Illinois § 111-5 Formal defects in a charge

Illinois Statutes

§ 111-5 — Formal defects in a charge

Illinois § 111-5

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 725CRIMINAL PROCEDURE

Act 725 ILCS 5/Code of Criminal Procedure of 1963.

Art.Title IV - Proceedings To Commence Prosecution

This text of Illinois § 111-5 (Formal defects in a charge) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

725 Ill. Comp. Stat. 111-5 (2026).

Text

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.