Illinois Criminal Forms - Illinois Criminal Law

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Illinois Criminal Form Categories Illinois Law Crimial Misdemeanor Pretrial Hearing

FAQ Il Criminal Blank

What is criminal law? 

Criminal law is the body of law which covers crimes and criminal actions. It encompasses three different fields: substantive criminal law, criminal procedure and the special problems in administration and enforcement of criminal justice. However, the phrase criminal law as it is commonly used includes only substantive criminal law. Substantive criminal laws define particular crimes. In contrast, criminal procedure describes the process through which the criminal laws are enforced or it establishes rules for the prosecution of crime. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law through the gathering of evidence and prosecution is generally considered a procedural matter.

In criminal law, punishment is allowed due to the wrongful intent involved in the crime. A punishment, such as incarceration, seeks to give any victim involved retribution against the offender, deter the criminal from future criminal acts, and hopefully rehabilitate the offender. This is distinguished from civil law, which seeks to compensate the injured party rather than punish the wrongdoer.

What is a criminal action? 

A criminal action is an action instituted by the government to punish offenses against the public. A state or federal prosecutor can institute an action against an individual or group of individuals for violating state or federal criminal laws. Such actions are brought on behalf of society as a whole. The main part of a criminal action is the trial where innocence or guilt of accused is determined. If the accused is found guilty, a fine, imprisonment or even a death sentence may be imposed. The punishment depends upon the punishment provided in the statute under which the accused is prosecuted.

Certain types of claims are governed by a separate set of procedural rules. For example, bankruptcy claims are governed by Federal Rules of Bankruptcy Procedure, and appeals are governed by state or federal rules of appellate procedure. Specific courts may also have their own set of local court rules which must be followed, in addition to the applicable state or federal rules. The clerk of courts at a particular court may be asked to direct you to the local court rules.


Illinois Eviction Notice Types

In Illinois, there are three common types of eviction notices: the 5-day notice for nonpayment of rent, the 10-day notice for violating the lease agreement, and the 30-day notice for terminating a month-to-month tenancy. These eviction notices are formal documents that landlords serve to tenants when there is a breach of the rental agreement. The 5-day notice is used when a tenant fails to pay rent on time, while the 10-day notice is given for lease violations like noise complaints or unauthorized pets. Lastly, the 30-day notice is used to end a month-to-month tenancy without cause. It is important for both landlords and tenants to understand these eviction notice types to ensure fair and lawful proceedings.


Illinois Eviction Laws and Requirements

In Illinois, there are laws and requirements that landlords must follow when evicting tenants. First, landlords need to give tenants a written notice indicating the reasons for the eviction. This notice must be clear and provide a specific date by which the tenant needs to either fix the issue or leave the premises. If the tenant fails to comply, the landlord can file a lawsuit known as an eviction case or "forcible entry and detained" action. During the eviction process, both the landlord and tenant may have to go to court for a hearing. If the court rules in favor of the landlord, a sheriff's deputy may be called to remove the tenant and their belongings from the property. It's important for both landlords and tenants in Illinois to be aware of these laws and requirements to ensure a fair and legal eviction process.


What is the Eviction Process in Illinois?

The eviction process in Illinois is the legal way for a landlord to remove a tenant from a rental property. It starts with the landlord providing the tenant with a written notice, stating the reason for eviction and allowing a specific amount of time for the tenant to resolve the issue or move out. If the tenant doesn't comply, the landlord can file a lawsuit, known as an eviction lawsuit, in the appropriate court. A judge will then review the case and make a decision. If the judge rules in favor of the landlord, the tenant will be given a deadline to vacate the premises. If the tenant still refuses to leave, the court may issue an order for the sheriff to physically remove the tenant.


Step 1: Provide written notice

Step 1: Providing written notice in Illinois means communicating information through written words to another person or organization. It involves using a piece of paper or electronic document to inform them about something important. This notice can be about various matters like a change in plans, ending a contract or lease, or addressing a legal issue. By using clear and understandable language, it ensures that the recipient comprehends the information being conveyed.


Step 2: File for eviction

In Illinois, after serving the tenant with a written notice (such as a 5-Day Notice for failure to pay rent), the next step in the eviction process is to file an eviction lawsuit with the court. This means going to the local courthouse and filling out the necessary forms to officially start the eviction case. It is important to provide accurate information about the tenant, the reason for eviction, and any relevant documents or evidence. Once the forms are filed, a court date will be scheduled, and both parties will have an opportunity to present their side of the case before a judge.