Illinois Appellate Court
Criminal Court
Pretrial Fairness Act
Defendant appealed from a trial court order granting the State’s petition to deny him release under the Pretrial Fairness Act. Defendant argued on appeal that the State’s petition was untimely and that the trial court abused its discretion by ordering denial of his release. The appellate court affirmed, concluding that the State permissibly filed a petition to deny defendant pretrial release within 21 days of the trial court’s order to release him and that the trial court did not abuse its discretion by finding that the State met its burden of proving by clear and convincing evidence that the proof was evident that defendant had committed the crime of robbery. (FITZGERALD SMITH and COGHLAN, concurring)