how long can state's attorney take to decide to prosecute in illinois
by Rae Harvey
Published 2 years ago
Updated 1 year ago
5 min read
This date is usually about 30 days from the date of the arrest. During the time between arrest and arraignment, the State's Attorney will assign one of his Assistant State's Attorney's to prosecute the case on behalf of the People of the State of Illinois.
How long does state attorney have to file charges in Illinois?
Generally, statutes of limitation are 18 months for misdemeanors and three years for felonies. However, there are some exceptions [720 ILCS 5/3-5]. When the police are seeking felony charges, the prosecutor is usually contacted to review the charges.
What is the statute of limitations in the state of Illinois?
LIMITATIONS PERIOD
The statute of limitations is seven years (735 ILCS 5/12-108(a)). However, Illinois law allows a judgment-creditor to revive an enforcement action within 20 years of the date the judgment was entered (735 ILCS 5/2-1602(a) and 5/13-218).
Who decides what cases to prosecute?
Prosecutors
They have what is called "prosecutorial discretion." Prosecutors can look at all the circumstances of a case, including the suspect's past criminal record, in deciding whether and what to charge.
Why does it take so long to prosecute?
This means we have to review and counter every bit of evidence they bring forward, from videos to lab results (blood, DNA), witness reports and photos. This takes time, and the defense doesn't have control over the volume of evidence the prosecution produces.
What crimes have statute of limitations in Illinois?
What crimes have no statute of limitations in Illinois?
In cases of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse where the victim is a minor, there is no statute of limitations.Jun 10, 2019
How long can a case be pending?
Civil/criminal pending cases cannot be stayed for more than 6 months; Extension can be granted only by speaking order: SC. Supreme Court: In order to ensure that the civil or criminal proceedings do not remain pending for unduly period at the trial stage, the 3-judge bench of A.K. Goel, Navin Sinha and R.F.Mar 28, 2018
What is one reason prosecutors may decide to dismiss cases?
After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.
Can police decide not to prosecute?
If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').
Why does it take so long to start a trial?
The more complicated cases take longer to prepare for trial. The number of parties and issues involved also affect the length of litigation. Virtually all lawyers handle many cases at the same time and thus the schedules of the various lawyers involved play a role in the time it takes for a case to get to trial.Oct 22, 2020
Why is my police case taking so long?
Time Limits to Investigations
The length of the police investigation is dependent on a variety of factors including the type of offence being investigated and the amount of evidence the police have already gathered. Complex and serious cases will inevitably take longer for the police to investigate.
Why does it take years to go to trial?
Serious illness by witnesses or attorneys can also delay a trial. Defense attorney Ed Noriega said that while some people believe it is better for the defense to delay a case, it's not always better for the defendant. Delays wear a defendant down when his future is on hold, Noriega said.Nov 22, 2009