Chicago DUI attorney comments on "Defendants Demanding Trial"

This Chicago DUI attorney sometimes finds handling legal matters a lot like blinking.  It becomes a reflex.  Today as a case against a client was dismissed I said what I always say in response to the words from the prosecutor, “Motion State S-O-L”.  Whenever those words are the call, my response is the same, “Defendant Demands Trial”.  Some lawyers are clever and simply say, “D-D-T”.

Whenever a Defendant Demands Trial and is not in custody, the prosecutor has one hundred and sixty days to answer ready.  In this case, if they choose to do something very rare, but it does happen, and re-instate the charges against the defendant then they better get a move on and get to trial in a timely manner as required by law.

If the prosecutor is unable to answer ready for trial within that time frame and they are unable to convince the court to provide them with an extension, and the defendant has always used that response of “Defendant Demands Trial” then all charges are dismissed against the accused and they can’t come back.