What to Expect During a Preliminary Hearing in Illinois

A preliminary hearing is a critical step in many Illinois criminal cases. It determines whether there is enough evidence to proceed to trial. Whether you are facing a misdemeanor or felony, understanding the process is essential. A Chicago criminal defense lawyer can guide you through the hearing and help protect your rights.

What to Expect During a Preliminary Hearing in Illinois

This guide explains the following:

• The purpose of a preliminary hearing
• What happens during the hearing
• Evidence presented at a preliminary hearing
• Outcomes of the preliminary hearing
• How a Chicago criminal defense lawyer can assist

Here’s a closer look at each.

The Purpose of a Preliminary Hearing

Under Illinois law, a preliminary hearing is held to determine whether there is probable cause to believe that a crime has been committed and that the defendant committed it. This hearing serves as a safeguard to ensure that cases without sufficient evidence are dismissed before going to trial.

Preliminary hearings are typically held for felony cases but are less common in misdemeanor cases, which often proceed directly to trial or plea agreements.

What Happens During the Hearing

At the preliminary hearing, the prosecution presents evidence to establish probable cause. This usually includes:

• Testimony from witnesses, such as police officers or alleged victims
• Physical evidence, such as photographs or recovered property
• Statements or confessions made by the defendant

The defense may cross-examine witnesses and challenge the evidence but is not required to present a full defense at this stage. The hearing is typically shorter and less formal than a trial.

Evidence Presented at a Preliminary Hearing

The standard of proof at a preliminary hearing is lower than at trial. The prosecution only needs to show probable cause, not prove guilt beyond a reasonable doubt.

This means that some evidence may be admitted at the hearing that might not be allowed at trial. For example, hearsay evidence is often permissible during preliminary hearings.

Outcomes of the Preliminary Hearing

The judge has several options after reviewing the evidence:

• If probable cause is established: The case moves forward to trial or plea negotiations.
• If probable cause is not established: The charges may be dismissed, although the prosecution may attempt to refile them if additional evidence is obtained.

The outcome of the hearing can have a significant impact on the direction of your case, making it essential to approach it carefully.

How a Chicago Criminal Defense Lawyer Can Assist

A Chicago criminal defense lawyer can play a critical role during a preliminary hearing. They will:

• Cross-examine witnesses to expose weaknesses in the prosecution’s case.
• Challenge the admissibility of evidence presented by the prosecution.
• Advocate for dismissal if the evidence fails to establish probable cause.

Having an experienced lawyer ensures that your rights are protected and that you’re prepared for the next steps in your case.

FAQ About Preliminary Hearings in Illinois

Check out these commonly asked questions about preliminary hearings. If you don’t see your question here, please call our office and we’ll find you the answers you need.

Are Preliminary Hearings Held for All Criminal Cases?

No. Preliminary hearings are typically held for felony cases. Misdemeanor cases often skip this step and proceed directly to trial or plea negotiations.

Can I Be Released After a Preliminary Hearing?

If the judge dismisses the charges due to lack of probable cause, you may be released. However, if the case moves forward, your release will depend on your bail status.

What Is the Difference Between a Preliminary Hearing and a Trial?

A preliminary hearing determines whether there is probable cause to proceed to trial. A trial, on the other hand, determines whether the defendant is guilty beyond a reasonable doubt.

What Should I Bring to a Preliminary Hearing?

You should bring any documentation your lawyer requests and ensure you arrive on time. It’s important to follow your lawyer’s advice and maintain professionalism in court.

Can I Present Evidence at a Preliminary Hearing?

While you can present evidence, it’s generally not required. Your lawyer will determine whether presenting evidence is in your best interest or whether it’s better to reserve your full defense for trial.

Preliminary hearings are an important part of the Illinois criminal justice process, ensuring that only cases with sufficient evidence proceed. Whether you’re facing a misdemeanor or felony, understanding your rights under Illinois law is essential. A Chicago criminal defense lawyer can guide you through the hearing and advocate for the best possible outcome.

Do You Need to Talk to an Attorney?

If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.