QUESTION
Are witnesses allowed to testify for the defense at a preliminary hearing in a domestic case?
Asked on Aug 21st, 2011 on Domestic Violence - Illinois
More details to this question:
My friend falsely accused a man for domestic violence, he''s being charged with two counts of Home Invasion and a Domestic Battery in the state of Illinois. She wants to testify that it was not him and why she blamed him at his preliminary hearing. Also what are the Illinois state case laws to support witnesses in a domestic violence preliminary hearing for the defense?
1 ANSWER
Lori G. Levin
It is difficult to determine from your question whether or not the preliminary hearing has taken place. It sounds like she already testified at the preliminary hearing. If that is the case, then if there has been a finding of probable cause, the case is now proceeding. Moreover, if he is actually charged with the offense of Home Invasion, this is a Class X offense.
Your friend should immediately contact an experienced criminal defense attorney to determine whether she herself now has legal issues. If she has testified, she has done so under oath. She should contact an attorney directly.
Lori Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
312-972-3756
Answered on Aug 31st, 2011 at 6:17 PM