Conroe State Writs Attorneys

What Is A State Writ?

Defendants who are involved in criminal cases will often feel that the deck is stacked against them. Those who have been charged with crimes may struggle to respond to accusations, and they may feel that they have been treated unfairly by prosecutors or other law enforcement officials. Because of this, many people who are convicted of criminal offenses may be resigned to their fates because they feel like there are no options left. However, this is not necessarily true, and there may be some situations where the legality of a conviction can be challenged by applying for a writ of habeas corpus. The legal system in the state of Texas allows for these types of writs after the final disposition of a case.

Issues related to writs of habeas corpus can be complex, and defendants will need to understand whether this may be a good option for challenging a conviction or whether other forms of post-conviction relief may be available. At Pullan & Young, our lawyers have extensive experience in a wide variety of criminal cases. Due to our previous work as prosecutors, we understand the legal issues that can play a role in a conviction and the potential violations of a person's rights that may occur during a trial. Attorney Corey Young works to ensure that our clients have the opportunity to address violations of their rights and potentially overturn incorrect convictions or unfair sentences.

State Writs of Habeas Corpus in Texas

Article 11.07 of the Texas Code of Criminal Procedure allows people who have been convicted of felonies to seek relief from the judgments that were imposed in a criminal trial by filing an application for a writ of habeas corpus. These writs may address violations of a person's constitutional rights, or they may allow a person to demonstrate that new evidence has been uncovered that proves that they are innocent. An application for a writ of habeas corpus may only be filed after a final conviction. If an appeal is pending, it must be resolved before the court will be able to respond to the issues addressed by a writ of habeas corpus.

An application for a writ of habeas corpus may raise issues related to a person's conviction and demonstrate that they were wrongfully convicted. It may also address the legality of a sentence, seeking to reduce the total amount of time that a person will spend in prison or remove other conditions and requirements that have been placed on a defendant.

There are a variety of issues that may be raised in an application for a writ of habeas corpus, including:

• Actual innocence - A person may present new evidence or new information about evidence that was used in their trial to demonstrate that they could not have committed the crime for which they are convicted. For example, DNA testing may show that someone else committed the offense in question, or a key witness may have recanted their testimony. If a person can show that based on these newly discovered facts, they would not have been convicted, their conviction may be reversed.
• False confessions - In many cases, criminal convictions will be based on statements made by a person to police officers during interrogations or other interactions. In some cases, confessions may be coerced through lies, manipulations, or threats. A person may be able to call these types of confessions into question and show that their rights were violated.
• Prosecutorial misconduct - Prosecutors may use a number of illegal methods to secure a conviction, including failing to disclose evidence that would have exonerated the person. If a person can show that evidence was withheld or that false evidence was used during their trial, they may be able to have their conviction overturned.
• Ineffective assistance of counsel - Everyone has the right to be represented by a competent attorney. If a person can show that their attorney failed to take the proper steps to defend them, such as by providing incorrect legal advice, failing to call witnesses or present evidence, or failing to move to suppress evidence that should have been inadmissible, they may be able to receive a new trial or even overturn their conviction.
• Jury misconduct - If a jury was unfairly influenced by outside factors during a trial, a conviction may be overturned due to jury tampering. A writ of habeas corpus may also allow a person to challenge improper behavior by jurors, such as independent investigations conducted outside of courtroom proceedings or unfair personal bias against the defendant.

Contact Our Conroe, Texas State Writ of Habeas Corpus Attorneys

If you want to know more about your options for post-conviction relief, Attorney Corey Young can help you understand your options for seeking a writ of habeas corpus or taking other actions to challenge a wrongful conviction or unfair sentence. Contact Attorney Young today at 936-647-1540 to set up a free consultation.