Right to a Speedy Trial
Defendants Released on BondEvery defendant who is released on bail or on his or her own recognizance must be tried in a court having proper jurisdiction within 160 days from the date defendant demands trial. To perfect the demand, the demand must be in writing and it must incorporate the prior demands made under the Act. Time spent in custody can be counted in calculating the 160 term if a speedy trial demand is made upon being released.
Defendants in CustodyEvery defendant who is in custody while awaiting trial must be tried within 120 days from the date the defendant was taken into custody. Unlike a defendant who has been released on bond, a defendant in custody does not need to demand trial to start the 120 day clock. However, a defendant will be considered to have agreed to a delay if he or she does not object to the delay by making a written or oral demand for trial. The 120 day period does not apply to a person who is in custody for a violation of parole or mandatory supervised release and on bail or recognizance for another offense.
The 120 day term must be one continuous period of incarceration. In computing the 120 day term, separate periods of incarceration may not be combined. Also, if a defendant is taken into custody a second (or subsequent) time for the same offense, the term will begin again at day zero.
Delay Occasioned by the DefendantRegardless of whether the defendant is in custody or released on bond, the speedy trial period will toll if the delay is occasioned by the defendant. The demand must be unequivocal to be effective and any motions filed by the defendant will toll the statutory period.
A defendant who is released on custody and who subsequently fails to appear will be deemed to have waived any prior demands. As a result, the speedy trial period will be reset to zero.