WILL YOUR CRIME KEEP YOU IN JAIL BEFORE TRIAL?

          Even though Illinois abolished cash bail, you may still be held in jail before trial under certain conditions. 

            One reason a judge may deny pretrial release is if you pose a real and present threat to safety, and you are charged with a forcible felony. The law lists several forcible felonies, such as murder, along with a catch-all:  “any other felony which involves the threat of or infliction of great bodily harm or permanent disability or disfigurement.” 725 ILCS 5/110-6.1(a)(1.5).  An attorney may be able to argue that your offense does not fit this definition.   For example:

• In People v. Minssen,  the court held that defendant’s aggravated assault based on attempting to bite a police officer, without more, was not a forcible felony, because not all bites result in great bodily harm, permanent disability or disfigurement.

• In People v. Davis,  the defendant’s disorderly conduct based on transmitting a false report regarding a crime was not considered a forcible felony.

If you are facing pretrial detention or have been charged with a crime, contact an experienced attorney immediately.  An attorney, familiar with your courthouse, may best be able to show your judge that you are not a threat to safety or that your crime is not one that requires you be held in jail. 

 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.)