People v. Olejniczak

── People v. Olejniczak ── Court: Appellate Court of Illinois Date: June 04, 2026 Category: General 2026 IL App (4th) 260245-U NOTICE FILED This Order was filed under June 4, 2026 Supreme Court Rule 23 and is NO. 4-26-0245 Carla Bender not precedent except in the 4th District Appellate limited circumstances allowed IN THE APPELLATE COURT under Rule 23(e)(1). Court, IL OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Plaintiff-Appellee, ) Circuit Court of v. ) Winnebago County MILES OLEJNICZAK, ) No. 25CF3213 Defendant-Appellant. ) ) Honorable ) Scott Paccagnini, ) Judge Presiding. JUSTICE KNECHT delivered the judgment of the court. Presiding Justice Steigmann and Justice DeArmond concurred in the judgment. ORDER ¶1 Held: The circuit court did not err in denying defendant pretrial release. ¶2 Defendant, Miles Olejniczak, appeals the circuit court’s order denying his pretrial release under section 110-6.1(a)(5) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-6.1(a)(5) (West 2024)). Defendant, standing on the arguments made in his motion for relief, contends the following: (1) section 110-6.1(a)(5) of the Code (id.) is unconstitutional as applied to him under the Illinois and federal constitutions, (2) his detention violates his right to due process under the federal constitution, and (3) the State failed to prove by clear and convincing evidence he posed an unmitigable threat to the safety of a person or persons or the community. We affirm. ¶3 I. BACKGROUND ¶4 In December 2025, the State charged defendant with three counts of child pornography (720 ILCS 5/11-20.1(a)(6) (West 2024)). According to the criminal complaint, defendant knowingly possessed any film, videotape, moving depiction, or other visual reproduction or depiction by computer of any child defendant knew or should have known to be under the age of 18 portrayed in any pose, posture, or setting involving a lewd exhibition of unclothed or transparently clothed genitals or breasts. ¶5 The State filed a verified petition to deny defendant pretrial release under section 110-6.1(a)(5) of the Code (725 ILCS 5/110-6.1(a)(5) (West 2024)). In that petition, the State asserted defendant’s pretrial release poses a real and present threat to any person or persons or the community based on the nature of the charged offenses, the factual summaries of the charged offenses, defendant’s criminal history, and the contents of the pretrial service report. According to the factual summary for this case, a Rockford police officer wrote the following, in part: “On Friday 10/10/25, I drafted a search warrant for [defendant’s] black android phone. [Defendant] was already in[ ]custody for this case for three counts of Aggravated sexual abuse to his three victims, and one count of predatory criminal sexual assault. *** *** On W