If you’re facing criminal charges in Illinois, the preliminary hearing can be one of the most important steps in your case. At Daniel G. Berry, Attorney at Law, we help individuals in Chicago understand and navigate the criminal justice system, starting with this crucial early phase. Knowing what to expect at a preliminary hearing can reduce anxiety and help you make informed decisions with your legal counsel.

What Is a Preliminary Hearing?

A preliminary hearing is not a trial. It’s a court proceeding held to determine whether there is enough probable cause to move forward with criminal charges. In Illinois, this hearing typically applies to felony cases where a grand jury indictment has not occurred.

When Does It Happen?

The hearing usually takes place within 30 days of your arrest if you are in custody, or within 60 days if you are out on bond. This ensures that defendants are not held indefinitely without judicial review.

What Happens During the Hearing?

At the preliminary hearing:

• The prosecution presents evidence and may call witnesses, often the arresting officer.
• Your defense attorney can cross-examine the prosecution’s witnesses.
• There is no jury.
• The judge evaluates whether probable cause exists.

It’s important to note that the prosecution is not required to prove guilt beyond a reasonable doubt at this stage—only that there is enough evidence to continue with the case.

Can Charges Be Dismissed?

Yes. If the judge finds there is not enough probable cause, the charges may be dismissed. However, the state may still seek an indictment from a grand jury or file charges again later, depending on the circumstances.

Do I Have to Testify?

In most cases, defendants do not testify at the preliminary hearing. Your attorney will advise you on whether speaking in court is in your best interest, but it's generally not recommended because your statements could be used against you later.

Why Legal Representation Matters

A skilled defense attorney can challenge the prosecution’s evidence and protect your rights at every step. Even if the hearing results in charges moving forward, the arguments and information presented can help shape your defense later on.

At Daniel G. Berry, Attorney at Law, we understand the stakes involved. We provide legal assistance to the Chicago public and work to ensure that each client receives a fair and thorough defense from the very beginning.