People v. Taber, 2025 IL App (2d) 240562 (March). Episode 1104 (Duration 8:28)
Kane County case. Defendant has has his pretrial release revoked, this was affirmed.
[Read more…]Pre-Trial Detention Hearing Act – The Right Standard On Review
People v. Morgan, 2025 IL 130626 (February). Episode 1099 (Duration 4:52)
Mixed standard of review to be applied by appellate in Pre-Trial Detention hearing cases.
[Read more…]Pre-Trial Detention Hearing Act – Defendant Entitled To Day For Day Credit For Jail Sanction
People v. Seymour, 2025 IL App (2d) 240616 (January). Episode 1096 (Duration 4:14)
If defendant is sentenced to imprisonment as a sanction for violating pre-trial conditions, then he is entitled to day for day credit, under County Jail Good Behavior Allowance Act (Behavior Allowance Act) (730 ILCS 130/3).
[Read more…]Pre-Trial Detention Hearing Act – December 2024 Cases…Counting Your 90 Day Clock and You Can Be Detained On A Non Detainable Case
People v. Coe, 2024 IL App (5th) 240976 (December). Episode 1091 (Duration 7:49)
Exactly what standard does the state have to prove that suspect committed a new class A or felony?
Pre-Trial Detention Hearing Act – October 2024 Cases…
People v. Mikolaitis, 2024 IL 130693 (November). Episode 1080 (Duration 11:15)
The State’s burden of proof does not require it to specifically address every conceivable condition or combination of conditions and argue why each condition does not apply.
[Read more…]Pre-Trial Detention Hearing Act – September 2024 Cases…
People v. Clark, 2024 IL 130363 (September). Episode 1070 (Duration 11:28)
State’s petition to deny pretrial release to defendant in this case, which it filed on the same day defendant made his first appearance before a judge, complied with the timing requirements of section 110-6.1(c)(1).
[Read more…]Pre-Trial Detention Hearing Act – You Got About A Week To Do Hearing After Petitions Filed
People v. Silva, 2024 IL App (2d) 240118 (June). Episode 1054 (Duration 9:25)
Held on bond of $1,000,000 for 6 years on two charges of predatory criminal sexual assault. Then he filed a motion for pretrial release. They took 28 days to have the hearing and 100 days before judge ruled on denying it.
[Read more…]Pre-Trial Detention Hearing Act – There Will Be A Murder Suspect Who Is Not Detained
People v. Delaney, 2024 IL App (5th) 240231 (May). Episode 1049 (Duration 19:58)
The residual forcible felony clause in section 110-6.1(a)(1.5) does not require the State to prove defendant contemplated and was willing to use force sufficient to cause great bodily harm, permanent disability, or disfigurement.
[Read more…]Pre-Trial Detention Hearing Act – 72 Hour Rule Is Directory
People v. Green, 2024 IL App (1st) 240211 (April). Episode 1044 (Duration 9:01)
Section 110-6(a) of the Code lacks any negative language prohibiting further action in the event the hearing is not held within 72 hours of the filing of the State’s petition, nor are there any other specific consequences prescribed for the court’s failure to hold a hearing within the specified time frame.
[Read more…]Pre-Trial Detention Hearing Act – Of Course Judge Can Order Drug Tests
People v. Morales, 2024 IL App (2d) 230597 (March). Episode 1041 (Duration 10:29)
Judge can order drug testing as a condition of pre-trial release even though that is not specifically mentioned in the statue.
[Read more…]