CBA Record March-April 2022

YOUNG L AWYERS S EC T I ON : COME TOGE THER

Navigating the Speedy Trial Process By JarradWoodson

A speedy trial is one of two founda tional rights for defendants (a jury trial is the other). Th e decision to demand a speedy trial involves many fac tors, and calculating the term on a demand can get messy. Th e pandemic made the entire process even more complex. So, what now? How can a criminal defendant demand a speedy trial, especially during the pandemic, and when should they do so? Th is article follows up the YLS Crimi nal Law Committee’s 2022 live seminar: Speedy Trials and the Covid Era (available on demand at learn.chicagobar.org). In focusing on the criminal defense perspec tive, it describes how the Illinois response to Covid-19 delayed ongoing trials and provides some practical tips for navigating the current state of speedy trials. When to Demand a Speedy Trial When starting with a new case, there is nothing wrong with demanding a speedy

trial at the bond court level or before the client is arraigned. Th e term by which trial must be completed can start at pre arraignment, and the client cannot be tried without arraignment. Th us, no harm exists by making a demand at this stage. When does demanding a speedy trial carry more weight in the case? That depends. It is important to compare the potential discovery with what has been gathered so far. If there is substantial out standing discovery, demanding a speedy trial may be risky. If the facts of the case are complex, then consider waiting to make the demand. Remember: demanding a trial tells the State and the court that the case is ready for trial right here, right now. Another question to consider is: do any other motions need to be fi led? Complex motions may require substantial time because, among other things, they may require extensive briefing and hearing. Generally, the more complex a motion to

be heard, the less likely a demand will be e ff ective. People v Donalson , 356 N.E.2d 776, 778 (Ill. 1976) (holding that the defendant should be charged for delay after fi ling a motion to suppress evidence and that the State needed time to prepare a response given its burden at the hearing). Simple motions that do not require exten sive brie fi ng can be heard without risking a chargeable delay. What Happens After the Demand Under Illinois law, once a defendant has demanded a speedy trial, the State is required to bring a trial within 120 or 160 days of the demand. Th e length of term is fi rst determined by whether the client is in custody. If so, then the length of the term is 120 days. Th e day the demand is made is not counted towards the 120 or 160-day term. People v. Grant , 369 N.E.2d 850 (Ill. App. 3d 1977). Once the demand is made, only the State can select the follow

22 March/April 2022