I argued a pretrial detention release motion last Friday in Madison County for a client who had been in custody for over a year. The new act allows a client to petition for release if they don't post a risk to any person or person. The state has a high burden to meet to prevail in such a case.
My client had received numerous illicit pornography images. He had allegedly share the images via Bit Torrent. He is charge with four counts of dissemination which is a class X felony (6-30 years on each count). His bond was set very high and his family was unable to post the bond. We filed the motion after the act took effect. The court has 90 days to set such a motion in his case.
He is now out without having to post bond. We are vigorously working on his cases with the assistance of an expert witness. I hope to win the dissemination counts and get a resolution on the simple possession charges. He would then be eligible for probation.