Skip to main content

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

Hoffman Estates, IL |

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.

Attorney Answers 5

Posted

Term has not run.

Mark as helpful

7 lawyers agree

Posted

No, the term has not run.

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

6 lawyers agree

Posted

No. It hasn't run out.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

Thank you.

--- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
http://addbalance.com

--- Facebook Page
http://www.facebook.com/CriminalDefenseMadTown

--- Talking to the Police - Advice from Lawyers and Police
http://addbalance.com/police.htm

--- Miranda Rights (and Wrongs)
http://addbalance.com/miranda_rights.htm

DISCLAIMER:

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.

Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only. See “more” link below for more.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Mark as helpful

3 lawyers agree

1 comment

David Scott Olshansky

David Scott Olshansky

Posted

Case law provides the State another opportunity to re-try a defendant after a trial occurs on the term date and where after the judge orders a new trial. This case law can be found easily by looking at the annotated statutes on the Speedy Trial Act 725 ILCS 5/103-5

Posted

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

Tiffany Ritchie
Schierer & Ritchie
(312) 888-5833

Mark as helpful

1 lawyer agrees

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics