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


    Contributor Level 18


    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


    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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