in dupage co. il. anyone know the procedure if one is in co. lock up?

Question

someone i know was brought in on ordinace warrants, saw the judge this am.,can't pay fines so has to stay at county. my q is this-if you can't pay the fines,do you stay til you can or do you go before the judge again and given more jail time instead?

Answer 1

There is a process called habeus corpus. They can put you in jail for suspicion of a crime and on warrants. However, they can't keep you there indefinately. You have to be allowed access to a judge and to a lawyer and in a timely manner. This doesn't mean quickly however. This is called due process.

You essentially have hit the nail on the head. If you can't pay the fines you stay there until your court date. At that court date the Judge may hand down a sentence. That sentence could be for more jail time which may or may not take into account time already spent in jail, they may suspend the sentence and let the individual work off the fines by doing community service, the judge may work out a payment schedule for the individual to pay the fines off, and there is even the possibility of the individual being found innocent, though from what you've said it is unlikely.

If the charges are criminal and the individual can not afford a lawyer one will be appointed for them. That individual, in my opinion, should ask repeatedly for a lawyer if the charges are criminal.

Those are, in my mind, the most likely possibilities.