ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/114-1 (2026)

Motion to dismiss charge

✓ current as of May 2026
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(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
    Sec. 114-1. Motion to dismiss charge.
    (a) Upon the written motion of the defendant made prior to trial before or after a plea has been entered the court may dismiss the indictment, information or complaint upon any of the following grounds:
        (1) The defendant has not been placed on trial in
    
compliance with Section 103-5 of this Code.
        (2) The prosecution of the offense is barred by
    
Sections 3-3 through 3-8 of the Criminal Code of 2012.
        (3) The defendant has received immunity from
    
prosecution for the offense charged.
        (4) The indictment was returned by a Grand Jury which
    
was improperly selected and which results in substantial injustice to the defendant.
        (5) The indictment was returned by a Grand Jury which
    
acted contrary to Article 112 of this Code and which results in substantial injustice to the defendant.
        (6) The court in which the charge has been filed does
    
not have jurisdiction.
        (7) The county is an improper place of trial.
        (8) The charge does not state an offense.
        (9) The indictment is based solely upon the testimony
    
of an incompetent witness.
        (10) The defendant is misnamed in the charge and the
    
misnomer results in substantial injustice to the defendant.
        (11) The requirements of Section 109-3.1 have not
    
been complied with.
    (b) The court shall require any motion to dismiss to be filed within a reasonable time after the defendant has been arraigned. Any motion not filed within such time or an extension thereof shall not be considered by the court and the grounds therefor, except as to subsections (a)(6) and (a)(8) of this Section, are waived.
    (c) If the motion presents only an issue of law the court shall determine it without the necessity of further pleadings. If the motion alleges facts not of record in the case the State shall file an answer admitting or denying each of the factual allegations of the motion.
    (d) When an issue of fact is presented by a motion to dismiss and the answer of the State the court shall conduct a hearing and determine the issues.
    (d-5) When a defendant seeks dismissal of the charge upon the ground set forth in subsection (a)(7) of this Section, the defendant shall make a prima facie showing that the county is an improper place of trial. Upon such showing, the State shall have the burden of proving, by a preponderance of the evidence, that the county is the proper place of trial.
    (d-6) When a defendant seeks dismissal of the charge upon the grounds set forth in subsection (a)(2) of this Section, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the prosecution of the offense is not barred by Sections 3-3 through 3-8 of the Criminal Code of 2012.
    (e) Dismissal of the charge upon the grounds set forth in subsections (a)(4) through (a)(11) of this Section shall not prevent the return of a new indictment or the filing of a new charge, and upon such dismissal the court may order that the defendant be held in custody or, if the defendant had been previously released on pretrial release, that the pretrial release be continued for a specified time pending the return of a new indictment or the filing of a new charge.
    (f) If the court determines that the motion to dismiss based upon the grounds set forth in subsections (a)(6) and (a)(7) is well founded it may, instead of dismissal, order the cause transferred to a court of competent jurisdiction or to a proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)

