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guera2114 · Aug 28, 2010, 07:22 AM

How long does the prosecution have to indict a person in Illinois?

Fr_Chuck · Aug 28, 2010, 11:36 AM

It depends on the crime, misdemeanor, felony, what crime.

excon · Aug 28, 2010, 11:45 AM

Hello g:

In Illinois, there is NO statute of limitations on 1st or 2nd degree murder, attempt to commit first degree murder, criminal solicitation to commit murder, involuntary manslaughter, reckless homicide, treason, arson, or forgery.

In general, all other felony's are 3 yrs WITH some exceptions involving underage victims. Misdemeanors - 18 months.

excon

guera2114 · Aug 28, 2010, 03:44 PM

Its for armed home invasion class "x" does that make a diffrence?? Just trying to get some info on this for a friend thxs

guera2114 · Aug 28, 2010, 03:55 PM

Sorry its just home invasion class "x"

Fr_Chuck · Aug 28, 2010, 06:20 PM

Sounds like it is the 3 years

guera2114 · Aug 28, 2010, 06:55 PM

They can they really hold you for 3 years without doing anything?. in county jail??

Fr_Chuck · Aug 28, 2010, 07:57 PM

No, you did not ask how long they can hold you in jail,

You asked how long they can hold you before they officially charge you.

So what is the exact charge you are being held on ?
Have you had a first appearance in court ?
Is bail set ?

excon · Aug 29, 2010, 02:18 AM

Hello g:

Yeah, that's a different question... 72 hours in jail before charges are levied - that's all they got.

excon

guera2114 · Aug 29, 2010, 08:07 AM

Its not for me and they have had him in jail since aug 9th pickd him up on a warrant for home invasion, defaced firearm, unlawfull use of a firarm by a felon and criminal tresspassing and haven't done anything to him yet haven't put any evidence forward told him what's going on or anything just keep cont his court dates all they said is they found a piece of hair down the street from the crime that's his and this happned back in oct 2008... when does it take almost 2 years for dna evidence?? This case is bull**** if you ask me.. lol... does this help?

excon · Aug 29, 2010, 08:17 AM

Originally Posted by guera2114

.....does this help??

Hello again, g:

Yes, it does. I think you'll find that he HAS been charged with a crime already. Therefore, additional charges from the grand jury won't change anything.

excon

Fr_Chuck · Aug 29, 2010, 08:21 AM

No, they already had a warrant, so there were already charges placed against him. I will assume he had a bail hearing.

No the evidence does not come out till trial.

From the time of arrest, till the trial, can even be a year or more.

And on DNA evidence, yes it can take about a year or year and a half, it is not like TV , crime labs are seriously backed up

guera2114 · Aug 29, 2010, 08:51 AM

So if since they placed a warrant out for him they won't indict him because they already charged him? I think I understand lol sorry

excon · Aug 29, 2010, 08:59 AM

Hello g:

Here's the deal.. An ARREST warrant does NOT mean that CHARGES have been levied. In MANY instances, they have NOT. IF they haven't, the prosecutor has 72 hours in which to do so, or they have to let the guy OUT of jail. They STILL have 3 years (assuming that's the SOL for this crime) for a grand jury to indict a person. Or, the prosecutor can file charges himself WITHOUT going to a grand jury anytime within the SOL.

All they need is ONE charge to keep him in jail. They can certainly add others later and most likely will.

excon

guera2114 · Aug 29, 2010, 09:12 AM

OK thanks for your help

Fr_Chuck · Aug 29, 2010, 09:43 AM

And in some areas they have the grand jury first, who change and then they issue a warrant.

So only his attorney will know what is happening.

But if he is in jail after 3 days, they had charges of some type on hm, ( those charges can be changed, and more added and some dropped)

Unless he makes bail, he will sit in jail till the trial, which can be months and months down the road