Branch 38 Preliminary Hearing Court

If your case is being heard in Branch 38, you are in a felony preliminary hearing courtroom located at 727 East 111th Street on the far south side of Chicago. This courtroom operates out of the same building as Branch 35 and is connected to Area 2 Police Headquarters, which is known for handling serious investigations, including violent crimes.

While Branch 35 handles misdemeanor cases, Branch 38 serves a different and important role in the criminal process. It is a courtroom dedicated to preliminary hearings in felony cases, which is a key stage in determining whether a case will move forward. Cases at Branch 38 include matters like armed robbery, drug charges, residential burglary, felony retail theft and other crimes.

Andrew M. Weisberg is a former Cook County prosecutor with nearly 30 years of experience handling criminal cases throughout Chicago and the surrounding suburbs. Early in his career, he spent significant time handling preliminary hearings, giving him a strong understanding of how these proceedings work and how they can impact the outcome of a case.

Location and Parking

Branch 38 is located at 727 East 111th Street in a building connected to Area 2 Police Headquarters.

As with Branch 35, the courthouse is accessed through a shared complex. As you approach, you pass through an entrance where the police station is on one side and the courthouse is on the other.

Parking is available in front of the building, but it is limited. While you are permitted to park in that area, spaces fill quickly. If you arrive late, parking may not be available, so it is important to plan ahead and get there early.

The Setting of the Courthouse

The building at 111th Street is older and has a very different feel compared to newer courthouses in Cook County.

The courtroom environment is more basic, with metal bench seating and a more compact layout. It is not designed for comfort, and court calls can sometimes take time, making preparation and patience important.

Despite the physical setting, the proceedings that take place here are serious. Felony cases at an early stage of the process are handled in this courtroom, and the decisions made here can affect how a case develops.

What Happens Before a Case Reaches Branch 38

By the time a case arrives in Branch 38, several steps have already occurred.

After an arrest, law enforcement has determined that there is probable involvement in a crime. The case is then reviewed and approved by the Cook County State’s Attorney’s Office, typically through the Felony Review Unit.

However, before a case can proceed further in court, a judge must determine whether there is a sufficient legal basis to continue the prosecution. That determination is made at the preliminary hearing.

The Purpose of a Preliminary Hearing

A preliminary hearing is a proceeding where the judge decides whether there is probable cause to believe that a crime was committed and that the person charged is responsible.

At this stage, the prosecutor presents evidence, often through the testimony of a detective and sometimes through the alleged victim. The suspect rarely if ever testifies at a preliminary hearing.

The judge evaluates that evidence and determines whether the case should move forward. The standard of proof is relatively low. The question is not whether the defendant is guilty beyond a reasonable doubt, but whether there is enough evidence to continue the case.

If probable cause is found, the case is then transferred to a trial courtroom for further proceedings.

The Use of Hearsay Evidence

One of the key features of a preliminary hearing is that the rules of evidence are more flexible than they are at trial.

In particular, hearsay evidence is often allowed. This means that a detective can testify about what other witnesses told them during the investigation, even if those witnesses are not present in court.

Because of this, the prosecution is often able to meet the probable cause standard without presenting every witness directly.

While this makes it more difficult to have a case dismissed at this stage, it does not mean the hearing lacks importance.

Grand Jury as an Alternative

In some cases, the State’s Attorney’s Office may choose to bypass the preliminary hearing and instead present the case to a grand jury.

A grand jury proceeding is conducted privately, without the presence of the defense, and involves testimony under oath before a group of citizens who determine whether charges should be formally issued.

Unlike a preliminary hearing, there is no opportunity for cross examination during a grand jury proceeding.

Why Branch 38 Matters

Even though the legal standard at a preliminary hearing is relatively low, the proceeding can still play an important role in the defense.

One of the most valuable aspects of the hearing is the opportunity to question witnesses under oath. This creates a record of their testimony at an early stage.

That testimony can later be used if the witness changes their version of events or provides different details at a later stage of the case.

For an experienced defense attorney, this is an opportunity to gather information, identify weaknesses in the case, and begin developing a strategy.

Review of Detention

In some situations, Branch 38 may also provide an opportunity to revisit issues related to detention.

If a defendant has been ordered detained, the defense may raise arguments based on the evidence presented at the preliminary hearing to request a reconsideration of that decision.

While not every case will involve this issue, it is another reason why this stage of the process can be important.

The Courtroom Environment

Branch 38 operates in a smaller, more focused courtroom setting.

Proceedings are generally efficient and centered on the presentation of evidence and legal arguments. The courtroom is typically occupied by attorneys, defendants, and witnesses involved in the case.

Because of the technical nature of the hearing, the focus is on the evidence and the legal standard rather than on broader trial issues.

Experience Matters in Branch 38

Preliminary hearings require a specific skill set.

Knowing how to question witnesses effectively, how to identify key points in testimony, and how to use that information later in the case requires experience and preparation.

Andrew M. Weisberg’s background as both a prosecutor and a defense attorney allows him to approach these hearings with a clear understanding of how they work and how they can be used to benefit his clients.

Getting Help Early

If your case is scheduled for a preliminary hearing in Branch 38, it is important to understand what this stage means and how it fits into the overall process.

Even though the standard is relatively low, the hearing can provide valuable insight into the case and can influence how it moves forward.

Contact Andrew M. Weisberg for a free consultation. He is available 24/7 to discuss your case. Call 773-908-9811 or submit a free case evaluation form, and you will receive a prompt response to begin protecting your rights.