Legal Question in Criminal Law in Illinois

Prlimenary Hearing

What can be done for a person that is jailed that did not have a prelimenary hearing within the first 30 days?


Asked on 2/06/09, 2:32 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Prlimenary Hearing

The law requires that a prisoner have either a preliminary hearing, or a grand jury hearing within he first 30 days of incarceration, or the prisoner must be released. You said that he didn't have a preliminary hearing, but you did not mention whether he was indicted by the grand jury.

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Answered on 2/06/09, 2:57 pm
Jeremy Richey Jeremy Richey, Attorney at Law

Re: Prlimenary Hearing

To add to George's answer, the person could have waived the prelim too. There is no requirement of a prelim where it has been waived.

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Answered on 2/06/09, 6:10 pm


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