12 results for 'cat:"Drug Offender" AND cat:"Bail"'.
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. Zenoff finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release conditions based on his arrest for meth possession. The state's petition to revoke defendant's probation did not allege that defendant committed a new criminal offense, so defendant was entitled to pretrial release pending the hearing on this petition. Vacated.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: February 28, 2024, Case #: 231524, Categories: drug Offender, bail
J. Brennan finds that the lower court improperly granted the state's untimely petition to deny defendant pretrial release on drug charges. The state's petition was due 21 days after defendant's arrest, but it was not filed until 51 days later. Vacated.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: February 26, 2024, Case #: 230728, Categories: drug Offender, bail
J. Wright finds the trial court properly convicted defendant for money laundering following a traffic stop, during which the officer observed marijuana residue in defendant's vehicle and found drugs and $93,000 in cash. The trial court denied defendant's motion to set bail pending the resolution of his appeal. Because of the nature of the offense, and defendant's arrests before and after his arrest here, the trial court reasonably found he would likely commit another offense and properly denied bail. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-23-00115-CR, Categories: drug Offender, bail, Money Laundering
J. Moore finds that the lower court improperly granted the state's request to deny defendant pretrial release based on charges of intent to distribute meth. The state's motion to deny bail was untimely, and that error affected defendant's substantial rights. Vacated.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 25, 2024, Case #: 231051, Categories: drug Offender, bail
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J. Hull finds that the trial court properly consolidated three cases against defendant that each included the possession of methamphetamine with intent to sell. Uncharged act drug and firearm evidence found during a search was within the trial court's discretion to admit. However, it was error to impose more than one enhancement for an offense defendant committed while on bail. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: January 22, 2024, Case #: C096740, Categories: drug Offender, Sentencing, bail
J. Boie finds that the lower court properly granted the state's petition to deny defendant pretrial release based on his charged offense of armed violence. Defendant's selling of crack cocaine posed a danger to others in the community who may purchase and use those dangerous drugs, and poses a risk to others due to the inherent violent present in the drug trade. Affirmed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: December 21, 2023, Case #: 230714, Categories: drug Offender, Firearms, bail
J. Eaton finds that the trial court improperly imposed a release condition on defendant, who was charged with false pretenses and violating conditions of release on prior charges. He was ordered to attend court and engage in drug rehabilitation treatment. The court did not prove that was a reasonable measure to protect the public or mitigate a flight risk. Reversed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: September 26, 2023, Case #: 23-AP-288, Categories: drug Offender, Sentencing, bail
J. Christiansen Forster finds that the trial court properly denied defendant bail. Substantial evidence supported his felony drug charge for fentanyl distribution, he is likely to continue selling fentanyl, which poses a danger to the community due to its deadliness, and he is a flight risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: August 31, 2023, Case #: 20230303-CA, Categories: drug Offender, bail
J. Traynor finds that defendant was properly denied bail following his second arrest for dealing drugs, this time while possessing a loaded firearm, because the bail statute meets substantive due process requirements by "advancing the State's compelling interests in protecting community safety and reducing risk flight." Defendant's guilty plea mooted his appeal, but the issue concerns a matter of public importance. In setting unaffordable cash bail for pretrial detention, the state must present clear and convincing evidence of defendant's flight risk or danger to the community. Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: August 30, 2023, Case #: 144, 2022, Categories: drug Offender, Firearms, bail
J. Brown finds the circuit court properly entered a $300,000 bond forfeiture judgment after defendant, whose appearance on multiple drug, firearm and terrorism charges was secured by the bond failed to appear. The bondsman argues that since “law enforcement willfully [decided] that extradition would not be authorized if the individual [was] located in another state,” the state didn’t make every reasonable effort to apprehend defendant. The bondsman cites no authority for its assertion that listing defendant as nonextraditable constitutes an unreasonable effort to apprehend. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: August 30, 2023, Case #: CV-22-401, Categories: drug Offender, bail, Extradition