The Right To A Speedy Trial

The criminal process in Cook County can be a long one. Sometimes cases last for years. Clients unfamiliar with the system often ask about their “right to a speedy trial.” While it’s true they have that right, the criminal process in Cook County is usually far from speedy.

The right to a speedy trial is given to defendants both in the Constitution and by Illinois statute. The Constitutional right does not put an exact number on the speedy trial right, but the Illinois Statute does.

The Illinois statute states that a defendant in custody must be brought to trial within 120 days of the date they are taken into custody. A defendant on bond must be brought to trial within 160 days of the date they demand trial.

However, the speedy trial clock does not run unless the defendant or their attorney begins what’s called a speedy trial demand. If a defense attorney demands trial, they must be ready to actually go to trial. Often times, the defense attorney is waiting for the State’s Attorney to produce police reports, DNA or video that could potentially help a defendant’s case. In that situation, it would not be in a defendant’s best interest to demand trial. When a continuance is given without a speedy trial demand, that speedy trial clock does not run. This is why cases in the Cook County criminal system can take months and sometimes years to be resolved.