Illinois Motions and Pre-trial Orders for Criminal Cases are legal documents that are used during the pre-trial stages of criminal proceedings in the state of Illinois. They are used to requesting certain court orders, such as requests for continuance, dismissal, suppression of evidence, or a change of venue. They also provide information about the parties involved in the case, and the charges being brought against them. There are several types of Illinois Motions and Pre-trial Orders for Criminal Cases, including: • Motion to Suppress: A motion to suppress is a request to the court to exclude certain evidence from being used in the trial. This motion is based on the idea that the evidence was illegally obtained, or obtained in violation of a defendant's constitutional rights. • Motion to Dismiss: A motion to dismiss is a request to the court to dismiss the charges against the defendant. This motion is based on the idea that there is no sufficient evidence or legal authority to continue the case against the defendant. • Motion for Continuance: A motion for continuance is a request to the court to postpone the trial date. This motion is typically used when the defendant needs additional time to prepare for the trial. • Motion for Change of Venue: A motion for change of venue is a request to the court to move the trial to a different court in the state. This motion is based on the idea that the defendant cannot receive a fair trial in the county in which the case is set.
Illinois Motions and Pre-trial Orders for Criminal Cases
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FAQ
A motion to discover is a request to the judge to order the other side to share evidence.
The charges can be dropped if the indictment was returned by a grand jury that was improperly selected or acted contrary to Illinois law and resulted in substantial injustice to the defendant. The court will dismiss the case if it does not have jurisdiction.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
Common pre-trial motions include: Motion to Dismiss ? an attempt to get the judge to dismiss a charge or the case.Motion to Suppress ? an attempt to keep certain statements or evidence from being introduced as evidence.Motion for Change of Venue ? may be made for various reasons including pre-trial publicity.
Although rarely granted, a defendant has the right to file the motion and make an argument for dismissal under certain conditions. In Illinois the Code of Criminal Procedure, under 725 ILCS 5/114-1, grants authority to file a Motion to dismiss charge.
2-619. Involuntary dismissal based upon certain defects or defenses.
The defendant can file a Motion to Dismiss and ask the court to throw out the entire case.
Under the current pretrial system in Illinois, after a person is arrested they are brought before a judge for a bond hearing where the judge makes an initial decision about whether the person may be released from custody or held in jail.