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CHICAGO CRIMINAL DEFENSE ATTORNEY TIKHVINSKIY
CHICAGO PLEA WITHDRAWAL CRIMINAL DEFENSE ATTORNEY TIKHVINSKIY
If You Want to Revoke Your Plea, Call Chicago Plea Withdrawal Criminal Defense Attorney Tikhvinskiy.
Above all, Chicago Plea Withdrawal Criminal Defense Attorney warns that you should have a lawyer who does not afraid to set your case for a trial. Regretfully, often, criminal defense lawyers do not want to fight for you in front of jurors. Usually, those lawyers will just talk you into accepting some form of a plea agreement. Next, you will find yourself in front of the judge answering “yes” and “no” to questions that you do not really understand. It is over in five minutes. Let’s hope that you pleaded to something not serious. However, sometimes, people end up with a criminal conviction on their records without even understanding it.
Whether You Can Revoke Your Plea Agreement Explained by Chicago Plea Withdrawal Criminal Defense Attorney Tikhvinskiy.
Usually, it is very hard to withdraw your guilty plea. First, according People v. Evans, 174 Ill. 2d 320, 326 (1996), the decision to enter a guilty plea is a grave and solemn act. Second, it is not a temporary and meaningless formality reversible at the defendant’s whim. Third, under People v. Manning, 227 Ill. 2d 403, 412 (2008), a defendant does not have an absolute right to withdraw his guilty plea. At the same time, it could be possible if you have Chicago criminal defense attorney Tikhvinskiy on your side. It is possible to vacate a plea to correct a manifest injustice under the facts involved.
When You Can Withdraw You Plea.
There are several situations when you can revoke the plea. First, your lawyer, the prosecutor, and the judge did not comply with Illinois Supreme Court Rule 402. Second, the judge has to give you the advisement under 725 ILCS 5/113‑8. Third, you did not understand what you were doing. Fourth, you had a chance to win at trial. Fifth, somebody tricked you into pleading guilty.
Do You Need a Lawyer to Withdraw Your Plea?
Absolutely, yes! First, if you want to revoke your plea, you have to follow a lot of legal requirements. For example, you must comply with Supreme Court Rule 604(d). Second, you have only 30 days to withdraw your guilty plea.
I Pleaded Guilty Two Months Ago. Can I Revoke the Plea?
Illinois law clearly states that you have only 30 days to revoke your plea. Thus, you should act fast! For example, you pleaded guilty a long time ago. Can you revoke it? Specifically, Illinois Supreme Court Rule 604(d) says that you have only 30 days to revoke your plea. Moreover, that rule requires strict compliance. However, in People v. Church, the court ruled that a trial court has the inherent authority, upon proper application and showing of good cause, to grant an extension of time for filing a motion to reconsider sentence or a motion to withdraw the guilty plea. Therefore, if you retain Chicago plea withdrawal criminal defense attorney Tikhvinskiy, you will have a chance to revoke your bad plea.
If You Have Questions About Your Plea, Call Chicago Plea Withdrawal Criminal Defense Attorney Tikhvinskiy.
After the court grants your motion, the case will return to a trial stage. Thus, this time, you will need a skilled criminal defense attorney to fight for you. Always, Chicago criminal defense attorney Tikhvinskiy fight aggressively to protect the rights of his clients. Moreover, Chicago criminal defense attorney Tikhvinskiy represents clients in Chicago, the Greater Chicago Area, Cook County, Lake County, McHenry County, Kane County, DuPage County, Will County, Kendall County, Grundy County, Winnebago County, Boone County and all over Illinois. The first consultation is 100% free and always confidential! Call at (312) 583-7345!