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In a guilty plea, a person waives all rights to a direct appeal by waiving the right to trial. However, you do not waive all of your rights by entering a plea!

A Writ of Habeas Corpus protects a person from losing his or her freedom when lost as a result of constitutional violations. A petition for writ of habeas corpus in Atlanta is a civil proceeding used to challenge the judge’s decision or legal process that led to the criminal conviction. This is usually based on the ineffectiveness or poor advice from your lawyer, or other overall circumstances of your plea that led to an unlawful restraint of your freedom and a violation of your Constitutional rights.

Typically, you have four years from the date of a felony conviction to challenge your plea, or one year from the date of a misdemeanor conviction. However, there are instances where you might meet an exception. For example, if you are not a U.S. Citizen, and your lawyer improperly informed you about the immigration consequences of your plea, it is possible you meet the Padilla exception or another exception under O.C.G.A. § 9-14-42.

Do not waste another minute, though, because you may soon be out of time to file!

Connect with STERN Law today for an experienced review of your criminal history and appeal options.

O.C.G.A. § 9-14-1 through O.C.G.A. § 9-14-41 provides the right and procedures for any person restrained of his liberty, under any pretext or under a sentence imposed by any Georgia court, the right to inquire into the legality of the restraint.

You deserve to be represented by the first 100% CrImmigration Law Firm in the country

As the first and only law firm that remains 100% committed to the defense of non-U.S. citizens through criminal and immigration law exclusively, we know you best. We know what success looks like for you… You will work with a team committed to the education of their community, their colleagues and themselves.

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Take a stand for your future,RIGHT NOW.

If you’re ready to relentlessly FIGHT for your freedom, and WON’T take “no” for an answer, connect with STERN Law today!

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