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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience:  I provide general practice and mediation & arbitration services to my clients.
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I would like to file a habeas corpus petition on the behalf

Resolved Question:

I would like to file a habeas corpus petition on the behalf of my brother. He was convicted in Georgia on Ct. 1 marijuana more than an ounce (he had 2-3 ounces) for 10 years and failure to yield to an emergency vehicle-the sheriff car on the interstate-which he stopped. However he was illegally searched. He did not give them permission to search. Would it be better to file an appeal or habeas corpus? Do I need an attorney?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 8 years ago.
When was your brother convicted? Did he have an attorney? Why do you believe he was illegally searched?
Customer: replied 8 years ago.
Yes he was convicted. He had an attorney. My brother did not give them permission to search but they searched anyway. The attorney was going to fight his charge based on the fact that he was illegally searched. However my brother had a violation of probation in his home county of Dougherty with this arrest. He had one conviction of 1/2 ounce of marijana with intent to distribute I think in 2007. When he was arrested in February 2009, he did not tell his probation officer. His trial was set in Meriwether County for May 27, 2009 and continued to June 17 after he asked that he get his own attorney. His attorney was familiar with the county and knew they intentional get on interstate 85 to set traps when their county lies about a mile or less on interstate 85. By the way the sheriff got arrested in June 2009 for possession of cocaine. His attorney advised him to inform his probration officer on June 15, 2009 of his February 2009 arrest. My brother had also signed a confession during the first week of incarceration in February-they would only give him a cash bond of $10,000 and very little communication with anyone-he kind of had no options in order to get out of jail and get help. With this the attorney felt compelled to plea. There was merit to the illegal search-the sheriff had the arresting officer on paid leave until he discovered my brother agreed to plea bargin. I was not there but my sick father was-I would not have advised him to plea. Now he is in jail for having 2 ounces of marijuana-10 year sentence-he suppose to serve 3 years-I think 1/3 is a year. He suppose to go to a diagnostic center when a bed is available-where killers are. He appeared before Dougherty county- they felt he should have been discharged from jail based on his charges but Meriwether County had jurisdiction.
Expert:  Dimitry Esquire replied 8 years ago.
Thank you for the additional information. But what I am looking for is when your brother was convicted--I want to see if he can still formally appeal the decision.
Customer: replied 8 years ago.
He was convicted on June 17, 2009.
Expert:  Dimitry Esquire replied 8 years ago.
It is too late for a formal appeal of the sentence but you can still file a petition for habeas corpus. I strongly urge you to get an attorney to do it for you, since the attorney would be able to back up the petition with researched case law and up-to-date decisions that you just may not be aware of.


Dimitry Alexander Kaplun, Esq.
Customer: replied 8 years ago.
Should I get a new attorney or his attorney that represented him in court.
Expert:  Dimitry Esquire replied 8 years ago.
Good question. If you do not trust the old attorney, get a new one. Otherwise speak to the prior attorney (since he is already familiar with the case) and have him file on your brother's behalf.


Dimitry Alexander Kaplun, Esq.
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