We have the sufficient trial experience, skill and mastery of the legal process to leverage the extraordinary remedy provided by writs for you. Writs offer the accused a last-ditch opportunity to rectify a trial court error or for a convicted felon to overturn a wrongful imprisonment.
Writs exist outside of the appeal process. They are extraordinary remedies provided by the legal system when there is no other adequate remedy at law. In other words, when a criminal appeal fails, don’t give up hope. Our legal team will fight to ensure that you receive the benefit of every protection available under the Constitutions of the United States and the State of Texas.
Writs have a royal heritage. They descend from English common law. Kings knew their usefulness and so do every day American citizens caught up in the complexities of the criminal justice system. In medieval England, a sovereign (king) could send a writ (letter), under royal seal, to a local sheriff or government official. The writ to the sheriff ordered someone who had wronged another to make repairs or appear in the court to face his accusers. These forbearer writs more closely resemble our current summons accompanying the service of a law suit.
Today’s writs are orders from a higher court to a lower court or government official, such as a prison warden, commanding the performance of a specific act. The power of the writ to protect those wrongfully accused, improperly imprisoned, or denied a fair, impartial trial stems from rights protected by the U.S. Constitution and that of the State of Texas.
Writs of Habeas Corpus
The most significant criminal defense writ is an application for a writ of habeas corpus. It is a remedy outside the appeal process and asks an upper court to overturn a conviction of a lower court.
You’ll Need a Lawyer for a Writ of Habeas Corpus
Attorney Mark W. Bennett is well known for creative and innovative use of procedures and defenses to protect the rights of prisoners wrongfully convicted of crimes or for clients who need immediate and specific relief from an overbearing and overreaching trial court. If this represents your situation or that of a loved, contact Bennett & Bennett directly by calling 713-224-1747.
Writs of Habeas Corpus & Texas Law
Writs of habeas corpus provide a procedural remedy to overturn a state court criminal conviction when an appeal was unsuccessful and new, exculpatory evidence has come to light that might exonerate the felon.
Historically, Amendments V and VI to the Bill of Rights of the U.S. Constitution form the basis for this 11th hour measure to ensure that justice is carried out on behalf of the wrongfully accused and/or convicted. Those amendments guarantee that a person may not be imprisoned without due process of law, must be informed of the nature of the accusation against him or her, and has the right to a fair, speedy public trial.
A writ of habeas corpus might be appropriate, for example, if you received ineffective assistance from your attorney. Perhaps you were not fully informed of the consequences of your plea bargain or your attorney pled before thoroughly investigating all the facts in your case. These failures might be of sufficient magnitude to warrant the filing of a writ of habeas corpus.
Another scenario that might justify a writ of habeas corpus is attorney advice recommending a plea bargain of guilty, which you follow because you were told the judge would order probation, and instead you were convicted and imprisoned.
The strongest use of a writ of habeas corpus is as a vehicle to litigate newly discovered evidence. Unlike an appeal, a writ of habeas corpus is not confined to the lower court record on appeal and new evidence may be introduced to the upper court.
Attorney Mark W. Bennett is a Fighter
Dedicated to Defending Your Rights
You can begin to feel hope and confidence again. Attorney Mark W. Bennett will avail every legal process to ensure that you receive the best and most competent representation to protect your rights. Bennett & Bennett has represented convicted felons and people accused of serious crimes – aggravated assault, murder, child pornography, sex crimes, distribution of illegal drugs – and earned a reputation as an outstanding champion of fair, strong representation.
If you think you need help overcoming inadequate representation or you feel you were erroneously convicted based on insufficient or improperly excluded evidence, you are welcome to contact our legal team at 713-224-1747.