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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.

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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 isTried within
Where the person isIn custody for the alleged offenseTried within120 days from the date taken into custody
Where the person isOn pretrial release or recognizanceTried 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)
  1. 725 ILCS 5/113-3 — 725 ILCS 5/113-3
  2. 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.

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