Can my girlfriend get me off of my domestic violence charges? 2 Answers as of July 14, 2011

My girlfriend and I went to court for a domestic battery. I plead guilty to the charge so I wanted to know if it possible that if she goes back into court can she reverse the charges or somehow take it back to court so that the charges can be dropped? What could be done about this? Thanks

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Brucar & Yetter, P.C.
Brucar & Yetter, P.C. | Wayne Brucar
You would have to file a motion to withdraw your plea within 30 days of its entry to begin the process. In the motion, you would have to give a legal basis for withdrawing the plea, such as your inability to understand the proceedings or incompetent legal representation. Your girlfriend's recantation is not enough to withdraw the plea and would not likely be enough to get the charges dropped even if your motion was successful. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem. W
Answer Applies to: Illinois
Replied: 7/14/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
If the case was just heard in court, you can petition to vacate your guilty plea, and ask the prosecutor to agree to dismiss the charges, but the chance of doing so is less than 1%. Why didn't she ask the prosecutor to dismiss the charges BEFORE you pled guilty??????????? Didn't you discuss this with her BEFORE the fact???????????? Let me tell you, the people of the State of Illinois are the party plaintiff in this case, NOT your girlfriend. If the prosecution wanted to, they could force her to proceed in any case, as she is merely a complaining witness in the case, in other words, the State picks up the case as plaintiff, not your girlfriend.
Answer Applies to: Illinois
Replied: 7/13/2011
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