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The People of the State of Illinois v. Antonio Cousins, Jr.
Date: 06-03-2025
Case Number: 1308660
Judge: Not Available
Court: Circuit Court, Peoria County, Illinois
Plaintiff's Attorney: Peoria County Illinois District Attorney's Office
Defendant's Attorney:
Click Here For The Best Peoria Criminal Defense Law Lawyer Directory
Description:
Peoria, Illinois criminal defense lawyer represented the Dedendant seeking pretrial release pursuant to section 110-6.1 of the Code of Criminal Procedure of 1963.
Under the Act, every person charged with an offense is presumed eligible for pretrial release. 725 ILCS 5/110-2(a), 6.1(e) (West 2022); People v. Mikolaitis, 2024 IL 130693, ¶ 16. To detain a defendant, the State must file a verified petition requesting the denial of pretrial release, and the circuit court shall hold a hearing on the petition. 725 ILCS 5/110-6.1(a) (West 2022). When seeking denial of pretrial release, the State bears the burden of proving by clear and convincing evidence that (1) the proof is evident or presumption great that the defendant committed a detainable offense (id. § 110-6.1(e)(1)); (2) the defendant poses a real and present threat to the safety of any person, persons, or the community, based on the specific, articulable facts of the case (id. § 110-6.1(e)(2)); and (3)
"no condition or combination of conditions set forth in subsection (b) of Section 110-10 of this Article can mitigate (i) the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, for offenses listed in paragraphs (1) through (7) of subsection (a), or (ii) the defendant's willful flight for offenses listed in paragraph (8) of subsection (a)" (id. § 110-6.1(e)(3)).
In any order of detention, the circuit court is required to "make a written finding summarizing the court's reasons for concluding that the defendant should be denied pretrial release, including why less restrictive conditions would not avoid a real and present threat to the safety of any person or persons." Id. § 110-6.1(h)(1). "If the State fails to carry its burden on any of these three facts, the presumption of release remains, and detention is unlawful." People v. Sorrentino, 2024 IL App (1st) 232363, ¶ 32 (citing 725 ILCS 5/110-6.1(e) (West 2022)).
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Under the Act, every person charged with an offense is presumed eligible for pretrial release. 725 ILCS 5/110-2(a), 6.1(e) (West 2022); People v. Mikolaitis, 2024 IL 130693, ¶ 16. To detain a defendant, the State must file a verified petition requesting the denial of pretrial release, and the circuit court shall hold a hearing on the petition. 725 ILCS 5/110-6.1(a) (West 2022). When seeking denial of pretrial release, the State bears the burden of proving by clear and convincing evidence that (1) the proof is evident or presumption great that the defendant committed a detainable offense (id. § 110-6.1(e)(1)); (2) the defendant poses a real and present threat to the safety of any person, persons, or the community, based on the specific, articulable facts of the case (id. § 110-6.1(e)(2)); and (3)
"no condition or combination of conditions set forth in subsection (b) of Section 110-10 of this Article can mitigate (i) the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, for offenses listed in paragraphs (1) through (7) of subsection (a), or (ii) the defendant's willful flight for offenses listed in paragraph (8) of subsection (a)" (id. § 110-6.1(e)(3)).
In any order of detention, the circuit court is required to "make a written finding summarizing the court's reasons for concluding that the defendant should be denied pretrial release, including why less restrictive conditions would not avoid a real and present threat to the safety of any person or persons." Id. § 110-6.1(h)(1). "If the State fails to carry its burden on any of these three facts, the presumption of release remains, and detention is unlawful." People v. Sorrentino, 2024 IL App (1st) 232363, ¶ 32 (citing 725 ILCS 5/110-6.1(e) (West 2022)).
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Outcome:
Reversed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of The People of the State of Illinois v. Antonio Cousins, Jr.?
The outcome was: Reversed.
Which court heard The People of the State of Illinois v. Antonio Cousins, Jr.?
This case was heard in Circuit Court, Peoria County, Illinois, IL. The presiding judge was Not Available.
Who were the attorneys in The People of the State of Illinois v. Antonio Cousins, Jr.?
Plaintiff's attorney: Peoria County Illinois District Attorney's Office. Defendant's attorney: Click Here For The Best Peoria Criminal Defense Law Lawyer Directory.
When was The People of the State of Illinois v. Antonio Cousins, Jr. decided?
This case was decided on June 3, 2025.