Illinois Waiver of Trial is a special type of legal process that allows those accused of a crime to avoid a formal trial and admit guilt in exchange for the reduced or dropped charges. It is a form of plea bargaining, in which the accused agrees to plead guilty or no contest in exchange for a lesser charge or sentence. There are two types of Illinois Waiver of Trial: Negotiated Waiver of Trial, and Non-Negotiated Waiver of Trial. Negotiated Waiver of Trial is when the accused and the prosecution make an agreement on the outcome, and the accused pleads guilty in exchange for reduced or dropped charges. The prosecution and defense negotiate the terms of the agreement, such as the charges, sentences, and other aspects of the case. Non-Negotiated Waiver of Trial is when the accused pleads guilty or no contest without any negotiation with the prosecution. This type of agreement is usually less favorable to the accused, as they do not have the opportunity to negotiate for reduced or dropped charges or a lighter sentence.
Illinois Waiver of Trial
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FAQ
Whether it's a good idea to waive time depends entirely on the circumstances of the case. It might be possible that the defense can force the prosecution to trial before the latter is ready?but that can be a risky strategy. Usually, it makes sense to take whatever time is necessary to fully prepare a defense.
You can choose to waive your right to a jury trial and opt for a bench trial instead. A bench trial is where a judge alone hears the evidence and decides whether you are guilty.
The Illinois Constitution, Ill. Const., Art. I, § 13, guarantees the right to a jury trial, but the parties may waive this right.
A jury trial waiver is issued when a defendant chooses to forego a jury trial and have the judge hear and decide the case solely by himself or herself.
But what exactly constitutes ?speedy?? In state criminal cases, Illinois law says that a defendant who is taken into custody must be tried within 120 days. If the defendant is released on bond, he or she must be tried within 160 days after filing a written demand for a trial.
Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.
Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.
A jury trial waiver is issued when a defendant chooses to forego a jury trial and have the judge hear and decide the case solely by himself or herself.