How long does the state have to charge someone with burglary?

Question

i know someone who is on bail and house arrest and i wanted to know how long the state had to keep them like that before going to coure on daytime burlary

Mark R. Thiessen · Answer

2 years for the statute of limitations.

Jacob P. Sartz · Answer

If you are charged with a crime, you are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to counsel and should exercise that right. If you cannot afford  to retain a lawyer, the court may appoint you a lawyer at the public's  expense.   Your situation makes no sense; they have probably already been arraigned if they are under that type of supervision, they may be serving time as part of a sentence for another offense, or the case may be pending and just taking time. Are you describing federal or state charges and what specifically are  the charges  Armed Robbery  Home Invasion  Unarmed Robbery  Usually, though, the statute of limitations is at least six years, potentially longer, for a vast majority of criminal offenses.

Gregory Crain · Answer

They have a year from the date of arrest to have a trial.

Michael J. Breczinski · Answer

If he has been put on bond then he is already charged.  You should contact the court as to when the next date is.

John Patrick Yetter · Answer

Generally the Statute of Limitations on that class offense in Illinois is three years.

Steven Alpers · Answer

The statute of limitations is 3 years.

Ward McDonough · Answer

Check the Statute of Limitations in your State. Burglary is not a capital offense which generally has no limitations.

Jeffrey Pollock · Answer

Probably 5 years, the Felony Statute of Limitations.

Mark Smith · Answer

The person can have the district court charge dismissed within 6 months,   but that does not make the case go-away the state can recharge in Superior   Court. If the case is in Superior Court and the defendant desires a trial a   period of 18 to 24 months awaiting trial is not unusual.

Jared Winter · Answer

If they are on house arrest and on bail, then they have already been charged.  Is your question really about charging or is it more about trial?  You are probably asking how long they have to bring him or her to trial.  The answer to that question depends on whether they are charged with felony or misdemeanor burglary (there is no special designation for a "daytime" burglary).

James Edward Smith · Answer

1 year from the crime.

Francis Cowhig · Answer

Additional information is required to answer your questions.  If he is out on bail, why is he on house arrest.  Was he charged with a misdemeanor or felony?  For a misdemeanor, the defendant is usually brought to trial within approximately 45 days.  For a felony, it is usually approximately 2-1/2 months from the original arraignment.  These time periods are approximations only and depending on the circumstances can be extended.  I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding the case.  He/she would then be in a better position to analyze the case and advise you of any options.

Terry Nelson · Answer

He has already been ?charged?, which is why he is on bail.  Speedy trial rules apply unless he and his attorney have waived them, which is clearly the case here or he wouldn?t have been given house arrest.  He has a pending court date that was picked by agreement of the DA and defense.

Eric Sterkenburg · Answer

If your friend is out on bail and under supervision he has to of waved time. How long the prosecution has to bring him to trial depends on how long he waved time for. This is something he should know and if he does not his attorney should know.

Cynthia Henley · Answer

They are already charged if they are on bond and under restrictions that they remain at home.

Harley Gutin · Answer

Once someone is arrested for a felony charge the State has 180 days to arraign a defendant. The State upon arresting the defendant has 180 days to bring the person to trial. However, if the Defendant waives speedy trial by asking for a continuance or any other reason then speedy trial is waived.  The Defendant can bring a sixty day demand for speedy trial at any time after he is formally charged.  There are other actions and exceptions and the above is a general overview.

Leonard Harden · Answer

It depends what stage the person is at.  If charged and on bail from district court then 90 days is the general rule.  If indicted and on bail it could be 6 months before speedy trial begins to be a potential issue.  If person waives speedy trial then case could be delayed for a really long time.  Friend should talk to his lawyer.

Robert De Groot · Answer

Do you mean that the State has not filed formal charges against the Defendant? They have 33 days, extended to 40 with good cause to file charges. A felony case can take many months to resolve, and assuming that the  state has filed formal charges already, they have until the defense says that they are ready to go to trial. Many state attorneys don't really study the case until just before trial. There are usually pre-trials every month. More needs to be known before a complete and correct answer can be given. Consult an attorney.

Dennis Roberts · Answer

Not enough information.  If he refuses to waive time they have to bring him to  trial within 60 days.

Brian Wanerman · Answer

Three years for felony burglary, one year for misdemeanor burglary. But, issuance of an arrest warrant may toll (suspend) the statute. If this has happened to you, consult an attorney right away.

Jared Altman · Answer

That would be five years.

Carl Munson · Answer

The statute of limitations on a burglary is three years from the date   of the offense for the state to file the charge.  If the person has been charged and arraigned (pled not guilty), the   court has 90 days to bring them to trial if they are not in jail and   60 days if they are in jail.  Of course, the case can be continued for different reasons at the   request of the State and the defendant making it take a long time to   resolve.

Jonathan Baner · Answer

If on bail then that person has been charged.  If on some condition of release, then that means they have been charged.  Therefore, that person has probably already been charged.  It might be that the person has already been convicted and the sentence is probation that includes house arrest, but presumably you would be aware of that fact if you are asking questions.  One has a right to a speedy trial 60/90 days from the commencement date depending upon whether in custody/not in custody.  That 60/90 day rule is almost always waived to avoid rushing into court unprepared.  Further, it can be extended even without the consent of the Defendant in some circumstances.

Matthew Kober · Answer

If the person has already been charged, then the inquiry becomes quite complex and revolves around what either side has done to move the case forward.  The defendant does has a right to a speedy trial under the 6th amendment.  Typically, there has to be quite a substantial period of time (more than a couple months) with the prosecutor doing nothing to have a good 6th amendment argument.   A year is a good benchmark.

Kathryn Hudson · Answer

The statute of limitations depends on the level of crime but generally for unclassified B,C, or D felonies the period is three years.

Gregory Graf · Answer

The statute of limitations is five years from the date of the crime to charge someone.  Once the person is charged and enters a plea of not guilty, the state has 6 months to bring the defendant to trial.  It often takes several months before the not guilty plea is entered.

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How long does the state have to charge someone with burglary?

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