725 ILCS 5/109-3 – Preliminary Examination
This law explains what happens in court before a felony case goes to trial and how a judge decides if there’s enough evidence to continue the case.
This Illinois law says that before a felony trial, a judge reviews the evidence to decide if there is enough reason to believe the person committed the crime. It also explains what happens if the defendant waives (gives up) this hearing, how witnesses are handled, and what can happen if someone disobeys court orders.
(a) The judge must decide if there’s enough evidence (called “probable cause”) to believe the defendant committed a crime. If there is, and the crime is a felony, the judge sends the case to the court that will handle the trial.
(b) If the defendant chooses to skip the preliminary hearing, the judge can still listen to witnesses if the prosecutor asks. If, after hearing testimony, the judge believes there isn’t enough evidence that the defendant committed a crime, the judge must release the defendant.
(c) While witnesses or the defendant are speaking, the judge can make other witnesses leave the courtroom so they don’t hear each other’s statements. If either the defendant or the prosecutor asks, the judge must do this. The judge can also make sure witnesses don’t talk to each other until everyone has testified.
(d) If the case goes forward, the judge can make important witnesses for either side promise in writing to come to the trial. If a witness refuses to sign this promise, the judge can hold them in jail until the trial or a later court order. If a witness signs the promise but doesn’t show up, they can be charged with a Class C misdemeanor.
(e) During the preliminary hearing, the defendant can ask the court to throw out certain evidence or even dismiss the charges if there are good legal reasons to do so.
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