People v. Challans

Illinois Appellate Court
Criminal Court
Pretrial Release
Citation
Case Number: 
2024 IL App (5th) 240353
Decision Date: 
Tuesday, May 28, 2024
District: 
5th Dist.
Division/County: 
Christian Co.
Holding: 
Reversed and remanded.
Justice: 
CATES

Defendant appealed from an order of the trial court denying pretrial release, arguing that the circuit court erred because defendant was not charged with a detainable offense as provided in section 110-6.1(a) of the Code of Criminal Procedure. The appellate court reversed, finding the trial court erred because defendant, who was charged with aggravated assault, was not charged with a detainable offense. The appellate court remanded for a new hearing to allow the circuit court to consider the mandatory conditions for defendant’s pretrial release under section 110-10 and to impose any additional conditions necessary to ensure defendant’s appearance as required for the safety of the community. (WELCH and SHOLAR, concurring)