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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?