8 results for 'cat:"Assault" AND cat:"Bail"'.
J. Cate finds that the lower court improperly denied defendant pretrial release on charges of aggravated assault without considering the mandatory conditions for his release. The offense as charged is not a detainable offense, and defendant was not charged with aggravated stalking or attempted domestic battery. Reversed.
Court: Illinois Appellate Court, Judge: Cate, Filed On: May 28, 2024, Case #: 240353, Categories: assault, bail
J. Jorgensen finds that the lower court properly denied defendant's pretrial release on charges of aggravated criminal sexual assault. Defendant attempted to strangle his girlfriend about 50 times, held a knife to her throat, and refused to let her leave the house. While the girlfriend consented to have sex with him, it was only after she had been beaten for five hours and was in fear for her life. The evidence supports a finding that no GPS monitoring would sufficiently address the victim's safety concerns. Affirmed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: May 17, 2024, Case #: 240124, Categories: assault, bail
J. Waples finds that the trial court's $5,000 bond was improperly imposed as a condition of the defendant’s release after he had made direct threats to kill witnesses and police. He was originally given a $130 cash bail or surety. The bond is struck because he has a record of appearing before the court and lacks financial resources; the matter is remanded to reset bond at a reasonable amount. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 16, 2024, Case #: 24-AP-090, Categories: Criminal Procedure, assault, bail
J. Hutchinson finds that the lower court properly revoked defendant's pretrial release on charges of attempted aggravated assault. Defendant was released on the condition he not commit any additional offenses, and was charged with an additional violent offense for punching a minor only 12 days later. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: February 15, 2024, Case #: 230504, Categories: assault, bail
J. Moore finds that the lower court properly denied defendant's request for pretrial release based on his charge of aggravated discharge of a firearm. Defendant, a felon, allegedly was the target of gunshots, then went home, got a gun, returned to the scene, and fired back when he was shot at again. Given the planning that went into defendant's actions, the state has a strong case that defendant poses a real and present threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 5, 2024, Case #: 231002, Categories: Firearms, assault, bail
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J. Vaughan finds that the lower court properly granted the state's petition to deny defendant pretrial release after he was charged with home invasion. Defendant has a history of not appearing for court dates, tried to dig out of his cell at the county jail, and asked his girlfriend to research locations that will not extradite him. Further, he remains a threat to the people whose home he entered with a firearm threatening to kill someone. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: December 21, 2023, Case #: 230970, Categories: assault, bail
Per curiam, the Vermont Supreme Court finds that the trial court properly denied bail after inmate was charged with two counts of aggravated domestic assault. The inmate is a habitual offender and faces a possible life sentence. The relevant factors were properly weighed in determining that he was a “flight risk” and holding him without bond was necessary for public protection. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 1, 2023, Case #: 23-AP-364, Categories: assault, bail
J. Worthen finds the trial court improperly denied defendant's pretrial application for writ of habeas corpus seeking a bond reduction on his charge for aggravated assault with a deadly weapon. The 17-year-old high school student was accompanied by his mother when he turned himself in and his bond was set at $500,000. The court abused its discretion by denying the request for bail reduction. The amount is unsupported by the evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: September 20, 2023, Case #: 12-23-00159-CR, Categories: assault, bail