People v. Vingara

Illinois Appellate Court
Criminal Court
Pretrial Release
Citation
Case Number: 
2023 IL App (5th) 230698
Decision Date: 
Monday, November 13, 2023
District: 
5th Dist.
Division/County: 
Coles Co.
Holding: 
Order vacated, cause remanded.
Justice: 
CATES

Defendant appealed from a trial court order granting the State’s petition to deny release under the SAFE-T Act, arguing that the Act did not allow the State to file a verified petition to deny pretrial release in a case where the defendant remained in custody after having been ordered released on the condition of depositing security. The appellate court vacated the order and remanded with instructions that the defendant, who was arrested prior to the enactment date of the Act, be allowed to elect to stand on the terms of his original pretrial conditions or to file a motion for a hearing under the Act. (WELCH and MOORE, concurring)