ILLINOIS LAW ON PRETRIAL RELEASE—ARE YOU A REAL AND PRESENT THREAT?

Illinois abolished cash bail as of September 2023. However, a judge may still hold you in jail if the state shows: (1) proof is evident or the presumption great that you committed a detainable offense, (2) you pose a threat to the victim or community or you are a flight risk, and  (3) no combination of conditions could lessen this threat or the risk of flight.

An attorney can dispute the state’s evidence of the above conditions.  Did your offense fit the definition of detainable? Are you still a threat to the victim?  Would some combination of conditions lessen that threat?

For example, in People v. Crawford, the defendant was charged with stalking.  However, the appellate court found little evidence that the defendant was still a threat.  In the seven months before charges were filed, defendant had complied with an order of protection, had moved far from the victim and had a baby coming with a new woman.

 If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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