People v. Maxwell

Defendant appealed from the circuit court’s order granting the State’s petition to deny pretrial release, arguing that the petition was untimely because it was filed months after his first appearance and that the State failed to prove by clear and convincing evidence that no conditions could mitigate any threat he posed. The appellate court affirmed, explaining that the first appearance occurred under the Juvenile Justice Act and that it was not until the matter was transferred to criminal court that the provisions of the Pretrial Fairness Act were triggered. The appellate court further found that the trial court did not err in finding that no conditions would prevent defendant from continuing to be a threat based on his gang affiliation and prior adjudications. (PETERSON and ANDERSON, concurring)