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IL v. Annabel Melongo bail documents, April 2010, case 08-CR-10502

IL v. Annabel Melongo bail documents, April 2010, case 08-CR-10502

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Published by nkjembxiujgmns
p1: 4/20/10 Petition for hearing on violation of bail bond conditions

p2-4: 5/5/10 Motion to reduce bond from $500,000 to $100,000 filed by attorney Nicholas Alburkerk on behalf of Annabel Melongo.

p5: 5/5/10 Judge's order granting motion to reduce bail to $300,000.
p1: 4/20/10 Petition for hearing on violation of bail bond conditions

p2-4: 5/5/10 Motion to reduce bond from $500,000 to $100,000 filed by attorney Nicholas Alburkerk on behalf of Annabel Melongo.

p5: 5/5/10 Judge's order granting motion to reduce bail to $300,000.

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Published by: nkjembxiujgmns on Jul 14, 2010
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10/25/2012

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STATE
OF
ILLINOIS
)
)
SS.
COUNTY OF COOK
)
f/£
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISMUNICIPAL DIVISION
-
FIRST DISTRICTPEOPLE OF THE STATE
OF
ILLINOIS
)
)PENDING IND/INF
#_ 
OdtdloSoZ-
VS.
 AA/AJH0^C 
K./nezorito
PRELIMINARY HEARING COMPLAINT
#.
BRANCH(RESPONDENT- PRETRIAL RELEASE)
PETITION FOR
A
HEARING ON VIOLATION
OF
BAIL BOND CONDITIONS ANDAPPLICATION
TO
INCREASE AMOUNT
OF
BAIL PURSUANT
TO
725 ILCS 5/110-S(a)&(e)
NOW COME
the
People
of the
State
of
Illinois,
by
their attorney, ANITA ALVAREZ, State's Attorney
of
CookCounty,
and
move this Honorable Court,
to
file INSTANTER this petition
for the
above namedRespondent-Pretrial Releasee,
and
that this petition
be
transferred instanter
to
call
of the
HonorableJudge
^^0$NJAL^A»^
for
a
prompt hearing.In support thereof, the People state as follows:1) The Defendant
is
presently free on bail
in
case number
OoC-fZlO<$03^
wherein
he is
charged with
the
felony offense
of
£oft\ftr]t?£.
T&/A/&&4HS 
matter
is
presently pending
on the
trial call
of the
HonorableJudge £&StJAr^,U
at 10
'.QOAov^
for
fif&lU 
2o
20jO__.
2)
While free on said
bail,
the defendant violated
a
condition
of
bail,
in
that he/she on
or
about.
„,at
2A4JA
<LA
X
Q
yi6-0
,
Cook County, Illinois,
.A
<^On^/Oi 
X7&V 
-ak&~
0
fp&&i3~C)l> 
-WA-oi,
ri£ nkr
QDOVL
^dj/ory
Caufcr ftgftgna&s
&cc>vc&
mmfag-A ^&t^s.^j
MO \k$&P 
Aft
0WULLC&D 
Sti^d- 
7/0Ca£<nAT)0^>
/M
V/S l4?HtwO
OP
>2e
 s/jw-2(a,w60,
WHEREFORE, the State moves the Court to file this petition and issue
a
warrant
or
set
a
bail thereon and transfer thematteriFORt, the btate moves the Court to tile this petition and issue
a
warrant
or
set
a
bail
th
to Judge fi&S/UAtiAr/J
on
flflg|LlS)
,
20
J&
at
/OiOOi^yy 
.for
a
hearing.After being duly sworn, the affiant states on reasonableinformation and belief that the facts are true and correct.SUBSCRIBED AND SWORN TO BEFORE ME thisday
of , 20
ANITA ALVAREZCook CountyLeave
is
granted
to
the State to file this petition, Bail
is
Judge
3&>SAJAtJAAJ 
.on.
 H^i
DATE:.
4-/V-
ZO/o
.ENTER:
WHITE ORIGINAL:GREEN
1
8t
COPY:YELLOW
2
nd
COPY:PINK3
rd
COPY:GOLD 4
th
COPY:PRELIMINARY HEARING COURCRIMINAL DIVISION IND./INF.ASA TRIAL COURTDEFENDANTPRELIMINARY HEARING FILE
s£w^
 _. This petition
is
here by transferred
to
/
??/
 
STATE OF ILLINIOSIN THE CIRCUIT COURT OF COOK COUNTY, CRIMINAL DIVISIPEOPLE OF THESTATE OF ILLPNOIS
Maintiff,
v.
mio,
MAY o
5
2010
No.
08 CR 1050201ANNABEL MELONGODefendant.MOTION TO REDUCE BONDANNABEL MELONGO, by and through his attorney, ALBUKERK ANDASSOCIATES moves this Court to reduce his bail. This motion is based on the EighthAmendment to the United States Constitution, ILCS Const. Art.
1
Sec. 9 and thefollowing reasons:1.ANNABEL MELONGO was arrested and charged with the offense of Computer Tampering in May of 2006 .
2.
ANNABEL MELONGO was issued an I bond because she had nocriminal record and the offense was not one that was violent.
3.
ANNABEL MELONGO was arrested on or about April 20, 2010 on thecharge of Eavesdropping in that she recorded a phone conversation of 
a
Court Reporterbecause that Reporter had erroneously wrote in a transcript that Ms. Melongo was presentat her arraignment when she was not. If 
the
Court Reporter had done this intentionally itwould constitute a crime.
4.
On the same date that the charge for Eavesdropping was announced, Ms.Melongo was also charged with Violation of her bail bond in that the new charge of 
 
I
Eavesdropping constituted a violation of her bond, which stated that she could not getcharged with any other offenses while out on the I Bond granted in the ComputerTampering case.
5.
The total bonds set in the above cases are 500,000 D and 30, 000 D bondmeaning that Ms. MELONGO must come up with $53,000 to get out of prison on a nonviolent offense where no pecuniary interests were harmed.6. The Eighth Amendment to the United States Constitution and Article 1Section 9 of 
the
Illinois Constitution provide that excessive bail shall not be required.
U.S.
Const., Am. VIII; ILCS Const. Art.
1
Sec. 9.7. Bail that is set at an amount higher than an amount reasonably calculatedto give adequate assurance that the accused will stand trial and submit to sentence if guilty is excessive under the Eighth Amendment. See Stack v. Boyle, 342 U.S. 1, 5,(1951).8. Reduction of ANNABEL MELONGO's bail is appropriate because:a. ANNABEL MELONGO's ties to the community are wellestablished and she has attended every Court date since beingarrested, four years worth of Court dates.
b.
The new offense for which she has been charged is a Felony inonly four States, meaning that few jurisdictions see Ms. Melongo'sactivity of recording a conversation as criminal.c. The offense of Eavesdropping is not a violent crime or one inwhich anyone's interests were negatively effected. In fact a full

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