Legal Question in Criminal Law in Illinois

unadmonished concequence of plea agreement

a non citizen resident took a plea but was not told that he would be deported as a resoult.the plea was for asimple battery and the sentence was 1 year supervision.5years later he is being brought to ins for deportation...can awrit be filed to help him.? and can the state supreme court vacate his plea? the plea took place in 1999


Asked on 6/15/05, 11:06 am

1 Answer from Attorneys
alexander tolmatsky law offices of alexander tolmatsky

Re: unadmonished concequence of plea agreement

INS does not deport people who pled to a non-felony charge like battery. there is more to the story, but since more then two years passed since the plea none of Illinois courts including Illinois Supreme Court can address this plea

unless the plea violated US and/or Illinois Constitution, such as jury waiver etc.

You must contact an attorney immediately to address all possible issues.

Failing to let the defendant know that he/she may be deported based on the plea is not enough to vacate the plea at this time.

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Answered on 6/15/05, 7:23 pm


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