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A plea withdrawal motion asks the judge to let you take your plea back. It is filed with the circuit clerk where you were convicted. It must be in writing, and explain why the judge should allow you to change your mind.
If a judge grants the motion, you are given the opportunity to withdraw a prior plea and substitute it with a plea of not guilty. In general, you file a motion to withdraw a plea when you realize that pleading guilty or pleading no contest is not in your best interest.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
A Motion to Dismiss is often filed by the defendant right after the plaintiff serves the defendant with the complaint. Many of the reasons for dismissing a case may only be argued at the beginning of the case before the defendant answers the complaint or files any other motion.
In a criminal trial, the defendant's lawyer can ask for a motion to dismiss the charges, arguing that the government has failed to prove its case. In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion.