New York, NY criminal defense attorney Gal Pissetzky talks about cash bail being abolished in Illinois and whether the public can be assured that those accused of crimes will return to court. Studies have consistently shown that cash bail is not an effective deterrent for ensuring court appearances. Instead, the true deterrent is found in the specific conditions of bond set by the court. The inability of an individual to initially pay the cash bond does not indicate that, if they manage to obtain the money, they are more inclined to flee. In essence, financial requirements alone do not prevent someone from absconding; it is the structured release conditions that are effective in this regard.

Judges may impose various bond conditions, such as electronic monitoring, travel restrictions, or the surrender of a passport, to reduce the risk of flight. These measures are designed to ensure compliance and prevent the individual from fleeing. In cases where the state believes that a defendant presents a significant flight risk, it may file a verified petition for detention. The judge then evaluates the evidence to determine whether any release conditions could adequately address the flight risk or potential danger posed to the community. If no suitable conditions are found, the judge may decide to detain the individual pending trial.