What Are My Speedy Trial Rights in Illinois?

If you are facing criminal charges in Illinois, you have the right to a speedy trial. This right is guaranteed by both the United States and Illinois Constitutions, and it is intended to ensure that defendants are not held in custody for extended periods of time without the opportunity to prove their innocence. In this blog post, we will explore what your speedy trial rights are in Illinois and what you can do to protect them.

What Are Your Speedy Trial Rights in Illinois?

Under Illinois law, a defendant who is being held in custody pending trial on a felony charge must be brought to trial within 120 days of their arrest. This time period is known as the "speedy trial" period.

However, there are exceptions to this rule. For example, if the defendant requests a continuance, the speedy trial clock will stop until the new trial date. Similarly, if the defendant is unavailable for trial due to a medical condition, the speedy trial clock may be paused.

Additionally, there are circumstances where the speedy trial clock may be paused or extended for the convenience of the court or the prosecution. For example, if a judge is unavailable to hear a case due to illness, the speedy trial clock may be paused until the judge is available.

If you have been released on bond while awaiting trial in Illinois, your speedy trial rights are slightly different than if you were in custody. Specifically, the speedy trial clock begins running when you appear in court and plead not guilty to the charges against you. This is true even if you are released on bond prior to trial.

Under Illinois law, a defendant who is released on bond pending trial on a felony charge must be brought to trial within 160 days of their arraignment. This time period is also known as the "speedy trial" period.

As with defendants who are in custody, there are exceptions to this rule. For example, if the defendant requests a continuance, the speedy trial clock will stop until the new trial date. Similarly, if the defendant is unavailable for trial due to a medical condition, the speedy trial clock may be paused.

Additionally, there are circumstances where the speedy trial clock may be paused or extended for the convenience of the court or the prosecution. For example, if a judge is unavailable to hear a case due to illness, the speedy trial clock may be paused until the judge is available.

What Happens if Your Speedy Trial Rights Are Violated?

If your speedy trial rights are violated in Illinois, you may be entitled to have your case dismissed. This means that the charges against you would be dropped, and you would be released from custody.

However, it's important to note that the dismissal of your case is not automatic if your speedy trial rights are violated. The defense must raise the issue in court and demonstrate that the violation prejudiced their client's defense. The court will then evaluate the totality of the circumstances to determine whether the violation of the defendant's speedy trial rights resulted in a violation of their constitutional rights.

How Can You Protect Your Speedy Trial Rights?

If you are facing criminal charges in Illinois, it's important to take steps to protect your speedy trial rights. Here are some tips:

1.     Stay in contact with your attorney: Your attorney can help you understand your rights and ensure that your case is moving forward in a timely manner. If you have any concerns about the progress of your case, don't hesitate to speak to your attorney.

2.     Be present for all court dates: If you fail to appear for a court date, the speedy trial clock may be paused. Make sure that you attend all court dates and that you are on time.

3.     Don't waive your speedy trial rights: If you agree to waive your speedy trial rights, the speedy trial clock will stop until the new trial date. While there may be circumstances where waiving your rights is in your best interest, it's important to understand the potential consequences before doing so.

4.     Be proactive: If you believe that your speedy trial rights are being violated, speak to your attorney as soon as possible. Your attorney can take steps to protect your rights and ensure that your case is moving forward in a timely manner.

In conclusion, your speedy trial rights are an important part of the criminal justice system in Illinois. If you are facing criminal charges, it's important to speak to an experienced criminal defense attorney who can help you understand your rights and develop a defense strategy that is tailored to your unique situation. An attorney can review the evidence against you, evaluate the progress of your case, and take steps to protect your constitutional rights.