The Pretrial Fairness Act means that the court’s consideration of the facts surrounding a client’s DUI arrest at a detention hearing means the difference between conducting client meetings in your office or at the jail, and the causation requirements for proximate cause of injuries offers opportunities to present affirmative defenses in light of the Illinois Supreme Court’s holding in People v. Way.
Credits: 0.75 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR
The Pretrial Fairness Act means that the court’s consideration of the facts surrounding a client’s DUI arrest at a detention hearing means the difference between conducting client meetings in your office or at the jail. Counsel should anticipate the State’s case for your client presenting a “real and present threat,” the less restrictive facts that still protect the community and conditions of pretrial release, what evidence may be proffered at detention hearings, and how to respond to efforts to revoke probation. Additionally, the causation requirements for proximate cause of injuries offers opportunities to present affirmative defenses in light of the Illinois Supreme Court’s holding in People v. Way.
Thomas Glasgow, Glasgow & Olsson, Schaumburg
Expires 2/28/2026