112 results for 'cat:"Bail"'.
Per curiam, the appeals court finds the trial court made no error in denying defendant's motion for a pretrial bond in the case in which he and another person are charged with the premeditated murder of a law enforcement officer. Even though defendant's co-defendant was granted pretrial bond, the evidence in the case, including testimony from a detective saying the co-defendant was not the shooter, supports the trial court's findings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 8, 2024, Case #: 24-0350, Categories: Murder, bail
J. Vaughan finds that the lower court improperly denied the state's petition to deny defendant pretrial release on charges of unlawful possession of a stolen vehicle. The defendant fled from police in the stolen vehicle, driving over spike strips and into oncoming traffic, hitting another car in a head-on collision before stopping. The state was not required to prove defendant was willing to use force necessary to cause great bodily harm. Reversed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: May 8, 2024, Case #: 240231, Categories: bail, Vehicle
J. Walker finds that the lower court properly granted the state's petition for pretrial detention of defendant on charges of unlawful possession of a weapon by a felon. Defendant was on parole for armed robbery when he was caught in possession of a loaded firearm in violation of the terms of his parole. Having disregarded the conditions of his release, the court reasonably found defendant could be a danger to the public. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 240154, Categories: Firearms, Robbery, bail
J. Navarro finds that the lower court improperly ordered defendant detained while awaiting trial on armed robbery charges. The prosecutor failed to tender the police report from defendant's prior aggravated unlawful use of a weapon case to defense counsel so defendant is entitled to a new bail hearing. Reversed.
Court: Illinois Appellate Court, Judge: Navarro, Filed On: May 1, 2024, Case #: 240299, Categories: Robbery, bail
J. Lampkin finds that the lower court properly denied defendant's request for pretrial release on child pornography charges. Defendant repeatedly victimized vulnerable children within the privacy of his own home, and the court reasonably determined it could not effectively impose a "no internet" condition if defendant were released on bail. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: May 1, 2024, Case #: 240422, Categories: bail, Child Pornography
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the Vermont Supreme Court finds that the lower court properly held the defendant without bond pending trial for sexual assault without consent. Defendant’s confession that he did try to penetrate his live-in girlfriend’s anus and her sworn statements were enough evidence to hold him without bond. He argues that his due process was violated when the weight of the evidence hearing was delayed, but he did not preserve that objection for review. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 30, 2024, Case #: 24-AP-098, Categories: Sex Offender, bail, Due Process
J. Schostok finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of aggravated unlawful use of a weapon. The firearm, gun parts, and ammunition found at defendant's house sufficiently show that he posed a danger to the community and no condition of release could mitigate that risk. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: April 30, 2024, Case #: 240077, Categories: Firearms, bail
J. Doherty finds that the lower court properly denied defendant pretrial release on charges of unlawful possession of a weapon by a felon based on his threats to kill his girlfriend. While electronic monitoring could alert law enforcement if he violated a home confinement restriction, it would not provide the girlfriend any protection if defendant wanted to make good on his threat. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: April 29, 2024, Case #: 240248, Categories: Firearms, bail, Domestic Violence
J. Albrecht finds that the lower court properly denied defendant pretrial release on charges of aggravated battery and armed robbery. Defendant planned to commit the robbery, and text messages indicated his pride in having shot his victim. The court reasonably found that no conditions would mitigate the threat defendant posed to the community. Affirmed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 29, 2024, Case #: 240046, Categories: Firearms, Robbery, bail
J. Lampkin finds that the lower court improperly granted the state's motion to detain defendant pending trial on charges of armed violence and possession of a controlled substance, followed by new charges of domestic violence committed while he was on bail. The state's petition was untimely, as it was not filed within 21 days of defendant's arrest. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: April 25, 2024, Case #: 232351, Categories: bail
J. Zenoff finds that the lower court properly granted the state's petition to detain defendant before trial on charges of murder and possession of a firearm by a felon. Defendant is charged with multiple offenses, and the trial court did not err in finding the presumption great that he committed the charged offenses. Affirmed.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: April 24, 2024, Case #: 240187, Categories: Murder, bail
J. Smiley finds that the trial court did not exceed its jurisdiction when it entered summary judgment against a bail bond surety. An already extended exoneration period had expired, the bond had been forfeited and the trial court then waited until after it denied defendant's motion to vacate forfeiture to enter summary judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Smiley, Filed On: April 22, 2024, Case #: A166580, Categories: Criminal Procedure, Robbery, bail
J. Hutchinson finds that the lower court properly ordered defendant detained prior to trial on charges of aggravated DUI as a danger to the community. Defendant is responsible for the death of a mother and infant in a car accident, and never turned himself in on the warrant for his arrest until he was arrested on unrelated drug charges. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: April 22, 2024, Case #: 230489, Categories: bail, Dui
J. Peterson finds that the lower court properly granted the state's three petitions to deny defendant pretrial release on multiple drug charges. The record shows that defendant was charged with new criminal offenses while on probation for other charges, indicating he was at high risk of reoffending. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 17, 2024, Case #: 230782, Categories: Drug Offender, 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. Doherty finds that the lower court properly denied defendant pretrial release on domestic violence charges. The state presented evidence of defendant's past violent misconduct while on probation in support of its position that no set of conditions could make it safe for the victim to allow defendant's release on bail. The court was not required to address defendant's recent diagnosis of bipolar disorder when making its decision. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: April 12, 2024, Case #: 240103, Categories: bail, Domestic Violence
