I plead guilty to 2 felony shoplifting and 1 misdemeanor shoplifting when my co-defendant who had 9 of these charges in this county alone as well as 4 open cases of shoplifting in another county on top of a vop for the same charge in a third county plead guilty. (he was my husband) He stated in open court when he was sentenced that I had nothing to do with this crime nor did I have knowledge of his actions. He additionally wrote letters to DA Judge and my public defender. The only evidence was video surveylance of me placing items in a buggy I never concealed items, went past a point of payment, nor was I anywhere near him when he left store with items. I did not load items into vehicle nor am I even on tape leaving store at same time as him. I was told that DA was going to send me to prison solely based on fact that I had a criminal history. (Never committed or charged with shoplifting in my life). The crime I was convicted of before this was 9 years earlier although I had vop convictions for non-report during those nine years,. Not one arrest for a new charge since in those nine years.
You left out the facts about your decision to plead guilty. That was your choice. You posted reasons why you should not have made that decision. You can't win an appeal just on a bad decision you made. See a criminal lawyer. If you didn't have one then, that was the problem.
So you made a decision to plea guilty rather than take your chances with a jury trial? If not too much time has passed, maybe you can withdraw your plea and go to trial. Is that what you want?
Here are your options. 1. If you are within the same term of court that you entered your plea, then you can file a motion to withdraw your plea. 2. If you are not within the same term of court that you entered your plea, then you will have four years from the date that you entered your plea to file a writ of habeas corpus seeking the ability to withdraw your plea. That's it. The biggest problem you are going to run into when trying to challenge the legality of your plea is that you answered questions under oath to a judge, and now, you are claiming that what you stated earlier is not the truth. This brings your credibility into question. A judge hearing your request is going to have a hard time believing that you are now telling the truth. It is not an impossible task, but it is going to be a damn hard one for you.
While I am a licensed attorney in the State of Georgia, I am not your attorney, even though I have answered your question here on Avvo. I take the time to answer questions here on Avvo as a public service, and a way to help educate the public about certain aspects of the criminal justice system here in Georgia. If you are in need of more detailed answers or representation, you will have to contact me, set up an appointment, and after a consultation, retain me for my services.
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