You were charged with a relatively minor felony. The state did not ask the court to hold you in jail before trial, and you have been out on pre-trial release. But you got into trouble again, and this time, the state wants you behind bars.
Can they revoke your freedom? The answer is yes, under certain conditions.
Under 725 ILCS 5/110-6, your pretrial release may be revoked after a hearing if you are charged with a felony or Class A misdemeanor that allegedly occurred during your release. Your release may also be revoked if you violate a protective order or were previously convicted of violating a protective order and the subject of that order is the same person as the victim in the current underlying matter. The State must file a verified petition seeking to revoke your release.
You may be held in custody while waiting to be transferred to the court where the previous offense is pending. You must be transferred without unnecessary delay and the hearing must occur within 72 hours from filing the State’s petition or the court’s motion to revoke release.
Your hearing must be in person unless you waive the right to be physically present, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered, or there are operational challenges to an in person hearing, which the chief judge has documented and approved.
You also have the right to an attorney and the opportunity to be heard. The court must consider all relevant circumstances, including the nature and seriousness of your crime. The state must show by clear and convincing evidence, that no combination of conditions of release would reasonably ensure your appearance for later hearings or prevent you from committing another crime.
If the case causing your revocation is dismissed, you are found not guilty or you complete sentencing on it, the court shall, without unnecessary delay, hold a hearing and release you with or without changing your conditions of release.
If you were previously granted release on charges below a Class A Misdemeanor but you are later charged with a Class A misdemeanor or felony, the court may not revoke your pretrial release but may impose sanctions.
If you are facing a detention hearing, contact an experienced attorney immediately. An attorney, who is familiar with your courthouse, can help you present your case for pretrial release before your specific judge in its most favorable light.
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.)
