Valid reasons to file a writ of habeas corpus

Asked over 5 years ago - Atlanta, GA

I need to file a writ of Habeas Corpus and I have found the form to do so, but I am not certain if my defense has any validity in the Fulton County court system (GA). My reason for filing is that I was represented by a public defender, who lied to me, and I took a plea deal (of probation) based on these lies. Now I need to know if that would hold any merit to possibly result in a favorable outcome on my behalf.
(Some of the lies she told me were:
1. that the probabtion was 2 years, but it was really five years 2. I would not have to divulge this plea on teaching applications- which is untrue 3. the only way to clear my record was to take the plea and even if I was found innocent I would still have a criminal record- which these charges are still listed on my record anyway).
Also, I was wondering what recourse the prosecution would have if I were to prove my case for the habeas motion. Could they possibly file to take my case to trial again?

Attorney answers (1)

  1. Lawrence Abram Kohn

    Pro

    Contributor Level 7

    Answered . In recent cases, the appellate courts have granted habeas actions for misleading information in plea negotiations. However, if the public defender told you the probation period was 2 years, you were standing in front of the judge as he/she pronounced sentence and might have been able to withdraw the plea. In addition, even if a jury found you not guilty, you would always have an arrest on your record. It can't hurt to file a habeas action, however, they are very difficult to win. Some questions such as the length of time between the plea and the present are important to determine whether or not to spend the money to re-open the case. Good luck.

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