How Does The Writ Process Work?

Writ of Habeas Corpus Lawyer in Texas

A writ of habeas corpus is a powerful legal tool that allows individuals to challenge a criminal conviction or sentence. This can be a good option for those who are seeking justice following a wrongful conviction or a violation of their rights, and a writ of habeas corpus can be sought with the help of a qualified criminal defense attorney. By filing a writ of habeas corpus, defendants may be able to overturn convictions or obtain relief from lengthy sentences.

In Conroe, Texas, Attorney Corey Young can provide assistance with writs of habeas corpus and other types of post-conviction relief. Attorney Young can help defendants understand when applications for state writs or federal writs may be filed, and he can make sure all documents are filed correctly when pursuing relief. Attorney Young will work to gather evidence showing that a defendant's rights have been violated or that they are innocent of the charges for which they were convicted, and he will fight for outcomes that will allow them to be released from prison or receive a reduced sentence.

Applying for a Writ of Habeas Corpus

A defendant may apply for a writ of habeas corpus after the final decision has been made in their case, including any appeals that were filed. With a writ of habeas corpus, the defendant may seek to show that their rights under the U.S. Constitution have been violated, or a defendant may state that there is new evidence demonstrating their innocence. In Texas, there is no official deadline for applying for a state writ of habeas corpus, although petitions should be filed within a reasonable amount of time based on the facts raised in the application.

After a person files a writ of habeas corpus application with the court, a copy will be served to the prosecutor in the original criminal case. The prosecutor may file an answer to the application and respond to the claims made by the defendant. The trial court that heard the original case will address the issues raised in the writ application and determine whether there are facts material to the case that will need to be resolved. If a request is deemed to be frivolous, meaning that it does not raise any issues that would affect the outcome of the case, the application may be denied. If the court determines that the request is valid, it will issue an order specifying the issues that will need to be addressed.

To determine whether a writ of habeas corpus should be granted, the court may review multiple forms of evidence. Affidavits may be submitted by the prosecution and/or defense, and interrogatories, depositions, or forensic tests may be conducted to gain relevant information. Hearings may be held where witnesses may testify in the case, and the court may also review the record of the original trial. After considering all information related to the issues raised in the application, the court will issue a decision as to whether the relief requested by the defendant should be granted or denied.

In cases involving misdemeanors or defendants who have been sentenced to community supervision following a misdemeanor or felony conviction, the trial court may issue an order either granting or denying relief. In cases involving felonies, including capital murder, the court will issue an order detailing the facts of the case and the conclusions reached, and it will provide recommendations for whether relief should be denied or granted. The Court of Criminal Appeals will review these recommendations and make the final decision about whether to deny or grant relief. If an application for a writ of habeas corpus is denied at the state level, the defendant may be able to apply for a federal writ and challenge this decision.

Contact Our Conroe Writ of Habeas Corpus Application Attorneys

At Pullan & Young, we understand how overwhelming the process of applying for relief can be for those who have been convicted of criminal offenses. Attorney Corey Young is dedicated to helping defendants navigate the complex legal system, and he believes in fighting for our clients' rights at all times. Attorney Young will work tirelessly to prepare and submit the proper forms and documents and provide the necessary evidence to show that relief should be granted. Contact our office by calling 936-647-1540 to schedule a free, confidential consultation today and get experienced legal help with challenges to a wrongful conviction or unfair sentence.