Branch 44 Preliminary Hearing Court

If your case is being heard in Branch 44, you are in a felony preliminary hearing courtroom located at 3150 West Flournoy Avenue on the west side of Chicago. This courtroom operates out of the same building as Branch 43 and is connected to Area 4 Police Headquarters, which is known for investigating serious crimes, including violent offenses and homicides.

While Branch 43 handles misdemeanor cases, Branch 44 serves a very different and important function. It is a courtroom dedicated to preliminary hearings in felony cases, which is a critical stage in the criminal process. Case in Branch 44 include robbery, drug cases, felony retail theft and other felony 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 as a prosecutor, he spent approximately nine months assigned to this courtroom, handling preliminary hearings on a daily basis. That experience provides a deep understanding of how these hearings work and how they can impact the direction of a case.

Location and Parking

Branch 44 is located at 3150 West Flournoy Avenue, just off the Eisenhower Expressway.

As with Branch 43, the courthouse is connected to Area 4 Police Headquarters. The location can sometimes be difficult to find because Flournoy is a smaller street that does not run continuously through the city. The area is often referred to as Harrison and Kedzie, which is a more recognizable reference point.

There is free parking available across the street, and in some cases, street parking may also be available. It is still a good idea to arrive early to allow time for parking and security.

What Happens Before a Case Gets to Branch 44

Before a case reaches Branch 44, several steps have already taken place.

When a person is arrested and charged with a felony, the police have made a determination that they believe the individual committed a crime. That charge is then reviewed and approved by the Cook County State’s Attorney’s Office, typically through the Felony Review Unit.

However, those determinations alone are not enough to move a case forward through the court system. The case must still be reviewed by a judge to determine whether there is a sufficient legal basis to proceed.

That is where the preliminary hearing comes in.

What Is a Preliminary Hearing

A preliminary hearing is a court proceeding where a judge determines whether there is probable cause to believe that a crime was committed and that the person charged is the one who committed it.

At this hearing, the prosecutor presents evidence, which is often done through the testimony of a detective or, in some cases, the alleged victim.

The judge listens to the evidence and decides whether the legal standard of probable cause has been met.

This is a relatively low standard compared to what is required at trial. The question is not whether the defendant is guilty beyond a reasonable doubt, but whether there is enough evidence to justify moving the case forward.

If the judge finds probable cause, the case is then assigned to a trial courtroom where it will proceed to the next stage.

The Role of Hearsay Evidence

One important aspect of preliminary hearings is that the normal rules of evidence are relaxed.

In particular, hearsay rules do not apply in the same way they would at trial. This means that a detective can testify not only about what they personally observed, but also about what other witnesses told them during the investigation.

As a result, the prosecution can often meet the probable cause standard without presenting every witness directly in court.

This is one of the reasons why cases are rarely dismissed at the preliminary hearing stage, although it can happen in certain situations.

Grand Jury as an Alternative

In some cases, the State’s Attorney’s Office may choose not to proceed by preliminary hearing and instead present the case to a grand jury.

A grand jury proceeding is conducted in private and involves only the prosecution. A witness, often a detective, testifies under oath, and the grand jury determines whether there is sufficient evidence to issue an indictment.

From a defense perspective, this is very different from a preliminary hearing because there is no opportunity to cross examine witnesses.

Why Preliminary Hearings Matter

Although the standard at a preliminary hearing is low, the proceeding can still be very important.

One of the key advantages for the defense is the opportunity to hear testimony under oath and to question the witness. This creates a record of what the witness says at an early stage in the case.

That testimony can later be transcribed and used if the witness changes their story or provides different details at a later hearing or at trial.

For an experienced defense attorney, this can be a valuable opportunity to gather information, test the strength of the case, and begin shaping a defense strategy.

Review of Detention

Another important aspect of Branch 44 is that, in some situations, it may provide an opportunity to revisit issues related to detention.

If a defendant was ordered detained at an earlier hearing, the defense may raise arguments in Branch 44 to ask the court to reconsider that decision based on the evidence presented.

While not every case will involve this issue, it is another reason why this courtroom can play an important role in the overall process.

The Courtroom Environment

Branch 44 operates in a smaller courtroom setting, similar to other branch locations connected to police facilities.

The proceedings tend to be focused and efficient, with cases moving through the call as evidence is presented and rulings are made. Because the hearings are more technical in nature, the courtroom is often composed primarily of attorneys, defendants, and witnesses.

Experience Matters in Branch 44

Preliminary hearings require a different approach than other court proceedings.

Understanding how to question witnesses, how to identify key issues in the 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, including his time handling preliminary hearings in this very courtroom, 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 44, it is important to understand what is at stake and how the process works.

Even though the legal 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.