405 Ill. App. 3d 879
Ill. App. Ct.2010Background
- State charged Majors with harassment by telephone, a Class B misdemeanor, via information filed July 24, 2009.
- At first appearance (August 18, 2009), the court asked for officer testimony on probable cause; none was present.
- State explained a voluntary statement had been sent to police and then to the State's Attorney for consideration.
- The court dismissed the case for lack of probable cause because no officer testified.
- State appealed, arguing probable cause at a preliminary hearing is not required to support a misdemeanor.
- Court previously recognized that probable cause is required for felonies but not misdemeanors; Davis governs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for lack of probable cause was proper for a misdemeanor | Majors not required to show probable cause at preliminary hearing for misdemeanor | Dismissal correct as lacking probable cause at preliminary stage | Reversed; probable cause not required to support a misdemeanor at a preliminary hearing |
Key Cases Cited
- People v. Davis, 397 Ill.App.3d 1058 (2010) (misdemeanor not bound by probable cause requirement at preliminary hearing)
- People v. Williams, 223 Ill. App.3d 692 (1992) (due process considerations in pretrial dismissal cited)