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Petition for Habeas Corpus for Non-U.S. Citizens

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 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.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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