Defendant, who was charged with six offenses including attempted first degree murder, appealed from an order granting the State’s petition to detain. On appeal, defendant argued that the trial court erroneously determined that the proof was evident or the presumption great that he committed a detainable offense and that the State’s burden at the detention hearing included showing a likelihood of procuring a conviction if the matter were to proceed to trial. The appellate court affirmed, finding that the trial court did not abuse its discretion in finding that the proof was evidence or the presumption great that defendant committed the charged offense where it was based on a detailed factual proffer by the prosecution. (HARRIS and DeARMOND, concurring)
Illinois Appellate Court
Criminal Court
Pretrial Detention