An Illinois Speedy Trial Demand is a legal motion that can be filed by a criminal defendant in Illinois to demand a speedy trial. The goal of this motion is to ensure that a defendant’s right to a speedy trial is upheld. If granted, the court must set a timeline for the trial that is reasonable and appropriate. Generally, a speedy trial must take place within 120 days of the filing of the motion. There are two types of Illinois Speedy Trial Demand motions: Pre-trial and Post-trial. A Pre-trial Speedy Trial Demand is filed prior to the start of the criminal trial and is used to request that the trial start within the required timeline. A Post-trial Speedy Trial Demand is filed after the trial has begun and is used to request that the trial be completed within the required timeframe.
Illinois Speedy Trial Demand
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FAQ
The more complicated cases take longer to prepare for trial. The number of parties and issues involved also affect the length of litigation. Virtually all lawyers handle many cases at the same time and thus the schedules of the various lawyers involved play a role in the time it takes for a case to get to trial.
Trials usually take place several months after the initial filing. If the case is not progressing 18 months after filing, the judge may decide to issue a ruling at that time. Trials expected to be a few hours will often be done in one sitting.
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.
Illinois law does however allow a person to revisit bond periodically to convince a judge to set bond. In summary, the length of time you can be held in custody after an arrest in Illinois is 48 hours. In the 48 hours, the police are looking for as much evidence as possible to charge you.
In federal court it is pretty routine to have a case set for trial within 12-18 months of filing. In state courts, however, the amount of time it takes to get to trial can vary widely county to county.
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.