Not likely. If you’re not granted bail, you sit in jail until tried.
However he may be able to do something with the “speedy trial” angle.
Thanks for the explanation.
*** Not likely. If you’re not granted bail, you sit in jail until tried.
However he may be able to do something with the “speedy trial” angle. ***
A friend of mine was murdered by her boyfriend (Texas in the 70’s). His skin was under her nails, He had scratches on his face and arms, pretty much a slam dunk. He was held w/o bail for 90 days. His lawyer got the charges against the boyfriend/murderer dismissed under the swift and speedy trial act, and he walked free.
A liberal criminal defense attorney once told me that, if you read the Constitution properly, there is an absolute right to bail. Nothing about "danger to the community" or "likely to flee." Those exceptions to the "right to bail" were invented by the courts.
Unless he waived it. Under Illinois law the trial must begin within 120 days of arrest. That's not sufficient time to prepare in many cases so defendants waive their right to a speedy trial in order to give their lawyers more time to prepare. Of course once you waive it then all bets are off and the trial could be years down the road.