People v. Fredrickson

Appellate Court of Illinois·Decided July 31, 2026·No. 2-26-0189·Published

Opinion

2026 IL App (2d) 260189 No. 2-26-0189 Order filed July 31, 2026

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,

v.

PAUL M. FREDRICKSON, Defendant-Appellant.

Appeal from the Circuit Court of Kane County. Donald Tegeler, Judge, Presiding. No. 25-CF-1548

JUSTICE McLAREN delivered the judgment of the court, with opinion. Presiding Justice Kennedy and Justice Hutchinson concurred in the judgment and opinion.

OPINION

¶1 Defendant, Paul M. Fredrickson, appeals from the circuit court of Kane County’s order

revoking his pretrial release pursuant to section 110-6(a) of the Code of Criminal Procedure of

1963 (Code) (725 ILCS 5/110-6(a) (West 2024)). Defendant argues that the trial court erred in

(1) revoking his pretrial release before he was subject to a court’s pretrial release condition order

and (2) finding that there were no conditions that would reasonably mitigate the risk of his being

charged with a subsequent felony or Class A misdemeanor. We affirm.

¶2 I. BACKGROUND

¶3 Defendant is alleged to have crashed a silver Buick into a light pole on Randall Road on

May 24, 2025. After the accident, he left the scene and walked home, where the police later found

him. Defendant received seven traffic citations that day, each indicating that a court appearance was required. On July 24, 2025, a criminal complaint in Kane County charged defendant, based

on the accident, with a second offense of driving while license suspended or revoked (DWLSR)

for driving under the influence (DUI) (625 ILCS 5/6-303(a) (West 2024)). The same day, the trial

court issued a summons directing defendant to appear in court on August 14, 2025.

¶4 When defendant failed to appear on August 14, the trial court issued an arrest warrant for

defendant. In the order, the trial court noted the warrant was issued for a violation of pretrial release

conditions.

¶5 On October 11, 2025, while still subject to the warrant, defendant allegedly caused a multi-

vehicle automobile accident on Randall Road while driving a Jeep registered to himself. Two of

the drivers were transported to the hospital, and responding officers found defendant hiding in

bushes nearby. A subsequent toxicology screen revealed defendant had a blood alcohol content of

0.296. The State charged defendant with multiple felonies for this second accident, including his

fourth violation of aggravated DUI (id. § 11-501(d)(2)(C) and aggravated DUI causing great

bodily harm (id. § 11-501(d)(1)(C).

¶6 Before 2025, defendant had received DUI convictions in 1999, 2005, and 2006. The State

revoked defendant’s driver’s license in 2006. Subsequently, defendants received DWLSR

convictions in 2006 and 2016.

¶7 On March 13, 2026, the State filed a petition to revoke defendant’s pretrial release from

the May 2025 accident based upon the felonies charged in the October 2025 accident. Defendant

was present in court, admonished by the trial court, and ordered to appear on March 16, 2026, for

a hearing on the petition. Defendant failed to appear on March 16 and March 18, 2026. The trial

court issued a new arrest warrant for defendant based upon his violation of pretrial release

conditions.

-2- ¶8 The trial court held the revocation hearing on April 6, 2026. The State proffered police

synopses from both accidents and defendant’s certified driving abstract. Defense counsel

countered that defendant was employed, had family ties, could be placed on secure continuous

remote alcohol monitoring and house arrest, and could undergo drug testing. The trial court found

the State had proven by clear and convincing evidence that the new offense was likely committed

and that no conditions could mitigate the danger that defendant presented to the community. The

court summarized that “Nothing’s going to stop this man from driving. He’s going to do what he

wants to do unless he’s locked up.” The trial court granted the petition to revoke defendant’s

pretrial release.

¶9 Defendant filed a motion for relief, and the trial court held the related hearing on April 22,

2026. Defendant argued that revocation was inapplicable because he “was not on pretrial release

conditions on this case because no notice was provided to him of the conditions of release and he

had not been arrested on this case until March 3, 2026.” In other words, defendant was not on a

court-ordered pretrial release at the time of the October accident because he had not appeared

before the court until six months after the second accident. The State countered that People v.

McClure, 2024 IL App (5th) 240027, held that a criminal defendant received sufficient notice of

when the court summons was sent to his last known address and “inherent release” conditions thus

applied. The trial court agreed with the State and found that McClure was applicable. The court

noted that a summons was sent to defendant’s address, that the uniform traffic citations informed

defendant he was required to appear, and that defendant had failed to comply with court orders

prior to his arrest. The trial court denied the motion for relief, and defendant timely appealed.

-3- ¶ 10 II. ANALYSIS

¶ 11 On appeal, defendant argues that the trial court erred in following the allegedly flawed

reasoning of McClure and that he was not subject to a court’s pretrial release condition order when

he was charged in the DUI case. Defendant also avers that the trial court erred in revoking his

pretrial release because there were conditions that could mitigate the risk of him committing a new

Class A misdemeanor or felony.

¶ 12 A. Authorization for Revocation of Pretrial Release

¶ 13 The first issue on appeal is whether the trial court was authorized to revoke defendant’s

pretrial release. This is a question of statutory construction, which we review de novo. People v.

Taylor, 2023 IL 128316, ¶ 45.

¶ 14 The trial court was correct in noting that McClure already addressed the issue of whether

a trial court could revoke a defendant’s pretrial release without first informing him of the

conditions of his pretrial release. See McClure, 2024 IL App (5th) 240027, ¶ 24. In McClure, the

defendant was arrested and charged with burglary and was ordered to appear in court 15 days after

his arrest. Id. ¶ 3. The defendant was arrested and charged with additional burglaries during these

15 days. Id. ¶¶ 6-9. The State filed a petition to revoke the defendant’s pretrial release, and the trial

court denied the petition, finding that the defendant had not been on pretrial release. Id. ¶ 17.

¶ 15 On appeal, the Appellate Court, Fifth District, reversed and held that the defendant was on

pretrial release since he had been arrested and released on his own personal recognizance, citing

sections 110-2 (725 ILCS 5/110-2 (West 2022)) and 110-6.1 (id. § 110-6.1) of the Code. McClure,

-4- 2024 IL App (5th) 240027, ¶¶ 22-24. This court recently agreed with McClure. See People v.

Dudish Poulsen, 2026 IL App (2d) 260196-U. 1 In Dudish Poulsen, we held that:

“If a defendant is charged with a crime and released before trial, then he is on

pretrial release. Since that defendant is on pretrial release, the State may seek to revoke

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