Illinois Waiver of Trial

State:
Illinois
Control #:
IL-SKU-2664
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PDF
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Description

Waiver of Trial

Illinois Waiver of Trial is a legal document used by a criminal defendant in the state of Illinois to waive their right to a jury trial. This document is used when the defendant wishes to plead guilty or no contest to the criminal charges pending against them. There are two types of Illinois Waiver of Trial: The Bench Trial Waiver and the Jury Trial Waiver. The Bench Trial Waiver is used when the defendant wishes to plead guilty or no contest and have the judge decide the outcome of the case. The Jury Trial Waiver is used when the defendant wishes to plead guilty or no contest and have the jury decide the outcome of the case. In either case, the defendant must sign the document and have it witnessed by a notary public.

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FAQ

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.

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.

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.

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.

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.

More info

Howard,' the Georgia Supreme. In criminal cases, a defendant has a right to a jury trial.A judge will act as the trier of fact if there is a waiver of that right. Rule or statute requiring opposing party's consent to withdrawal of demand for jury trial, 90 A.L.R.2d 1162. Waiver of Jury Trial. Fill out the form to access a sample of Practical Guidance. (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. 11.54 What are the procedures for requesting and obtaining a waiver of the requirements for clinical trial results information submission? Plaintiff, v. ,. Defendant.

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Illinois Waiver of Trial