    
Notes of Decisions
Cited in 128 cases (40 in the last 5 years), 1994–2026 · leading case: People v. Hall, 743 N.E.2d 521 (Ill. 2000).
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People v. Hall, 743 N.E.2d 521 (Ill. 2000). · cites it 3× “725 ILCS 5/103-5(d) (West 1994); 725 ILCS 5/114-1(a)(1) (West 1994); Kliner, 185 Ill.”
People v. Marcum, 2024 IL 128687 (Ill. 2024). · cites it 3× “” 725 ILCS 5/114-1(a)(1), (b) (West 2020). ¶ 27 Defendant concedes that he did not file a pretrial motion to dismiss on statutory speedy trial grounds but argues that this court should review the issue as plain error.”
Vill. of Downers Grove v. Vill. Square III Condo. Ass'n, 2022 IL App (2d) 210098 (Ill. App. Ct. 2022). · cites it 4× “Defendant’s Motion to Dismiss ¶ 13 Defendant moved to dismiss the citations under section 114-1(a)(6) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-1(a)(6) (West 2018)), contending the trial court lacked jurisdiction.”
People v. Staake, 2017 IL 121755 (Ill. 2017). “725 ILCS 5/114-1 (West 2012). ¶ 31 Defendant argues that this court should consider his claim under the second prong of the plain error doctrine, citing a number of appellate court opinions that have found that a violation of the speedy-trial statute qualifies for second-prong…”
People v. Adams, 641 N.E.2d 514 (Ill. 1994). · cites it 3× “" (725 ILCS 5/114-1(a), (b) (West 1992).) If necessary, an evidentiary hearing may be conducted prior to trial to resolve any disputed issues of fact raised by a motion to dismiss.”
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “” 725 ILCS 5/114-1(a)(1), (b) (West 2016). “Any motion not filed within such time or an extension thereof shall not be considered by the court and the grounds therefor *** are waived.”
People v. Gill, 886 N.E.2d 1043 (Ill. App. Ct. 2008). · cites it 4× “Based upon this assertion, defendant claimed that (1) the trial court lacked jurisdiction and (2) the case should be dismissed pursuant to section 144-1(a)(6) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-1(a)(6) (West 2004)). We choose to address this motion because…”
People v. Soskin, 2021 IL App (2d) 191017 (Ill. App. Ct. 2021). · cites it 3× “725 ILCS 5/114-1(a) (West 2018). Applicable here is section 114-1(a)(8), which allows a trial court to dismiss an information where the “charge does not state an offense.”
In re Luis R., 2013 IL App (2d) 120393 (Ill. App. Ct. 2013). · cites it 4× “Section 114-1(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-1(a) (West 2006)) provides that, upon the written motion of -4- a defendant made prior to trial, before or after a plea has been entered, a trial court may dismiss the indictment, information, or…”
People v. Huff, 721 N.E.2d 1219 (Ill. App. Ct. 1999). · cites it 3× “The trial court granted the motion and dismissed the charges. The State appeals, arguing that Barylske's allegedly ineffective assistance was not a proper basis for dismissal under section 114-1(a) of the Code (725 ILCS 5/114-1(a) (West 1998)), and the court erred in its…”
People v. Wigman, 2012 IL App (2d) 100736 (Ill. App. Ct. 2012). · cites it 2× “The procedural vehicle for raising a claimed violation of the statutory right to a speedy trial is a pretrial motion to dismiss pursuant to section 114-1(a)(1) of the Code (725 ILCS 5/114-1(a)(1) (West 2006)). Section 114-1(b) of the Code provides that any motions for dismissal…”
Windy City Limousine Co., LLC v. Sal Milazzo, 2018 IL App (1st) 162827 (Ill. App. Ct. 2019). · cites it 3× “Although the prosecution cannot appeal from an acquittal in a criminal case, it can appeal from the dismissal of a charge based on any of the grounds enumerated in section 114-1 of the Criminal Code (725 ILCS 5/114-1 (West 2014)). Ill. S. Ct.”
Show all 128 citing cases →
— 725 ILCS 5/114-1(8) — 1 case
City of Chicago v. Powell Replaces opinion filed June 30, 2000 then withdrawn (Ill. App. Ct. 2000).
— 725 ILCS 5/114-1(a) — 27 cases
