Legal Question in Criminal Law in Illinois

My brother was arrested on October 5th by the city of where he was found. Then transported to a county jail on October 7th I believe. He first called me 10/7. He has not yet been indited. He I think was supposed to be earlier this week but they changed the date to this Friday the 8th. I called the courthouse today and they said they canceled it or "stricken it" for a new court date of Nov. 13th.. which they said is a status hearing. I heard that the one that was supposed to happen tomorrow Nov. 8th was going to be an indictment with a grand jury. The court he had this past Monday the 5th ... he was told it "may be a Class 2 Felony for purchasing with intent to distribute?" BY LAW - shouldn't he have been indited or released within a 30 day period? By the time 11/13 rolls around it will probably be 37-40 days? We don't even know what starts the first day? When he was initially arrested or when he went to county jail. We are in ILLINOIS.. he has NEVER had any crimes until this past August when he was giving up on life.. He is a 10 year veteran and after that he put himself through college where he got his degree Bachelor of Science.. He warned his physcritrist

My question is shouldn't he have been indited or released by the 30th day? We are already past it? AND his doctor.. can't she possible get in trouble for not believing him .. Maybe if she did something maybe he would have been put into a hospital for evaluation instead of committing a crime that may put a first time felony on his record.

Anyone that has answers, please let me know.. Thank you for your help.


Asked on 11/08/12, 4:11 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

In Illinois the rule is 30 days from arrest for either a preliminary hearing or indictment if in custody. If out on bail, it's 60 days. However, that doesn't mean the case is dropped. He just gets released from custody until either a finding of probable cause at a preliminary hearing, or he's indicted. Then he'll be re-arrested and bail re-set. An accused can be indicted within 30 days without having gone to court. It's the date of the grand jury's action, not the court date.

I doubt if the doctor can get into trouble for this. Our justice system is based on actual behavior, not speculative behavior that may occur in the future.

I hope this helps you.

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Answered on 11/09/12, 7:48 am


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