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Table of Contents

Chapter 1 — Criminal Law

I. [1.1] Scope

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

III. [1.5] What Is a Criminal Case?

IV. [1.6] Sources of Illinois Criminal Law

[1.7] Illinois Criminal Statutes

[1.8] Illinois Supreme Court Rules

[1.9] Constitutional Provisions

V. [1.10] How Do You Get Started in Your First Criminal Case?

VI. [1.11] Representing the Client Under Arrest

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

[1.13] Bailing the Client Out

[1.14] Initial Court Appearance

VII. Bail Reform

[1.15] The New Cashless Bail System

[1.16] Minor Offenses

[1.17] Serious Offenses

[1.18] Conditions of Release

[1.19] Hearing on Petition for Pretrial Detention

[1.20] Other Features of the Safety, Accountability, Fairness, and Equity-Today Act

VIII. Charge and Preliminary Hearing

[1.21] Complaint

[1.22] Charge by Indictment

[1.23] Charge by Information

[1.24] Preliminary Hearing

IX. [1.25] Arraignment and Plea

X. [1.26] Discovery

[1.27] Felony Discovery

[1.28] To the Accused

[1.29] To the State

[1.30] Misdemeanor Disclosure

XI. [1.31] Motion Practice

[1.32] Motion To Dismiss Charge

[1.33] Motion for Bill of Particulars

[1.34] Motion To Discharge Jury Panel

[1.35] Motion for Continuance

[1.36] Motion for Substitution of Judge

[1.37] Motion as of Right

[1.38] Motion for Cause

[1.39] Motion for Change of Place of Trial

[1.40] Motion for Joinder of Related Prosecutions

[1.41] Motion for Severance

[1.42] Motion for List of Witnesses

[1.43] Motion To Produce Confession

[1.44] Motion To Suppress Confession

[1.45] Motion To Suppress Evidence Illegally Seized

[1.46] Other Motions

XII. [1.47] Fitness

XIII. [1.48] Investigating the Case

XIV. Negotiations with the Prosecution

[1.49] In General

[1.50] What Is There To Negotiate?

[1.51] Alternatives to Conviction or Imprisonment

[1.52] Special Courts

[1.53] Drug Court

[1.54] Veterans Court

[1.55] Mental Health Court

[1.56] Role of the Judge in Negotiations

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

XV. [1.58] Guilty Pleas

XVI. [1.59] Speedy Trial

[1.60] Constitutional Speedy-Trial Rights

[1.61] Statutory Speedy-Trial Rights

XVII. [1.62] Trial in a Criminal Case

[1.63] In General

[1.64] Stipulated Bench Trials

[1.65] Motions in Limine

[1.66] Order of Trial

[1.67] Defenses

[1.68] Jury Instructions

XVIII. [1.69] Preserving Your Record

Timely Motion or Objection

[1.70] Motion

[1.71] Objection

[1.72] Offer of Proof

[1.73] Error in Instructions

[1.74] Posttrial Motion

XIX. [1.75] Sentencing

[1.76] Presentence Investigation Report

[1.77] Sentencing Options

[1.78] Victim-Impact Evidence

[1.79] Hearing

[1.80] Sentences, Extended Term Sentences, and Enhancements

[1.81] Consecutive and Concurrent Sentences

[1.82] Sex Offender Registration

[1.83] Preserving the Record at Sentencing

XX. [1.84] Appeal

XXI. [1.85] Expungement and Sealing

XXII. [1.86] Criminal Cases in Federal Court

XXIII. [1.87] Closing Remarks

XXIV. [1.88] Resources

Authors

Raymond D. Pijon
Raymond D. Pijon
Raymond D. Pijon is Principal Attorney of the Law Office of Raymond D. Pijon, in Chicago, where he focuses his practice on federal and state criminal defense. He is a member of the Federal Criminal Justice Act Panel. Mr. Pijon earned his B.A. from Loyola University Chicago and his J.D. from Loyola University Chicago School of Law.
Nicole E. Pijon
Nicole E. Pijon
Nicole E. Pijon is an Assistant Public Defender for the Law Office of the Cook County Public Defender in Chicago. She is a member of the National Association of Criminal Defense Lawyers and the National Association of Public Defenders. Ms. Pijon received her B.S. from the University of Illinois Urbana-Champaign and her J.D. from Loyola University Chicago School of Law.

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Elements of Illinois Law: Criminal Law 2023 Edition

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