What is a Preliminary Hearing in Illinois Criminal Court? Combs Waterkotte attorneys Christopher Combs and Joshua Boardman discuss everything you need to know about Illinois sex crime charges, including sexual assault, sexual abuse, rape, and more.
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Interview Transcript
Scott Michael Dunn: What is a preliminary hearing in Illinois court cases?
Joshua Boardman: A preliminary hearing is going to be a specific type of hearing to determine whether there’s probable cause for that case to move forward. So, based on the allegations. And often times you’re going to have in sex cases you’re going to have law enforcement testimony. You’re going to have potential witness/victim testimony. If there were individuals like social workers or other types of witnesses, they can testify. And it’s the state’s burden to demonstrate that there’s probable cause that the allegations or the actions that you’ve been accused of actually took place to where it can advance farther in the lifespan of the case. If it reaches that threshold and the court does find that the case needs to be what we would say kind of bound over into the second half of it’s lifespan. At that point in time, you can enter into a plea, you can set it for trial, those types of options. But, if there is no probable cause finding, then the judge is required to dismiss the case at that point in time. Now, they can try to refile it under a different charge or ways that they believe the evidence could meet the elements of different types of charges. But, we prepare intensively for preliminary hearings because often times that’s the first bite at the apple to really get an idea of how credible the witness is, how much information does law enforcement really have? Is this all he said, she said, or is there some sort of third-party verification of the allegations? So, it is trial that we certainly prep for.
Christopher Combs: And it’s our first shot at getting a dismissal.
Boardman: Yes, correct.
Dunn: Win it early.
Boardman: Correct.
