A Lawyer, and How Soon the Trial Comes
725 ILCS 5/103-5 — trial within 120 days in custody, or 160 days from a demand while released
Every person charged with an offense is allowed counsel before pleading to the charge, and a defendant who wants a lawyer and has not found one gets a recess or a continuance to find one and consult before pleading.
Who handles this in Illinois: Illinois State Bar Association, Illinois Lawyer Finder; and legal aid programs and the state offices, listed in the Illinois directory.
In every case except one where the penalty is a fine only, a defendant the court finds indigent who wants counsel has the Public Defender appointed.
| Where the person is | Tried within |
|---|---|
| Where the person isIn custody for the alleged offense | Tried within120 days from the date taken into custody |
| Where the person isOn pretrial release or recognizance | Tried within160 days from the date the defendant demands trial |
- Delay the defendant causes, a fitness examination or hearing, and an interlocutory appeal do not count against the time.
- Delay is treated as agreed to unless the defendant objects by a written demand for trial or an oral demand on the record.
- Missing a court date waives a released defendant's demand for trial.
Sources for this section (2)
- 725 ILCS 5/113-3 — 725 ILCS 5/113-3
- 725 ILCS 5/103-5 — Speedy trial
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Illinois attorney.