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Is there a statute of limitations on indictments.

Chicago, IL |

my boyfriend was indicted in will on january 10'09, he was then transfered to cook county, where he was indicted on june 11'09. if there is a statute of limitations on indictments, would it be from when he was indicted in will county or cook county?

Attorney Answers 2


The Statute of Limitations operates to limit the amount of time the prosecution has to file charges and lodge an indictment. It does not limit the amount of time to bring the case to trial after indictment. That is a separate law relating to the right of the accused to a speedy trial. Illinois statute (720 ILCS 5/103-5) specifies how a defendant may "demand" speedy trial. In some cases, once a demand is made, the prosecution has 120 days, and in other matters 160 days. The actual application of this law is so complex that many attorneys (both prosecution and defense) have only a nominal grasp of the law. Experienced representation by a knowledgeable Illinois criminal defense attorney (not an occasional practitioner) is highly recommended, and the sooner counsel is retained, the more that attorney can do to help.

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I agree with the assessments of my colleague. The Statute of Limitations is not the legal theory that would apply in the facts that you list. I likewise suggest that your BF needs to discuss the possibility of filing a Demand for a Speedy Trial with his lawyer as soon as possible, to determine whether there is a benefit in his case of using this type of legal action. Good luck.

This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.

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