Q: can you appeal a guilty plea ?
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- Georgia
- (404) 320-1049
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- Answered
A:
Yes. You must file a notice of appeal within 30 days after entry of the judgment of conviction and sentence.
You can also file a motion to withdraw a guilty plea. A motion to withdraw a plea of guilty must be filed before the end of the term of court in which the plea is entered. Your local clerk of court can tell you what the terms of court are for your local judicial circuit.
Finally, if you believe your guilty plea and/or sentence substantially denied you of your Constitutional rights, you can file what's known as a habeas corpus petition. Habeas corpus petitions must be filed within 180 days for traffic offense convictions, one year for misdemeanor convictions, and four years for felony convictions.
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