Roswell Criminal defense Attorney Thomas Rowsey, representing a young girl held in custody by Immigration & Customs Enforcement (ICE), convinced the Superior Court of Hall County to VACATE a five year old criminal felony conviction of a 15 year old g
December 12, 2012 (Newswire.com) - Roswell Criminal defense Attorney Thomas Rowsey, representing a young girl held in custody by Immigration & Customs Enforcement (ICE), convinced the Superior Court of Hall County to VACATE a five year old criminal felony conviction of a 15 year old girl.
Utilizing a Habeas Petition, filed pursuant to the rationale of Padilla v. Kentucky, ultimately led to the discovery of the denial of the defendant's United States Constitutional right to the effective assistance of counsel.
At the time of the young girl's original plea, the Juvenile defendant was charged as an adult. As such, she was entitled, pursuant to O.C.G.A. § 17-7-50.1, to have the criminal charges against her presented to a grand jury within 180 days.
Mr. Rowsey told sources that during his investigation of the case he uncovered details pointing the fact that the Bill of Indictment was presented to the grand jury beyond the permissible time. This violation made the Indictment void and the defendant's plea null and void. Consequently, Mr. Rowsey was able to convince the Court to VACATE the five year old Judgment and Sentence.
Mr. Rowsey says, "The VACATED criminal conviction removed the reason Immigration & Customs Enforcement was attempting to deport the petitioner, a legal resident. I am happy to report the successful Habeas Petition won the release of this young woman." Cases like this are his reason for practicing law, helping individuals whose rights have been violated.
About Thomas Rowsey, Roswell's criminal attorney at law
For over two decades Thomas Rowsey has been helping the residents of Georgia with their unique law needs, criminal, divorce and even personal injury cases. His vast experience in the courtroom and litigation skills in the State, Superior and Federal court are why he is someone to have on your side in your time of need. He has been voted Best Family Lawyer by Appen Newspaper Reader's Poll and earned the Acquittal Award for his acquittal rates. If you or someone close to you is in trouble, Thomas Rowsey is the attorney you want on your side. Call today (770)993-5317.