What is the next step after filing a habeas corpus and it is granted and can a public defender be used in the next stages?

Asked over 2 years ago - Atlanta, GA

My son filed a habeas corpus after he claimed his public defender did not do his job.Basically he was told if he took a plea he would have a chance for parole after he was sentenced I inquired about the parole process for my son with the parole board. After a couple of days they contacted me and informed me that parole was not even offered in his case. I attempted to contact the attourney for several months with no return phone calls or not being in his office.

Attorney answers (2)

  1. Noah Howard Pines

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . It does not sound like your son's habeas petition has been granted yet, only that he filed one. The next step will be for a judge to hold a hearing on the petition. If it is granted then his case basically starts over. I am not aware of public defenders being provided for habeas cases in most counties and your son really needs a lawyer to represent him in this kind of proceeding.

  2. Musa Munir Ghanayem

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Depending on the County there should be a Circuit Defender who can be appointed to do post conviction relief. His claim that that office was the cause of his Habeas may cause a conflict of interest, I suggest you contact an attorney who specializes in post conviction relief see if you can get a consultation and fully explain your situation with all possible paperwork you may have.

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