People v. Martin, 2024 IL App (4th) 240629 (December). Episode 1093 (Duration 10:19)
We see no reason why only the State, and not the victim, should be able to pursue contempt actions in a criminal case where restitution is ordered.
[Read more…]Escape Hatch Applies To Drug Induced Homicide Conviction
People v. Hoffman, 2023 IL App (2d) 230067 (December). Episode 1021 (Duration 9:30)
The escape hatch was created by legislators to give trial judges a chance to deviate from mandatory minimums and impose a sentence to get the defendant back to functioning in society as quickly as possible.
[Read more…]Restitution Record Should Include Amount, Ability to Pay, & Payment Schedule
People v. Hutt, 2022 IL App (4th) 190142 (January). Episode 872 (Duration 5:09)
If you are going to hearing on sentencing that includes restitution don’t forget proof of the amount, defendant’s ability to pay, and the exact payment schedule.
[Read more…]Remember To Make A Restitution Record Says lllinois Supreme Court
People v. Birge, 2021 IL 125644 (February). Episode 871 (Duration 3:56)
If you’re going to a full restitution hearing remember to enter something on restitution.
[Read more…]Restitution Findings Must Be Supported By The Record But Judge Need Not Make Express Findings
People v. D’Alise, 2022 IL App (2d) 210541 (January). Episode 857 (Duration 9:53)
Also, Illinois courts believe a defendant should not be allowed to profit from his crimes.
[Read more…]