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Case of the Week
Because Appellate Court decisions are
so critical to legal defenses in DUI/DWI arrests, Mr.
Head has decided to feature a "Case of the
Week" for the web site, so that the reader can learn
more about traffic stops, evidence in DUI/DWI cases and
errors made at trial that can help win cases. Some reported
cases do not deal directly with DUI/DWI, but relate to
some critical issues, such as search and seizure questions.
Each week, we will add a new case and
ARCHIVE
the previous week's case, so that these can be reviewed
for up to one full year after being featured. In any event,
the reader should understand that a decision in ONE jurisdiction
may be either more or less favorably decided in YOUR jurisdiction.
Always consult competent
DUI/DWI defense counsel before assuming that you
have little chance of success at trial.
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Habeas Corpus
Action to Set Aside Ill-Advised Drug Offense Plea
Granted to Woman 15 Years Later
In criminal cases, a person's failure
to understand potential job, immigration or similar
consequences of a guilty or nolo contendere plea
(the law calls these "collateral consequences")
will generally NOT be grounds to set aside an ill
advised plea. However, in one recent case, the Georgia
Supreme Court found that where the immigrant specifically
ASKED her legal counsel about the consequences to
her ability to remain in the United States, and
was misinformed, this amounted to a constitutional
violation for "ineffectice assistance of counsel".
Faced with NOT being able to become an attorney
AND being deported by INS, she sought to undo her
incorrectly advised plea. Hence, the ill-advised
"no contect" plea to a very questionable
"drug" charge was ordered "vacated"
(removed from her record).
CLICK HERE to
read more on this case.
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