People v. Ziabro

Illinois Supreme Court PLAs
Criminal Court
Pre-Trial Procedure
Citation
PLA issue Date: 
May 26, 2010
Docket Number: 
No. 110085
District: 
3rd Dist.
This case presents question as to whether defendants, who had been charged with traffic offenses, were entitled to dismissal of said charges, where arresting officers set first appearance date more than 60 days from date of arrest. Appellate Court found that trial court's dismissals were not abuse of discretion where first appearance dates were set in contravention of Rule 504. Appellate Court further held that dismissals as to three defendants were properly found to be with prejudice since said defendants had filed timely jury trial demands prior to first appearance dates. However, dismissal as to fourth defendant should have been without prejudice where said defendant merely filed motion to dismiss at first appearance date without having previously requested jury trial demand.