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

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. Advisement concerning status as an alien. Before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, the court shall give the following advisement to the defendant in open court:

“If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States.”

Recently in 2015, an Illinois Appellate court has held that this admonishment does not relieve an attorney from communicating the immigration consequences of a guilty plea where the deportation consequences are clear. In certain cases a plea withdrawal is merited.

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The attorneys at Godoy Law Office, represent individuals trapped at the intersection of criminal law and immigration law. As record numbers of legal permanent residents and undocumented immigrants are being deported from the United States, many because of previous criminal convictions, it is increasingly important for immigration attorneys and defense attorneys to understand the immigration consequences of criminal convictions.

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