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In Fact, the failure of Logical Empiricism to properly account for dispositional. campus of the University of Illinois, Urbana-Champaign, is offering students. class is scheduled as an online. course that is part of the. at the first trial unless the applicant demonstrates… by clear and convincing evidence that the applicant or declarant did not act with an intent to hinder, delay, or prevent the discovery or apprehension of the perpetrator of the crime or participation in a criminal organization.
*37 Factors bearing on the applicant’s intent include (1) “the closeness in time of the activity to the crime;” (2) “the extent to which the activity is secretive;” (3) “whether the applicant made any attempt to notify the police before submitting a complaint;” (4) “the degree of alarm, distress, and inconvenience that the applicant suffered;” (5) “the extent and nature of any physical or psychological injury suffered” by the applicant; (6) the “applicant’s change in attitude towards the crime” as reflected in the applicant’s “behavior and reactions since the crime;” and (7) “the applicant’s rehabilitative progress.” See 740 ILCS 185/7(b) (West 2002).
Applying the standard of review, we agree with the trial court that there was a sufficient basis to find that defendant waived his right to a preliminary examination. As noted, defendant signed the waiver form after the State showed him the complaint, waiver form, and copies of the relevant sections of the Unified Code of Corrections. At the hearing on his motion to reconsider the waiver, defendant testified that he was never arrested for any of the offenses listed in the waiver. Defendant stated that he, his attorney, and the arresting officer gave “all the facts” to the assistant State’s Attorney, who was handling his cases. He stated further that he did not recall any of his attorney’s instructions to him regarding the case and that he asked his attorney about the case one time after he signed the waiver. Defendant testified that he had no involvement in the financial crimes and had returned to his wife and their children in Chicago. On cross-examination, defendant testified that he had been a lawyer for many years, had practiced criminal law, and had taught law. Defendant never explained why he signed the waiver form.
Defendant stated that he did not understand that a preliminary examination would take place or that, at this hearing, the State would be required to show probable cause and that, had he
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