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  1. #1
    Join Date
    Mar 2006
    Posts
    6

    Default How Long Does The Felony Pre-Trial Process Take

    I'm in the state of Illinois and am wondering just how long it may take for a actual Felony Battery Trial to occur.. Is there a maximum amount of time? Can the defendant (with his lawyer's help obviously) have the actual trial pushed back as much as possible (1, even 2 years or so)? Could this be achieved by asking for discovery time and time again?

    Thanks so much for the info.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    75,472

    Default

    A defendant has speedy trial rights, which vary by state, but those rights only relate to delays in trial for which the state is responsible. If the delay is caused by the defendant or defendant's lawyer, the delay doesn't count toward any speedy trial claim. Pushing a case back for years? The trial judge would normally exercise much better docket control than that.

  3. #3
    Join Date
    Mar 2006
    Posts
    6

    Default Re: How Long Does The Felony Pre-Trial Process Take

    We are now sitting at 15 months since the initial charges were made and still only in the Discovery period.. It seems as if it is the State that is taking all this time though.

    Any idea on how long these things can last? How long does the Defense get once the State has finished forwarding all of their evidence over? And once Discovery finally ends, generally how long do the other steps after this take before the Trial can begin?

    Just seems like an awful long time.

    Thanks!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: How Long Does The Felony Pre-Trial Process Take

    Isn't a criminal defense lawyer involved? The lawyer is the best person to ask about why a particular case is taking so long to get to trial, and how long it may take from this point forward. (Or, for the victim, the prosecutor's office.)

  5. #5
    Join Date
    Mar 2006
    Posts
    6

    Default Re: How Long Does The Felony Pre-Trial Process Take

    Oh yes, there are Defense Attorneys involved... I haven't personally approached either side for information.

    Just wondering why this seems to be taking so long, and if this is normal in this type of case?

  6. #6
    Join Date
    Feb 2010
    Posts
    1

    Default Re: How Long Does The Felony Pre-Trial Process Take

    HH Gregg,

    So really how much time it took for your case to go to trial. I am also in the same boat, it is almost 13 months and still i have not got the discovery which i requested. Trial dates keeps getting postponed every six months. Because of pending charges it is difficult to get job and difficult to survive. Looks like I am being punished without any reason, and not sure who is going to pay for it, if the case is against gov.

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