People v. Farris

Defendant appealed from a trial court order granting the State’s second petition to deny pretrial release and ordering defendant detained pending trial. Defendant argued on appeal that the trial court erred in ordering him detained because the State lacked a statutory basis to file a second petition to deny pretrial release or, in the alternative, that the State failed to prove that defendant posed an unmitigable safety threat. The appellate court reversed, holding that a subsequent petition to deny pretrial release cannot be based on a subsequent non-criminal violation of pretrial release. The court remanded with direction that the circuit court release the defendant with or without modifications of his conditions of pretrial release. (VAUGHAN and BARBERIS, concurring)