DUI Arrest in Will County: What Happens Before Your Joliet Court Date
11/03/2026
If you or someone you love was arrested in Will County, the first question is usually when they can come home. Illinois changed the answer in 2023. Cash bail no longer decides it. A judge does.
We defend criminal charges in Will County. This guide explains how pretrial release works, what a detention hearing is, and what happens at the courthouse in Joliet.
Illinois ended cash bail on September 18, 2023, so a Will County judge decides whether you are released or held, not whether you can pay. Everyone charged is eligible for release before conviction. The State can ask to deny release only for listed offenses, and it must prove its case at a hearing.
Illinois law: 725 ILCS 5/110-2(opens in a new tab) and 725 ILCS 5/110-6.1(opens in a new tab). The Illinois Courts describe the change in their news on the Pretrial Fairness Act(opens in a new tab).
From Arrest to the Joliet Courtroom
After an arrest, a person is brought before a judge for a first appearance. In Will County, that is at the Will County Courthouse, 100 West Jefferson Street in Joliet. At that appearance the judge reads the charge and addresses release.
Our Will County Courthouse guide covers hours, security, and parking for families who plan to attend.
What the Judge Decides at the First Appearance
The first appearance is short, and a lot happens in it. In a typical Will County case, the judge:
- Reads the charge to the person arrested
- Addresses whether the person will be released, and on what terms
- Hears whether the State has filed a petition to deny release
- Sets the next court date
Families often wait in the gallery and do not know what they are watching. Knowing these four steps makes the hearing easier to follow.
The Starting Point Is Release
Illinois law says all persons charged with an offense are eligible for pretrial release before conviction. It presumes a person is entitled to release on personal recognizance. That means release on the condition that the person attends every court proceeding, does not commit a new offense, and follows the terms of release.
The presumption can be overcome only in a specific way. A judge may deny release only if the person is charged with an offense listed in the statute and only after a hearing.
When the State Asks the Court to Hold Someone
To keep a person in custody, the State must file a verified petition. The judge then holds a detention hearing.
At that hearing the State carries the burden. It must prove, by clear and convincing evidence, that the charge is serious enough to qualify. It must also show that the person poses a real and present threat to the safety of someone or the community, based on specific facts of the case.
The petition can be filed at the first appearance without prior notice, or within 21 calendar days after the arrest and release. The court holds the hearing right away unless a continuance is requested.
If a continuance is granted, the hearing must happen within 48 hours of the first appearance for first degree murder and Class X, 1, 2, and 3 felonies. For a Class 4 felony or a misdemeanor, it must happen within 24 hours.
What Conditions a Judge Can Set
A judge can attach conditions to release. The prosecution must prove, by clear and convincing evidence, that any condition is necessary. Every release comes with basic terms: attend every court date, avoid new charges, and follow any order of protection or no contact order.
If conditions change after release, an attorney can ask the court to review them. What the court will do depends on the facts and the charge.
What to Do in the First Days After a Will County Arrest
What to Do After a Will County Arrest
Five steps for the person arrested and for family members helping.
- Confirm the charge and the next court dateCheck the paperwork, look up the case in the Circuit Clerk's public schedule, or call the Clerk at (815) 727-8592.
- Speak with an attorney before the first appearanceA lawyer can explain what the judge will address and what the State may ask for.
- Gather the basic factsHave the full name, date of birth, the charge, and the court date ready for your attorney.
- Be careful what you say about the caseAssume anything said on a jail phone call or in a message can be heard by someone else.
- Attend every hearing once releasedRelease depends on appearing in court. A missed date can lead to a warrant.
The court lists the Will County Adult Detention Center at (815) 740-1250. Confirm the number before you call, since it can change.
If You Are Released and Miss a Court Date
Release is conditioned on appearing at every hearing. A missed date typically leads to a warrant. Our guide to what to do if there is a warrant out for your arrest explains the next steps.
Know your rights from the start. Our guide to your rights after an arrest in Illinois covers what to say and what not to say.
Questions About Pretrial Release in Will County
No. Illinois ended cash bail statewide on September 18, 2023. A judge now decides whether a person is released, with or without conditions, or held after a detention hearing.
If the State files a petition, the court holds the hearing right away unless a continuance is requested. If a continuance is granted, the hearing must happen within 48 hours for the most serious felonies and within 24 hours for a Class 4 felony or misdemeanor.
No. Release can be denied only if you are charged with an offense listed in the statute and only after a hearing where the State proves its case by clear and convincing evidence.
Yes, in some cases. The petition can be filed at the first appearance or within 21 calendar days after the arrest and release. Talk with an attorney right away if you are told one was filed.
Most are held at the Will County Courthouse, 100 West Jefferson Street, Joliet. Your paperwork shows the date, and the Clerk at (815) 727-8592 can confirm the room.
Start with the Will County Adult Detention Center. The court lists its number as (815) 740-1250. An attorney can also confirm the charge and the next court date.
You can ask for a public defender if you are charged with an offense that carries possible jail time. You can also speak with a private attorney before the appearance. Either way, the first appearance is when release is decided.
Ready to Talk About a Will County Arrest
You will speak with an attorney, not an intake screener. Tell us what the charge is and when the first appearance is, and you will get a straight read on what the court will address.
Call our Frankfort office at (815) 384-0050 or reach out through our contact page.
This page is general information about Illinois law and is not legal advice. Release decisions depend on the charge, the facts, and the judge. Speak with an attorney about your situation.
