Quincy, IL asked in Criminal Law for Illinois

Q: If you file for speedy trial and later except an offer does your time stop or continue until settlement.

The judge refused states attorneys agreement by this time it was past 120 days

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2 Lawyer Answers
Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: This is something you need to discuss with your attorney. Your questions tells me that you have an attorney. These types of questions is why you have an attorney. Your attorney has all of the needed information in order to answer this question.

William Wolf
William Wolf
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You need to consult with your attorney on the case. Your question does not have enough facts to answer the question.

You are referring to the Illinois Speedy Trial Act. The Act does state that cases must be heard within 120 days for people who are in custody there the defendant is demanding a speedy trial. For people out of custody, it's 160 days, again, where the defendant is demanding a speedy trial.

With most continuance requests, the time is not running. If the lawyers are agreeing to a continuance, which is usually the smart thing to do in a case, the "Speedy Trial clock" is not running.

Your lawyer should be able to answer these questions, including whether it's a good idea in your case to demand a speedy trial or not.

Usually, it isn't.

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