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Table of Contents

Chapter 1 — Criminal Law

I. [1.1] Scope of Guide

II. Preliminary Thoughts

[1.2] Remember General Buford — Remember General Custer

[1.3] Introductory Caveat

[1.4] If You Are Interested in a Criminal Practice

[1.5] Otherwise

III. [1.6] What Is a Criminal Case?

IV. [1.7] The Sources of Illinois Criminal Law

[1.8] Illinois Criminal Statutes

[1.9] Illinois Supreme Court Rules

[1.10] Constitutional Provisions

V. [1.11] How Do You Get Started in Your First Criminal Case?

VI. [1.12] Representing the Client Under Arrest

[1.13] A Side Observation About Your Clients and the Truth

[1.14] Bailing the Client Out

[1.15] Initial Court Appearance

VII. Charge and Preliminary Hearing

[1.16] The Complaint

[1.17] Charge by Indictment

[1.18] Charge by Information

[1.19] The Preliminary Hearing

VIII. [1.20] Arraignment and Plea

IX. [1.21] Discovery

[1.22] Felony Discovery

[1.23] To the Accused

[1.24] To the State

[1.25] Misdemeanor Discovery

X. [1.26] Motion Practice

[1.27] Motion To Dismiss Charge

[1.28] Motion for Bill of Particulars

[1.29] Motion To Discharge Jury Panel

[1.30] Motion for Continuance

[1.31] Motion for Substitution of Judge

[1.32] Motion as of Right

[1.33] Motion for Cause

[1.34] Motion for Change of Place of Trial

[1.35] Motion for Joinder of Related Prosecutions

[1.36] Motion for Severance

[1.37] Motion for List of Witnesses

[1.38] Motion To Produce Confession

[1.39] Motion To Suppress Confession

[1.40] Motion To Suppress Illegally Seized Evidence

[1.41] Other Motions

XI. [1.42] Fitness

XII. [1.43] Investigating the Case

XIII. Negotiations with the Prosecution

[1.44] In General

[1.45] What Is There To Negotiate?

[1.46] Alternatives to Conviction or Imprisonment

[1.47] Special Courts

[1.48] Drug Court

[1.49] Veterans Court

[1.50] Mental Health Court

[1.51] Role of the Judge in Negotiations

[1.52] Reconsideration of, and Appeal from, Guilty Pleas

XIV. [1.53] Guilty Pleas

XV. [1.54] Speedy Trial

[1.55] Statutory Speedy-Trial Rights

[1.56] Constitutional Speedy-Trial Rights

XVI. [1.57] The Trial in a Criminal Case

[1.58] In General

[1.59] Stipulated Bench Trials

[1.60] Motions in Limine

[1.61] Order of Trial

[1.62] Defenses

[1.63] Jury Instructions

XVII. [1.64] Preserving Your Record

Timely Motion or Objection

[1.65] Motion

[1.66] Objection

[1.67] Offer of Proof

[1.68] Error in Instructions

[1.69] Posttrial Motion

XVIII. [1.70] Sentencing

[1.71] Presentence Investigation Report

[1.72] Sentencing Options

[1.73] Victim-Impact Evidence

[1.74] Hearing

[1.75] Enhancements

[1.76] Consecutive and Concurrent Sentences

[1.77] Preserving the Record at Sentencing

XIX. [1.78] Appeal

XX. [1.79] Expungement and Sealing

XXI. [1.80] Criminal Cases in Federal Court

XXII. [1.81] Sources

Authors

Joshua Sachs
Joshua Sachs
Joshua Sachs is Principal Attorney of the Law Office of Joshua Sachs, in Evanston, where he concentrates his practice in appellate criminal cases. Mr. Sachs, now semi-retired after 45 years of active practice in the trial and appeals level defense of Illinois and federal criminal prosecutions, has returned to music, his first love. He plays the cello in the Evanston Symphony Orchestra and in the Symphony of Oak Park and River Forest. Mr. Sachs earned his B.A. from Grinnell College and his J.D. from the University of Illinois College of Law.

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Elements of Illinois Law: Criminal Law (ARCHIVED 2015 EDITION)

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