Illinois Demand For Speedy Trial is a law that requires criminal defendants in the state of Illinois to be brought to trial within a certain amount of time once they have been formally charged with a crime. There are two types of Illinois Demand for Speedy Trial: statutory and constitutional. Statutory demand for speedy trial is set by the Illinois Criminal Code and requires criminal defendants to be brought to trial within certain timeframes based on the severity of the charge. Constitutional demand for speedy trial is based on the Sixth Amendment of the U.S. Constitution, which guarantees defendants the right to a speedy trial. In Illinois, the constitutional demand for speedy trial requires that criminal defendants must be brought to trial within 120 days of their initial arrest or filing of charges, whichever is later.
Illinois Demand For Speedy Trial
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When the Defendant Delays the Trial. Regardless of whether the defendant is in custody or is on pre-trial bond, when a defendant causes a delay or agrees to the continuance, the speedy trial period is ?tolled.? Tolling allows for the pausing or delaying of the running of the period of time.
The right to a speedy trial also is crucial to ensuring that a criminal defendant receives a fair trial. If too much time elapses between the alleged crime and the trial, witnesses may die or leave the area, their memories may fade, and physical evidence may be lost.
Ing to 725 ILCS 5/103-5, defendants in custody waiting for trial must be brought to trial within 120 days of the date they are taken into custody.
One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent. If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date.
But what exactly constitutes ?speedy?? In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial.
But what exactly constitutes ?speedy?? In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial.
A demand for speedy trial shall be considered a pleading that the accused is available for trial, has diligently investigated the case, and is prepared or will be prepared for trial within 5 days.