Illinois § 111-5 Formal defects in a charge

Illinois Statutes

§ 111-5 — Formal defects in a charge

Illinois·Topic RIGHTS AND REMEDIES·Ch. 725 CRIMINAL PROCEDURE·Act 725 ILCS 5/ Code of Criminal Procedure of 1963.·Art. Title IV - Proceedings To Commence Prosecution

An indictment, information or complaint which charges the commission of an offense in accordance with Section 111-3 of this Code shall not be dismissed and may be amended on motion by the State's Attorney or defendant at any time because of formal defects, including:

(a)Any miswriting, misspelling or grammatical error;

(b)Any misjoinder of the parties defendant;

(c)Any misjoinder of the offense charged;

(d)The presence of any unnecessary allegation;

(e)The failure to negative any exception, any excuse or proviso contained in the statute defining the offense; or (f) The use of alternative or disjunctive allegations as to the acts, means, intents or results charged.

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An indictment, information or complaint which charges the commission of an offense in accordance with Section 111-3 of this Code shall not be dismissed and may be amended on motion by the State's Attorney or defendant at any time because of formal defects, including: (a) Any miswriting, misspelling or grammatical error; (b) Any misjoinder of the parties defendant; (c) Any misjoinder of the offense charged; (d) The presence of any unnecessary allegation; (e) The failure to negative any exception, any excuse or proviso contained in the statute defining the offense; or (f) The use of alternative or disjunctive allegations as to the acts, means, intents or results charged.

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