Writs of Habeas Corpus
Writs of Habeas Corpus Attorney
Some kinds of trial errors, such as ineffective assistance of trial counsel, are very difficult if not impossible to preserve for appellate review during the direct appeal process outlined above. Additionally, sometimes evidence that would have helped your case, or witnesses who have been missing for prolonged periods of time reappear long after the time for filing an appeal has passed or while you are in the midst of litigating your direct appeal.
On rare occasion, a criminal statute or procedural rule used to convict you is later declared unconstitutional by the Court of Criminal Appeals or the Supreme Court of the United States. In such circumstances, the appropriate remedy is to seek a writ of habeas corpus.
Writs share some similarities with appeals, but they differ in one critically important aspect: in the context of a writ, new evidence and matters not contained in your trial record can be put before the court by way of live hearing or affidavit.
The procedures required in state habeas work vary somewhat depending upon the nature of the case – i.e. whether the writ seeks relief from a conviction resulting in incarceration; relief from a conviction in a capital murder case; or a conviction resulting in community supervision.
Additionally, federal writs of habeas corpus are available in some circumstances, so long as the petitioner can satisfy the stringent time requirements and procedural rules set forth by congress.
Contact Criminal Defense Attorneys Hunter, Lane & Jampala PLLC
It is essential to thoroughly discuss your case from all angles, including the nature and facts of your case, the timeline of events in the way your case was handled procedurally, and whether or not you have ever sought habeas corpus relief in the past on the same case with your attorney.
Schedule your free consultation today (210) 966-8278.