Legal Question in Traffic Law in Illinois
Speedy Trial
My Brother was arested for driving with a revoked drivers license.He was arested sept 10 2001.He was just appointed a court lawyer on dec 18 2001.where and when does the speedy trial take place?and does he have to demand it?Are they past the law of a speedy trial?
1 Answer from Attorneys
Re: Speedy Trial
Generally speaking, when someone is in custody, there are 120 days attached to the speedy trial term. When they are out on bond, then the state has 160 days to bring the case to trial. However, the rules are fairly complex, and yes, someone out on bond, must make a trial demand before the 160 days starts to run, while someone in custody does not need to make the initial demand, the statute does it for him, if the defendant either agrees to or causes a delay, the term is interupted and does not begin again until there is a written demand.
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