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Posted Aug 21st, 2011
Are witnesses allowed to testify for the defense at a preliminary hearing in a domestic case?

Additional Details:
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?
Legal Topic Area: Domestic Violence in IL

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 6:17pm