How long does a felony case take in Cook County?

Under the Illinois Speedy Trial Act (725 ILCS 5/103-5), the State must bring a defendant in custody to trial within 120 days (and within 160 days for a defendant on pretrial release), excluding delays agreed to by the defense. In practice, discovery, motion practice, and forensic testing often span several months to over a year.

What is a Supreme Court Rule 402 conference in Illinois?

A Rule 402 conference is an off-the-record meeting between the judge, prosecutor, and defense attorney—held only with the defendant's consent—where the judge hears the facts and mitigation and states what sentence would be imposed on a plea of guilty.

The Felony Court Process in Illinois & Cook County

When someone is arrested for a felony in Chicago or suburban Cook County, the court process moves quickly through several distinct constitutional stages. Knowing what happens at each step helps you and your family make informed decisions from day one.

1. Arrest, Investigation & Felony Review

After an arrest, police detectives investigate and present the evidence to the Cook County State's Attorney's Felony Review Unit. Prosecutors decide whether to approve felony charges, reduce the matter to a misdemeanor, or decline prosecution ("CR" / continuing investigation). Never give a statement to police or Felony Review prosecutors without your attorney present.

2. Initial Appearance & SAFE-T Act Pretrial Detention Hearing

Under the Illinois Pretrial Fairness Act (SAFE-T Act, 725 ILCS 5/110), cash bail has been eliminated. Within 48 hours of arrest, you appear before a judge in the Pretrial Division. If the charge is detention-eligible and the State files a Petition to Detain, the judge holds an evidentiary hearing to decide whether you will be released (with or without conditions such as electronic monitoring) or detained in the Cook County Department of Corrections while your case is pending.

3. Preliminary Hearing or Grand Jury Indictment

Before a felony case can proceed to trial in Illinois, the State must establish probable cause through one of two mechanisms:

Preliminary Hearing: Held in open court before a branch court judge where a police officer testifies and is cross-examined by your defense attorney.
Grand Jury Indictment: Prosecutors present witnesses behind closed doors to a 16-member Cook County Grand Jury, which votes on whether to return a True Bill of Indictment.

4. Arraignment & Discovery

Once probable cause is found, the case is assigned to a felony trial courtroom (such as at 26th & California). At arraignment, you enter a formal plea of Not Guilty, and the court orders discovery. Under Illinois Supreme Court Rule 412, prosecutors must turn over police reports, body-worn camera (BWC) footage, 911 audio, lab reports, witness statements, and any favorable (Brady) evidence.

5. Pretrial Motions & Rule 402 Conferences

Motions to Suppress Evidence or Statements: If police violated your Fourth Amendment right against unreasonable searches and seizures or your Fifth Amendment Miranda rights, we litigate an evidentiary motion to exclude the illegally obtained evidence.
Supreme Court Rule 402 Conference: With your consent, your attorney, the prosecutor, and the judge meet to review the facts and your background so the judge can indicate what sentence would be imposed if you chose to plead guilty—giving you concrete certainty before deciding whether to go to trial.

6. Bench Trial or Jury Trial

Every person accused of a felony has the constitutional right to a trial where the State must prove guilt beyond a reasonable doubt. In Illinois, you choose whether to have a jury trial (12 citizens who must reach a unanimous verdict) or a bench trial (where the judge alone decides the verdict).

7. Sentencing & Post-Trial Rights

If a conviction occurs after trial or plea, the court orders a Presentence Investigation (PSI) report and holds a sentencing hearing where both sides present aggravating and mitigating evidence. Following sentencing, you retain strict 30-day deadlines to file post-trial motions or a Notice of Appeal.