When I first decided to add a blog to our website, mcnamaraandaustin.com, I wanted to provide a place where recent Illinois Supreme Court and Illinois Appellate Court cases could be summarized and discussed. I will try to focus on areas relevant to narcotics and drug cases including search and seizure and other Fourth Amendment issues. But I will also discuss other areas of criminal law that are germane. I hope this will be useful for both attorneys and clients. I welcome any and all feedback including any links or related case law.
Recently the Illinois Appellate Court came down with a ruling regarding sentencing and required admonishments. In People v. Leobardo Delvillar No. 1-06-2449 out of the First District. In Delvillar, the defendant plead guilty to aggravated unlawful use of a felon and was sentenced to four years in the penitentiary. During his plea, the trial court admonished the defendant about his various rights but neglected to admonish him about the consequences of his plea as a non-citizen. Later, the defendant filed a motion to withdraw his guilty plea as involuntary and to vacate his conviction. At that hearing, the court denied the defendant's motion because the defendant did not inform the court that he was a non-citizen. Sec. 113-8 of the Code of Criminal Procedure provides that the court must inform defendants pleading guilty to felonies or misdemeanors, "if you are not a citizen of the U.S., 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 U.S. or denial of naturalization under the laws of the U.S." The Appellate Court remanded the case for further proceedings rejecting the trial court's interpretation that the admonishment depended on whether the defendant was a citizen. In essence, the Court found that the admonishment is required in all circumstances. Therefore, it is important to fully admonish all clients prior to any plea about the consequences of that plea on their immigration/citizenship status. For more information contact Edward Austin of McNamara & Austin, P.C. or email me at austin@mcnamaraandaustin.com
