Mon - January 5, 2004

Judicial Advisement , Plea of Guilty, (725 ILCS 5/113-8 new)


Starting January 1, 2004, a plea of guilty will now only be "intelligent and informed" when the judge has admonished the non-citizen defendant that his plea may have an adverse consequence on his non-citizen status in the United States (P.A. 93-0373). This may turn into a right without a remedy because the new  Section 113-8 does not require the judge to vacate the plea for failure to admonish. (see Wisconsin Supreme Court case below, where statute requires judge to admonish and failure to do so means absolute right to vacate plea) Illinois Senate  Amendment No. 1 deleted the requirement that, after the court fails to make the advisement to the alien, and the alien shows that conviction of the offense may have immigration consequences for the defendant, the court shall, on the defendant's motion, vacate the plea of guilty.

Posted at 12:35 PM     Read More  

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