Illinois Compiled Statutes 725 ILCS 5/110-6.2 – Post-conviction detention
Current as of: 2024 | Check for updates
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(a) The court may order that a person who has been found guilty of an offense and who is waiting imposition or execution of sentence be held without release unless the court finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community if released under Sections 110-5 and 110-10 of this Act.
(b) The court may order that person who has been found guilty of an offense and sentenced to a term of imprisonment be held without release unless the court finds by clear and convincing evidence that:
(1) the person is not likely to flee or pose a danger
(b) The court may order that person who has been found guilty of an offense and sentenced to a term of imprisonment be held without release unless the court finds by clear and convincing evidence that:
Terms Used In Illinois Compiled Statutes 725 ILCS 5/110-6.2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) the person is not likely to flee or pose a danger
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to the safety of any other person or the community if released pending appeal; and
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(2) that the appeal is not for purpose of delay and
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raises a substantial question of law or fact likely to result in reversal or an order for a new trial.
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