16 results for 'cat:"Firearms" AND cat:"Bail"'.
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. 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. 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
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
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. 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. Van Tine finds that the lower court properly granted the state's petition to deny defendant pretrial release on charges of being an armed habitual criminal and reckless discharge of a weapon after firing a revolver at people at a gas station. The court reasonably found that defendant's conduct shows he poses a threat to the community and that even electronic monitoring would mitigate that threat. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: March 1, 2024, Case #: 232453, Categories: firearms, bail
J. Lampkin finds that the lower court properly denied defendant pretrial release on charges of armed violence and unlawful use of a weapon by a felon. There is strong evidence supporting the state's case that defendant threatened his landlord with a gun while in possession of crack cocaine. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 8, 2024, Case #: 232336, Categories: firearms, 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
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. Lampkin finds that the lower court erred in denying defendant pretrial release on his charge of aggravated battery/discharge of a firearm. Defendant has no criminal record and believed his wife, who was divorcing him, had left the house when he discharged the gun. While his behavior was dangerous, even defendants accused of violent offenses are presumed eligible for pretrial release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: December 18, 2023, Case #: 231753, Categories: firearms, bail
J. Van Tine finds that the lower court properly granted the state's petition for pretrial detention. The state sufficiently showed that defendant poses a real and present threat to the safety of the community given that his prior convictions, although more than seven years old, are both violent crimes. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: December 18, 2023, Case #: 231856, Categories: firearms, bail
J. Forbes finds the trial court properly convicted the individual for aggravated murder, murder and felonious assault with all counts with carrying a firearm. “It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.” All bail pending appeal is terminated. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: October 19, 2023, Case #: 2023-Ohio-3790, Categories: firearms, Murder, 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