Illinois Appellate Court
Criminal Court
Pre-Trial Fairness Act
Defendant was arrested and charged with stalking and two counts of criminal damage to property and the trial court granted the State’s petition to detain under the Pre-Trial Fairness Act. Defendant appealed and argued that the trial court abused its discretion in granting the petition to detain. The appellate court reversed and remanded, finding that the evidence presented did not show that defendant continued to be a threat to the victim or that there were no conditions that could be placed on his release where charges were filed seven months after the incident giving rise to the charges, no additional incidents had occurred, and where defendant no longer lived in close physical proximity to the victim. (McDADE and HOLDRIDGE, concurring)