People v. Kurzeja

Illinois Appellate Court
Criminal Court
Pre-Trial Release
Citation
Case Number: 
2023 IL App (3d) 230434
Decision Date: 
Friday, December 8, 2023
District: 
3d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
DAVENPORT

Defendant appealed from a trial court order granting the State’s petition to detain and the denial of defendant’s motion to remove the monetary condition of his bond, arguing that the State lacked the authority to move to revoke a previously set bond for a detained defendant and that the State failed to prove that no conditions could mitigate any threat that he posed. The appellate court affirmed, finding that the State was permitted under the language of the Pre-Trial Fairness Act to file a responsive pleading and that the trial court did not abuse its discretion where defendant threatened to commit a violent act, had a previous arrest for battery, and was not taking medicine necessary to treat a mental health disorder.  (HOLDRIDGE and HETTEL, concurring)