Former Piedmont Judicial Circuit District Attorney Tim Madison wants to withdraw his guilty plea from 2008. Madison plead guilty in March 2008 to seven counts of theft while serving as district attorney and was sentenced to 11 years — six to be served in custody and the rest on probation. But in a March court filing in Banks County, Madison claimed that he only pleaded guilty because he was told by his attorney, Ed Tolley, that he would serve his time in federal custody, not state custody. Madison now claims that Tolley “acted deficiently” and that he would not have pleaded guilty had he known his time would be served in state custody.
No hearing date has been set in the motion.