San Antonio Attorney For Writ Of Habeas Corpus

Certain types of trial errors can be difficult, if not impossible, to preserve for appellate review as part of the direct appeal process. Evidence or witnesses who could have aided your case or who were absent for extended periods may reappear even after the appeal’s deadline has passed or when you are preparing to litigate your direct appeal.

A criminal statute that was used to convict you may be later declared unconstitutional or procedural by the Supreme Court’s Court of Criminal Appeals. In such cases, you may apply for a writ of habeas corpus.

A writ of habeas corpus refers to a court order that is issued to either an agency or a person who is holding someone in custody. The person in custody must be delivered to the court by the recipient. If you want to challenge the legality or conditions of your imprisonment, you must file this type of motion. 

Typically, a writ of habeas corpus is subject to stringent procedures. This option is not always available. If this is possible, you might be able to get your sentence changed.

While writs are similar to appeals in some ways, they are fundamentally different — writs allow for new evidence or matters not included in your trial record to be presented to the court through a live hearing or an affidavit.

Depending on the nature of the case, state habeas work procedures differ. The writ of habeas corpus may be used to seek relief from a conviction that results in imprisonment, relief from a conviction in a capital murder case, or relief from a conviction that results in community supervision.

Under certain conditions, a federal writ for habeas corpus may also be available, provided the petitioner meets the strict time requirements and follows the procedural rules established by Congress.