If the State takes a case to trial on the 160th day and the judge finds the defendant guilty then vacates the finding of trial

And orders a new trial; has the term run out since the trial took place on the last day of the term. Wouldn't the next date be the 161st day and hence beyond the term assuming that the 1st day of the trial counts toward the term.

Hoffman Estates, IL -

Attorney Answers (5)

Stephen L. Richards

Stephen L. Richards

Criminal Defense Attorney - Chicago, IL

Term has not run.

Joshua Sachs

Joshua Sachs

Criminal Defense Attorney - Evanston, IL

The timely first trial satisfied, or at least tolled, the term. I would have to review the statute to see precisely where this leaves you but I am quite sure that the new trial is not time-barred.

Judy A. Goldstein

Judy A. Goldstein

Criminal Defense Attorney - Mokena, IL

No, the term has not run.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Criminal Defense Attorney - Madison, WI

No. It hasn't run out.

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Tiffany Rose Ritchie

Tiffany Rose Ritchie

Criminal Defense Attorney - East Peoria, IL

I agree with the other attorneys. The term has not run.

Tiffany Ritchie
Schierer & Ritchie
(312) 888-5833

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