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Can I petition for a writ of habeas corpus to overturn a guilty plea? My grounds would be lack of proper representation.

Arlington, TX |

I have since been told by a friend in the legal field that there was absolutely no case against me and that the prosecution should have dropped all charges, or, my attorney should have advised me to go to trial. My attorney told me that if I went to trial it was a crap-shoot for a DWI charge and that I was better off just pleading guilty and getting it over with. This is the ONLY offense I have ever had. The charge was DWI, but I was not even in a car, I was in my front yard. No police officer ever witnessed me in a vehicle. There was no video taken at all other than at the jail. My car (in the driveway) was not towed, and I was never even asked for insurance or if I had keys to that car on my person, which I did not. This plea was less than a year ago. Thank you for your help...

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Attorney answers 2


A claim for ineffective assistance of counsel (which would be based on the advice given that led to your guilty plea) can be raised in a petition for writ of habeas corpus. But, such a petition can only be raised if you are in custody or still suffering the effects of the conviction, so I wonder if you are suffering under such a burden considering your conviction was for DWI.



The suffering would be that I have been unemployed since January of this year and have several job offers that I cant take due to the conviction. This will forever be on my record and affect me in many facets in a negative way. None of which my lawyer explained to me.


You should talk with a lawyer who does habeas corpus applications to see what they think. The DWI does sound a little tough for the STate to make. What evidence did they have to support driving or being in control of the vehicle? Surely there has to be more to this for the State to have even taken the charges in the first place.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.



The officers said they had a civilian witness that saw me driving, however, when the police were pulling up, I was coming out of my house. I have a witness(my ex) that told the officers I had in fact been at home, but at that time we were in a custody battle for our son and my lawyer said he didnt want to call her to testify. Other than this wirness, they have nothing.

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