J. Cobbs finds that the lower court properly revoked defendant's pretrial release on misdemeanor charges of endangering the life of a child. Defendant got drunk while taking care of his child, allowing the child to get hold of a loaded gun and shoot himself in the foot. Then, while on pretrial release, he lied to officers about whether he had a gun when police responded to a domestic disturbance call. The court reasonably found that no condition of release such as electronic monitoring would prevent defendant from getting another gun. Affirmed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: April 11, 2024, Case #: 240211, Categories: Firearms, bail
J. Holdridge finds that the lower court properly denied defendant's request for pretrial release on attempted murder and battery charges. Defendant attacked his victim with a knife and stabbed him multiple times. While defendant was prescribed antipsychotic medicine after his arrest, he told the court he was not taking his medication, indicating that he was unlikely to follow conditions placed on him by the court and remained a threat to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Holdridge, Filed On: April 11, 2024, Case #: 230791, Categories: Murder, bail
J. Hyman finds that this appeal challenging a provision permitting the trial court to impose jail time as a sanction for violation of a pretrial condition of release must be dismissed for lack of jurisdiction. Defendant argues she should be given credit against her future prison sentence, if convicted, for this jail time. However, she filed her petition as an appeal from an order denying pretrial release, and cannot explain how the denial of jail time credit fits within this category.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: April 10, 2024, Case #: 240031, Categories: Criminal Procedure, bail
J. Vaughan finds that the lower court properly revoked defendant's pretrial release based on his arrest for disorderly conduct while on release. The record shows that defendant has repeatedly been charged with domestic violence against family members, who are unable to control his mental health or substance abuse issues, and these incidents are escalating in severity making him a danger to others when released. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: April 9, 2024, Case #: 240120, Categories: bail, Domestic Violence
J. Hutchinson finds that the lower court properly denied defendant's request for pretrial release on domestic violence charges. Defendant has a significant criminal history of assaultive conduct, and it was reasonable to find no pretrial conditions could mitigate defendant's danger to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: March 28, 2024, Case #: 230476, Categories: bail, Domestic Violence
J. McDade finds that the lower court properly denied defendant's request for pretrial release on charges of violating a stalking no-contact order. Defendant called the victim and attempted to unlawfully enter her home, showing that he remains a danger to her. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 26, 2024, Case #: 230758, Categories: bail, Threats
J. Lohier finds that the district court improperly held on remand that immigration officials had detained defendant in bad faith after he was ordered released under the Bail Reform Act pending criminal trial. A general rule established in the interim permits detention of criminal defendants ordered released under the Act, and the record did not indicate defendant's detention had been pretextual or geared toward prosecution rather than deportation. Reversed.
Court: 2nd Circuit, Judge: Lohier, Filed On: March 22, 2024, Case #: 17-3904-cr, Categories: Immigration, bail
Per curiam, the Vermont Supreme Court finds that the criminal division properly granted a man’s request for modification of bail by vacating two conditions of release. The state argues the criminal division’s interpretation of the Vermont Constitution was wrong when the conditions did not equate to holding the man without bail. The court does not see a constitutional argument because the record supports the decision. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: 24-AP-060, Categories: Constitution, bail
J. Hutchinson finds that the lower court properly found that defendant is not entitled to credit against his sentence for time spent confined at home while on bond, but improperly summarily dismissed his postconviction petition. Time spent on home supervision as a condition of pretrial release is not required to be credited against his sentence. Affirmed in part.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: March 20, 2024, Case #: 230099, Categories: Firearms, Sentencing, bail
J. Schostok finds that the lower court improperly denied defendant pretrial release on charges of aggravated fleeing and identity theft. There was not sufficient evidence to support the trial court's determination that defendant posed a high likelihood of willful flight to avoid prosecution. Reversed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: March 19, 2024, Case #: 240015, Categories: bail, Escape, Identity Theft
J. McBride finds that the lower court properly denied defendant's request for pretrial release on charges of being an armed habitual criminal and unlawful use of a weapon. Defendant had prior convictions for attempted murder and was on parole at the time of his arrest. With this evidence, the state met its burden of providing defendant poses a real threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 19, 2024, Case #: 232482, Categories: Firearms, Parole, bail
J. Hyman finds that the lower court improperly denied defendant's request for pretrial release on charges of reckless homicide. The state fails to acknowledge the pretrial service's recommendation that defendant be released with monitoring, or defendant's cooperation with the investigation. The state has therefore failed to show that there is no condition with which it can mitigate the threat of releasing defendant before trial. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 19, 2024, Case #: 232245, Categories: bail, Vehicular Homicide
J. Boie finds that the lower court improperly denied defendant's petition for pretrial release on child pornography charges. There is no provision permitting the court to sua sponte consider the denial of pretrial release absent the state's filing of a verified petition. Reversed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: March 19, 2024, Case #: 240041, Categories: bail, Child Pornography
J. Lampkin finds that the lower court improperly denied defendant pretrial release on attempted murder charges. The state failed to file a petition for detention at defendant's first appearance or within 21 days of his arrest and release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: March 18, 2024, Case #: 232479, Categories: Murder, bail