Description: Geneva, Illinois criminal Defense lawyer represented the Defendant charged with sexual assault.

On August 22, 2024, defendant was charged via complaint with 1 count of predatory
criminal sexual assault of a child (720 ILCS 5/12-14.1(a)(1) (West 2002)); 8 counts of aggravated criminal sexual assault (id. §§12-14(a)(2), (b)(ii) (West 2006)); and 28 counts of criminal sexual assault (id. §§12-13(a)(1), (3)) arising from allegations that defendant sexually assaulted his younger brothers, T.J. and B.J., between 1998 to 2006.

On September 27, 2024, the State filed a verified petition to deny pretrial release pursuant to section 110-6.1 of the Code. A hearing was held on the State's petition on October 1, 2024, and the trial court granted the State's petition to deny defendant pretrial release.

On November 6, 2024, defendant filed his "Motion to Reconsider Detention and Motion for Relief." On November 13, 2024, the trial court denied defendant's motion. The order contains the following language: "Defendant's petition for relief from detention is denied; the court finds the defendant's detention is necessary and to be continued."

* * *

Legal issue Can a trial court's decision to deny pretrial release be overturned without a complete record of proceedings on appeal?
Headnote

CRIMINAL PROCEDURE. SUFFICIENCY OF RECORD ON APPEAL. The case addresses the defendant's appeal from the denial of pretrial release, highlighting the legal principle that an incomplete record on appeal leads to a presumption that the trial court's order was in conformity with the law and had a sufficient factual basis.

CRIMINAL LAW. PRETRIAL RELEASE DENIAL. The court considered whether the State met its burden of proof to justify denial of pretrial release under section 110-6.1 of the Illinois Code of Criminal Procedure, where the defendant was charged with multiple counts of sexual assault and the trial court found detention necessary.

APPELLATE REVIEW. STANDARD OF REVIEW IN DETENTION CASES. The judgment discusses the applicable standards of review in detention decisions when live witness testimony is not presented, resulting in de novo review, as clarified by the decision in People v. Morgan.

Key Phrases Defendant pretrial release. Criminal sexual assault. Clear and convincing evidence. Burden to present. Standard of review.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: