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Mario Godoy - Owner/Attorney

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. (725 ILCS 5/113?8) Sec. 113?8....

Criminal

Mario Godoy - Owner/Attorney

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...