bail on your behalf;
- The source of any money provided by a surety on your behalf, and whether the money is from illegal sources;
- The source of any cash posted for your bail and whether it is from illegal sources; and
- Any additional information the judge deems relevant to his determination of the legality of the source of funds.
The process is similar if you have already posted bail when the hearing is requested. After the hearing, if the judge is satisfied that the funds used to post bail are from legitimate sources, you may be allowed to post bail and be released pending trial.
Contact a Criminal Defense AttorneyIf you are arrested and charged with the manufacture or possession with intent to deliver large amounts of a controlled substance, you need to have a zealous Naperville criminal defense attorney by your side. If the State’s Attorney’s Office requests a source of funds hearing, you need to be ready and prepared to present the right evidence to prove to the court that the money is from legal sources. An experienced attorney can guide you through this process. Contact an experienced criminal defense attorney from Law Office of Glenn M. Sowa, LLC for a consultation.