Chicago Crime Lawyer Resources

Illinois Drug Case Preliminary Hearing

During an Illinois drug case preliminary hearing, our Illinois drug crime lawyers often work to get charges dropped altogether. What's your strategy on your drug case? Speak with our Chicago criminal defense attorneys now at (312) 466-9466.

For Illinois drug crime attorneys, the first opportunity to win a drug case is at the preliminary hearing.

Under Illinois law, a felony prosecution must by commenced by either a Grand Jury Indictment or a Preliminary Hearing.

A Grand Jury proceeding involves the grand jurors, who hear testimony presented by a prosecutor through prosecution witnesses. No judge or defense attorney is present. Even the defendant is not present. Since the grand juror only hears one side of the story, they indict in nearly every case.

Defense attorneys prefer Preliminary Hearings. Attorneys are able to obtain sworn testimony from prosecution witnesses which may lay the foundation for a defense at trial.

But, best of all, a skilled defense attorney can show a judge that the prosecution lacks probable cause. A finding of no probable cause by the court results in a dismissal of the complaint.

Typically, this ends the case. The prosecution does have the option of seeking an indictment after losing a preliminary hearing, but they rarely do so.

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