Man accused of possessing 44 grams of cocaine ordered to be detained in McHenry County jail pretrial

A McHenry County judge ordered a Palatine man accused of possessing more than 44 grams of cocaine held in the county jail following a detention hearing on Tuesday.

Jeffrey Svoboda, 56, of the 300 block of South Whitehall Drive in Palatine, was arrested on Monday and charged with the manufacturing and delivery of between 15 and 100 grams of cocaine, as well as possession of between 15 and 100 grams of cocaine and the possession of drug paraphernalia, according to a criminal complaint filed in the McHenry County courthouse.

In addition to the cocaine and cash he also possessed a scale and a clear glass smoking pipe with residue, according to the complaint.

Judge Michael Coppedge granted prosecutors’ request that Svoboda be detained while awaiting trial after finding that his release would pose a risk to the community.

If convicted on the most serious charge against him, Svoboda faces up to 30 years in prison.

The charge is not probational and is detainable under the SAFE-T Act, which went into effect Sept. 18. Also referred to as the Pretrial Fairness Act, the new and controversial law makes it unconstitutional to hold a person in county jail pretrial who cannot afford to post cash bond.

A judge must find probable cause to detain a person that he is either a threat to one person, the community or is a flight risk.

Assistant State’s Attorney Matthew Brodersen argued that Svoboda poses a threat to the community.

Brodersen told Coppedge that when Svoboda was arrested, he possessed 44 grams of cocaine divided into two plastic bags: one in powder form and the other in the form crack.

He also had $1,084 in his possession, according to prosecutors. Coppedge later noted that Svoboda wrote in an affadavit requesting a public defender that he had been unemployed for a year.

Coppedge said even though Svoboda is considered innocent until proven guilty, “It is reasonable to concur the genesis of that money was from the sale of cocaine.”

Brodersen also said that Svoboda told police he does not have an issue with substance abuse, so based on the amount and the way the cocaine was packaged, there was no indication the cocaine was for his personal use.

Brodersen agued the community would not be safe if Svoboda was released while awaiting trial.

Assistant Public Defender David Giesinger argued that Svoboda has no criminal history, has lived in Illinois for the last 30 years, is not a threat to the community and would abide by conditions if released.

Coppedge told Svoboda that he could appeal his decision within 14 days. He also said the next judge who will have his case, Judge Tiffany Davis, has the option to review and assess his detention.

Svoboda is due back in court Friday for a preliminary hearing.