Columbia, MD asked in Criminal Law and Appeals / Appellate Law for Maryland

Q: If someone is looking for habeas corpus relief, but the state Court can not produce their plea bargain what can they do

Also if the courts can't produce the transcripts are there any grounds for dismissal? What if that case is only 2 years old? Is there any cases I can read up on about this?

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal, or by other post-conviction relief. If the case is so old that the transcripts can no longer be created, and none were ever produced in connection with timely appeals or procedural motions allowed under the rules challenging the proceedings, then you will need the testimony and recollection of your defense attorney, the prosecutor and the plea judge, and any written notations in the record at the time, to support whatever grounds you are arguing make the pea illegal. Also, habeas corpus relief only applies to a defendant who is currently in prison, and it is not always available to challenge every type of issue. Generally, in a post-sentencing posture, it is an option of last resort once all other avenues of relief have been exhausted, and by then it is a long shot.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.