Legal Question in Criminal Law in Illinois
Right to a Speedy Trial
If someone was arrested and charged with a crime in IL when is the earliest date he can file a petition for a speedy trial. Lets say his charge was Rape, and lots of evidence were taken such as DNA. Can he file a right to a speedy trial on the date of arraignment, the date grand jury has found probable cause for a trial, or is it when the State is done with there discovery. I noticed that in cases such as rape and murder there are lots of evidence and time required and I was just curious whens the soonest a defendant can file a motion for the speedy trial. And if anyone knows how many days after the motion has been filed must the trial date start. I know its different if you are in and out of custody. Anyone know these dates for IL?
1 Answer from Attorneys
Re: Right to a Speedy Trial
Demand for speedy trial is filed at the bond hearingm which takes place within 72 hours after the arrest. Trial must start in most cases within 120 days if the defendant is not out on bond and within 160 days if a bond was posted. There are cases when People can ask for additional time beyond 120 days.
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