Illinois Speedy Trial Rights

Summary

In Illinois, defendants in custody must be tried within 120 days, while those on bail have 160 days after demanding a trial. Continuances requested by the state must be justified and should not infringe on the defendants right to a speedy trial. If continuances are excessive and unchallenged by your attorney, consider discussing the possibility of filing a motion to dismiss based on a violation of your speedy trial rights. Consult with your attorney to ensure your rights are protected and to explore the option of objecting to further continuances.

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Illinois
In Illinois, the following rules apply for a speedy trial:
- For a defendant in custody, the trial must commence within 120 days from the date the defendant is taken into custody.
- For a defendant on bail or recognizance, the trial must start within 160 days of the defendant demanding a trial.
Do you have any more details regarding your case?
The state keeps asking for a continuance and it keeps getting set out 3 months at a time.
In Illinois, while the speedy trial clock typically requires a trial within * or 160 days depending on custody status, the state can request continuances. However, these must usually be justified and not violate your right to a speedy trial.
How many continuances have been granted so far?
Yes
To provide more precise information, I need to know how many continuances have been granted so far. Additionally, if you have a public defender or a private attorney, have they raised any objections to these continuances? This information will help assess if your right to a speedy trial has been violated.
* and no she has not objected
Given that there have been three continuances granted and no objections raised by your attorney, it might be worthwhile to discuss this with your attorney and consider filing a motion to dismiss based on a violation of your right to a speedy trial.
Is there any more specific detail you can provide about the reasons for the continuances?
The demand for speedy trial was entered on */*/*, I had a preliminary hearing on */*/*, pretrial */*/*, and pre trial on */*/*. The state keeps asking for a continuance saying that they need the time to make an offer.
In Illinois, the right to a speedy trial is crucial. With three continuances and the state citing the need for more time to make an offer, you should discuss with your attorney about objecting to further continuances. Consider filing a motion to dismiss due to a speedy trial rights violation.
Would you like more detailed information on filing a motion to dismiss?
Yes
In Illinois, you may file a motion to dismiss based on a violation of your right to a speedy trial. The steps usually include:
- Drafting the motion detailing the continuances and lack of objections.
- Citing the relevant Illinois statutes and case law.
- Filing the motion with the court.
Would you like more information on drafting the motion?