Legal Question in Criminal Law in Illinois

Time Limit for Preliminary Hearings

Is there a rule in Illinois or, more specifically, Marion County, Illinois, limiting the amount of time between being bonded out of jail on a criminal charge and when a preliminary hearing must take place? If so, what is it? My stepson has been held, unable to make bail, on charges related to my and my wife's case(s), and the state's attorney was told in court today by the judge presiding over the procedure that there is a limit of 30 days, with only four days left, to present its preliminary case against him. The reason for the judge's explanation of this rule was the state's inability to produce the arresting police officer, who had been scheduled to appear in order to present evidence. My wife and I have been out on bail since the day after all three of us were arrested, and she and I have yet to appear before a judge for arraignment or any other proceedings, nor have we been issued a court date and have not received notification of any kind from the county regarding our case (cases). If her son's case is dismissed because the state fails to comply with rules pertaining to the time limit as explained by the judge, could we expect dismissal as well, or is our situation different because we have been free on bond?

Thank you.


Asked on 9/19/06, 7:17 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Time Limit for Preliminary Hearings

The rules are different. You must have a preliminary hearing within 60 days because you're on bond.

Your wife's son's case may be dismissed because of the 30 day rule. However, the State can go to the Grand Jury and indict him. That can happen to you, too, under those circumstances. I suggest you hire an attorney immediately.

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Answered on 9/20/06, 10:51 am


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