Is It Legal to Conduct Preliminary Hearing More Than 30 Days After Arrest ?
In People v. Bradley, 128 Ill. App. 3d 372, 470 N.E.2d 1121, 83 Ill. Dec. 701 (1984), the defendant petitioned for postconviction relief, claiming, among other things, that his constitutional right to a preliminary hearing was violated, as the defendant was given a preliminary hearing more than 30 days after he was arrested. Bradley, 128 Ill. App. 3d at 378-79.
The trial court dismissed the petition, finding that the defendant forfeited the issue and that, even if the issue was not forfeited, nothing in the record revealed that either the defendant's trial or appellate attorneys were ineffective for failing to challenge the delay in giving the defendant a preliminary hearing. Bradley, 128 Ill. App. 3d at 377.
The appellate court affirmed, determining that, forfeiture aside, the defendant failed to establish that any delay in giving the defendant a preliminary hearing prejudiced him. Bradley, 128 Ill. App. 3d at 379.
That is, "the delay occasioned by the granting of the continuance did not deprive [the defendant] of a fair and impartial trial." Bradley, 128 Ill. App. 3d at 379.
The court then observed that "even [the defendant] does not claim that the delay hampered the presentation of his defense." Bradley, 128 Ill. App. 3d at 379.