Defendant Charged with Home Invasion Denied Pretrial Release Under SAFE-T Act

There are a lot of cases before the appellate court concerning Illinois’ recently passed SAFE-T Act. The Act did away with cash bail and gave judges discretion on who can and cannot be released prior to their trial. Today, hearings are held on whether or not the defendant can be released while they are awaiting trial. The prosecution makes arguments in favor of holding the defendant while the defendant’s attorney makes arguments in favor of releasing them. In the end, the judge decides whether the defendant is released and what restrictions the defendant will have placed on him during his pre-trial release.

One example is the case of People v. Morrissey. In this case, the defendant was charged with one count of Home Invasion (a Class X felony) and one count of Residential Burglary. The state filed a verified petition to hold the defendant and deny him pretrial release.

Background of the case 

During the hearing to determine the defendant’s pre-trial release, the state called the victim to the stand. The victim testified that he would occasionally do the defendant’s laundry for him. On one occasion, the defendant arrived at the victim’s home to pick up his laundry. After collecting the laundry, the victim drove the defendant back to his apartment. About 15 minutes after he arrived home, the victim found the defendant in his garage. The victim testified that the defendant accused the victim of lying to him and the defendant believed that the victim had his mother’s dresser and that he wanted “all the gold and jewels and lottery tickets back.” The victim responded that he had no clue what the defendant was talking about. At this point, the defendant began beating the victim with a beer bottle. The victim told the defendant he had his stuff in the attic and retrieved a suitcase. While the defendant was going through the suitcase, the defendant ran into his home and barricaded the door. The defendant was able to gain access to the house, so the victim fled. When the victim returned with police, he noted that several items were missing from his home. According to the victim, the defendant returned several times to his house.

According to a pretrial investigation report, the defendant scored the highest likelihood of reoffending on the Virginia Pretrial Risk Assessment. Ultimately, the court found in favor of the prosecution finding that the defendant was at high risk of reoffending or not complying with court proceedings and ordered him held during pre-trial.

The defendant attempted to appeal his pre-trial incarceration on the grounds that the state failed to meet its burden of proof that no condition or combination of conditions could mitigate the real and present threat to public safety posed by the defendant. The appellate court rejected his appeal and ordered him held during trial.

Talk to a Decatur, IL Criminal Defense Lawyer Today 

The Decatur, IL criminal defense attorneys at Patel Law, PC represent the interests of defendants facing criminal charges. Call our office today to schedule an appointment, and we can begin discussing your case right away.

Source:

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