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The preliminary hearing is conducted under relaxed rules of evidence and the Defendant’s attorney is allowed limited cross examination of the witnesses. Hearsay and illegally seized evidence can be used by the State as evidence for the purpose of the preliminary hearing. The length and the depth of preliminary hearings vary from judge to judge. Some judges allow the defense attorneys greater leeway to get into deeper questioning if it appears the police officer or witness is not credible or there are serious constitutional problems with the case.
Our tactical representation at preliminary hearings has resulted in the dismissal of many felonies. We make every effort to aggressively cross examine the State’s witnesses and make sure that the rules are followed by the State.
The Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing defendants in preliminary hearings throughout the many preliminary hearing courtrooms in the area. We have conducted numerous preliminary hearings and understand the importance of asking the right questions of the State’s witnesses. The preliminary hearing is an opportunity to weaken the State’s case. The Chicago criminal defense attorneys at Legal Defenders, P.C will use their experience to find out as much as possible at the preliminary hearing by effectively cross examining the State’s witnesses.
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Effective representation at a preliminary hearing is essential to a good defense. Many cases are dismissed at the preliminary hearing because of a finding of no probable cause. If the case is not dismissed, it gives the defense attorney an opportunity to cross examine police officers and other witnesses which can be of great benefit at trial. The witness testifying at the preliminary hearing is under oath and a court reporter is recording the questions and answers. If different answers are given to the same questions later by the witness, the statements made at the preliminary hearing can be used to try to show that the witness is not telling the truth.
Every details matters when facing prosecution from the State. We make every effort to learn every aspect of our client’s case so as make sure they receive the representation they deserve. Our effective representation at preliminary hearings has resulted in the dismissal of many felonies. With hundreds of satisfied clients, you can feel confident that your attorney will use every effort to successfully defend your case and you give you the best chance of having a successful preliminary hearing.
The Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing defendants in preliminary hearings throughout the many preliminary hearing courtrooms in the area. We have conducted numerous preliminary hearings and know what questions to ask the State’s witnesses so as to give our clients the best chance to win their preliminary hearing. The Chicago criminal defense attorneys at Legal Defenders, P.C., understand the procedures of preliminary hearings and will you use their years of experience to exploit every weakness in the State’s case.
Remember, the preliminary hearing is the defendant’s first opportunity to attack and weaken the state’s case. Make sure you hire an experienced and aggressive Chicago criminal defense attorney at Legal Defenders, P.C., to represent you at your preliminary hearing.
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Grand Jury
If the State decides not to have a preliminary hearing for a felony, the Prosecutor is allowed to go before a Grand Jury and ask that it return a Bill of Indictment against the defendant. A Bill of Indictment is the formal charges. The State alone decides whether to proceed by way of preliminary hearing or through the Grand Jury.
Under Illinois law, 725 ILCS 5/112, a Grand Jury is a panel of 16 jurors who hear evidence against the defendant that is presented by the Prosecutor. They are regular people from the community that are asked to serve as jurors. Once their duty is finished, they are dismissed by the Court. If 9 jurors agree that the evidence before them constitutes probable cause that a person has committed an offense, the Prosecutor prepares a Bill of Indictment formally charging that person with such offense. It is important to note that an indictment is the formal charges and does not determine guilt or innocence.
The Grand Jury proceedings are held in private and no cross examination of the any witnesses is allowed by the accused or his/their attorney. The Grand Jury can subpoena witnesses, ask questions and seek important evidence. Unfortunately, most Grand Juries do not take their responsibility seriously and are eager to return an indictment against the accused. It is rare for a Grand Jury to not find probable cause. The transcripts of the Grand Jury proceedings are available and must be accurately reviewed for any inconsistencies by police officers and other witnesses. A thorough review of all aspects of the case, including the Grand Jury transcripts, is necessary to successfully defend a criminal case.
If the case is dismissed at the preliminary hearing, the State can proceed to a Grand Jury for an indictment. Basically, the law allows the State a second chance at securing a formal charge. However, in most cases, if the defendant is successful at the preliminary hearing, it means the end of the case.
With the Chicago criminal defense attorneys at Legal Defenders, P.C., you can be sure that your attorney is an experienced preliminary hearing attorney as we have secured dismissal of many cases at the preliminary hearing. The Chicago criminal defense attorneys at Legal Defenders, P.C., understand the procedures of preliminary hearings and will you use their years of experience to exploit every weakness in the State’s evidence and try to secure dismissal of the case.
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Illinois Criminal Sentencing Chart
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