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Plea Withdrawal Archives

Plea Withdrawal When 725 ILCS 5/113-8 Court Advisement Is Given

In Illinois, a criminal defendant can file a motion for plea withdrawal within thirty days of the guilty plea. Prior to the plea a court is required to give the following admonishment to non-citizen defendants.

Plea Withdrawal Where Immigration Consequence Was Not Explained

In People v. Valdez, 2015 IL App (3d) 120892 (May 19, 2015) an Illinois Appellate court held that it was an error to deny a non-citizen Defendant's guilty plea withdrawal where his attorney failed to communicate clear immigration consequences. In Valdez, a defendant who was a noncitizen pled guilty to burglary predicated on theft. The Appellate Court held that it was an error to deny the Defendant's motion to withdraw his guilty plea. The immigration consequences of the plea were clear, as this was an aggravated felony. The attorney failed to meet his duty to advise Defendant that an aggravated felony is a mandatory ground of deportation. The court found that the Defendant was prejudiced by his attorney's deficiencies.

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