Asked in Criminal Law for Georgia

Q: I have read case law where ppl have upon pleading guilty they reserved there right to appeal the trial courts decision.

Is that no longer an option in Georgia??

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2 Lawyer Answers

David S West

PREMIUM
Answered
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: Everyone in Georgia has two ways to appeal after a plea. If they file a Notice of Appeal within 30 days of their plea and sentence then they can appeal directly to the Court of Appeals. If it has been less than four years for a felony or one year for a misdemeanor since the plea then a habeas corpus appeal can be filed as well. This is an attack on the plea or sentence on constitutional grounds. We handle both of those in Georgia and are very familiar with the options here.

David Edward Boyle

Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: You would be incorrect, that option was available many years in the past but is no longer an option.

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