Chicago Criminal Lawyer Blog
Why Many Defendants Misunderstand Speedy Trial Rights in Illinois
In Chicago, it is common for individuals charged with a crime to believe their case must be resolved quickly because of the right to a speedy trial. That belief is partly correct but often incomplete. Both the United States Constitution and Illinois law recognize a defendant’s right to a timely trial, yet the application of that right depends heavily on how the case unfolds.
Illinois law, specifically 725 ILCS 5/103-5, sets out the framework for speedy trial timelines. For defendants who are held in custody, the State generally must bring the case to trial within 120 days. For those who are released, the timeline may extend to 160 days after a formal demand for trial is filed. These rules sound straightforward at first, but the reality in Cook County courts is far more complex.