People v. Huff, 721 N.E.2d 1219 (Ill. App. Ct. 1999). “The trial court granted the motion and dismissed the charges. The State appeals, arguing that Barylske's allegedly ineffective assistance was not a proper basis for dismissal under section 114-1(a) of the Code (725 ILCS 5/114-1(a) (West 1998)), and the court erred in its…”
People v. Oliver, 859 N.E.2d 38 (Ill. App. Ct. 2006).
People v. Ziobro, 949 N.E.2d 631 (Ill. 2011).
People v. Adams, 641 N.E.2d 514 (Ill. 1994). “" (725 ILCS 5/114-1(a), (b) (West 1992).) If necessary, an evidentiary hearing may be conducted prior to trial to resolve any disputed issues of fact raised by a motion to dismiss.”
People v. Soskin, 2021 IL App (2d) 191017 (Ill. App. Ct. 2021). “725 ILCS 5/114-1(a) (West 2018). Applicable here is section 114-1(a)(8), which allows a trial court to dismiss an information where the “charge does not state an offense.”
— 725 ILCS 5/114-1(a)(1) — 14 cases
People v. Hartfield, 2022 IL 126729 (Ill. 2022). “” 725 ILCS 5/114-1(a)(1), (b) (West 2016). “Any motion not filed within such time or an extension thereof shall not be considered by the court and the grounds therefor *** are waived.”
People v. Hall, 743 N.E.2d 521 (Ill. 2000). “725 ILCS 5/103-5(d) (West 1994); 725 ILCS 5/114-1(a)(1) (West 1994); Kliner, 185 Ill.”
People v. Marcum, 2024 IL 128687 (Ill. 2024). “” 725 ILCS 5/114-1(a)(1), (b) (West 2020). ¶ 27 Defendant concedes that he did not file a pretrial motion to dismiss on statutory speedy trial grounds but argues that this court should review the issue as plain error.”
People v. Cooksey, 723 N.E.2d 784 (Ill. App. Ct. 1999).
People v. Wigman, 2012 IL App (2d) 100736 (Ill. App. Ct. 2012). “The procedural vehicle for raising a claimed violation of the statutory right to a speedy trial is a pretrial motion to dismiss pursuant to section 114-1(a)(1) of the Code (725 ILCS 5/114-1(a)(1) (West 2006)). Section 114-1(b) of the Code provides that any motions for dismissal…”
— 725 ILCS 5/114-1(a)(10) — 1 case
Davis v. Ewing (C.D. Ill. 2022).
— 725 ILCS 5/114-1(a)(11) — 5 cases
In re Commitment of Trulock, 2012 IL App (3d) 110550 (Ill. App. Ct. 2012).
People v. Washington, 2012 IL App (2d) 101287 (Ill. App. Ct. 2012).
People v. Washington, 970 N.E.2d 43 (Ill. App. Ct. 2012).
People v. Wilson, 2021 IL App (4th) 190445-U (Ill. App. Ct. 2021).
People v. Owen Opinion text corrected - August 3, 2001 (Ill. App. Ct. 2001).
— 725 ILCS 5/114-1(a)(2) — 16 cases
People v. Palen, 2016 IL App (4th) 140228 (Ill. App. Ct. 2016).
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2014).
People v. Palen, 2016 IL App (4th) 140228 (Ill. App. Ct. 2016).
People v. Wells, 2017 IL App (1st) 152758 (Ill. App. Ct. 2017).
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2015).
— 725 ILCS 5/114-1(a)(3) — 3 cases
People v. Wunderlich, 2019 IL App (3d) 180360 (Ill. App. Ct. 2020).
People v. Wunderlich, 2019 IL App (3d) 180360 (Ill. App. Ct. 2019).
People v. Sims, 2025 IL App (4th) 250148 (Ill. App. Ct. 2025).
— 725 ILCS 5/114-1(a)(5) — 3 cases
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2014).
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2015).
People v. N., 2025 IL App (4th) 231067-U (Ill. App. Ct. 2025).
— 725 ILCS 5/114-1(a)(6) — 8 cases
Vill. of Downers Grove v. Vill. Square III Condo. Ass'n, 2022 IL App (2d) 210098 (Ill. App. Ct. 2022). “Defendant’s Motion to Dismiss ¶ 13 Defendant moved to dismiss the citations under section 114-1(a)(6) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-1(a)(6) (West 2018)), contending the trial court lacked jurisdiction.”
People v. Gill, 886 N.E.2d 1043 (Ill. App. Ct. 2008). “Based upon this assertion, defendant claimed that (1) the trial court lacked jurisdiction and (2) the case should be dismissed pursuant to section 144-1(a)(6) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-1(a)(6) (West 2004)). We choose to address this motion because…”
People v. Fiveash, 2014 IL App (1st) 123262 (Ill. App. Ct. 2014).
In re Luis R., 2013 IL App (2d) 120393 (Ill. App. Ct. 2013). “Section 114-1(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-1(a) (West 2006)) provides that, upon the written motion of -4- a defendant made prior to trial, before or after a plea has been entered, a trial court may dismiss the indictment, information, or…”
People v. Williams, 2019 IL App (3d) 160132 (Ill. App. Ct. 2019).
— 725 ILCS 5/114-1(a)(7) — 1 case
People v. DeBates, 2021 IL App (2d) 200503 (Ill. App. Ct. 2021).
— 725 ILCS 5/114-1(a)(8) — 29 cases
People v. Soskin, 2021 IL App (2d) 191017 (Ill. App. Ct. 2021). “725 ILCS 5/114-1(a) (West 2018). Applicable here is section 114-1(a)(8), which allows a trial court to dismiss an information where the “charge does not state an offense.”
Windy City Limousine Co., LLC v. Sal Milazzo, 2018 IL App (1st) 162827 (Ill. App. Ct. 2019). “Although the prosecution cannot appeal from an acquittal in a criminal case, it can appeal from the dismissal of a charge based on any of the grounds enumerated in section 114-1 of the Criminal Code (725 ILCS 5/114-1 (West 2014)). Ill. S. Ct.”
In re Luis R., 2013 IL App (2d) 120393 (Ill. App. Ct. 2013). “Section 114-1(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-1(a) (West 2006)) provides that, upon the written motion of -4- a defendant made prior to trial, before or after a plea has been entered, a trial court may dismiss the indictment, information, or…”
Windy City Limousine Co., LLC v. Sal Milazzo, 2018 IL App (1st) 162827 (Ill. App. Ct. 2018).
People v. Wilkinson, 674 N.E.2d 794 (Ill. App. Ct. 1996).
— 725 ILCS 5/114-1(b) — 8 cases
People v. Marcum, 2024 IL 128687 (Ill. 2024). “” 725 ILCS 5/114-1(a)(1), (b) (West 2020). ¶ 27 Defendant concedes that he did not file a pretrial motion to dismiss on statutory speedy trial grounds but argues that this court should review the issue as plain error.”
People v. Wigman, 2012 IL App (2d) 100736 (Ill. App. Ct. 2012). “The procedural vehicle for raising a claimed violation of the statutory right to a speedy trial is a pretrial motion to dismiss pursuant to section 114-1(a)(1) of the Code (725 ILCS 5/114-1(a)(1) (West 2006)). Section 114-1(b) of the Code provides that any motions for dismissal…”
People v. Lutter, 2015 IL App (2d) 140139 (Ill. App. Ct. 2016).
People v. Lutter, 2015 IL App (2d) 140139 (Ill. App. Ct. 2015).
People v. Marcum, 2022 IL App (4th) 200656-U (Ill. App. Ct. 2022).
— 725 ILCS 5/114-1(c) — 2 cases
People v. Hall, 743 N.E.2d 521 (Ill. 2000). “725 ILCS 5/103-5(d) (West 1994); 725 ILCS 5/114-1(a)(1) (West 1994); Kliner, 185 Ill.”
People v. Gray (Ill. App. Ct. 2009).
— 725 ILCS 5/114-1(d) — 8 cases
People v. Hall, 743 N.E.2d 521 (Ill. 2000). “725 ILCS 5/103-5(d) (West 1994); 725 ILCS 5/114-1(a)(1) (West 1994); Kliner, 185 Ill.”
People v. Adams, 641 N.E.2d 514 (Ill. 1994). “" (725 ILCS 5/114-1(a), (b) (West 1992).) If necessary, an evidentiary hearing may be conducted prior to trial to resolve any disputed issues of fact raised by a motion to dismiss.”
People v. Polk, 942 N.E.2d 44 (Ill. App. Ct. 2010).
People v. Lutter, 2015 IL App (2d) 140139 (Ill. App. Ct. 2016).
People v. Lutter, 2015 IL App (2d) 140139 (Ill. App. Ct. 2015).
— 725 ILCS 5/114-1(e) — 8 cases
People v. Adams, 641 N.E.2d 514 (Ill. 1994). “" (725 ILCS 5/114-1(a), (b) (West 1992).) If necessary, an evidentiary hearing may be conducted prior to trial to resolve any disputed issues of fact raised by a motion to dismiss.”
People v. Gill, 886 N.E.2d 1043 (Ill. App. Ct. 2008). “Based upon this assertion, defendant claimed that (1) the trial court lacked jurisdiction and (2) the case should be dismissed pursuant to section 144-1(a)(6) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-1(a)(6) (West 2004)). We choose to address this motion because…”
People v. Washington, 2012 IL App (2d) 101287 (Ill. App. Ct. 2012).
People v. Washington, 970 N.E.2d 43 (Ill. App. Ct. 2012).
People v. N., 2025 IL App (4th) 231067-U (Ill. App. Ct. 2025).
— 725 ILCS 5/114-1(f) — 1 case
People v. Lange, 2021 IL App (2d) 200045-U (Ill. App. Ct. 2021).
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