A conviction is not the end.
Errors occur at trial. Lawyers fail their clients. New evidence surfaces. The law changes. When any of those things happen, remedies may exist — if you have a lawyer who can find them.
Mark Bennett is Board Certified in Criminal Appellate Law by the Texas Board of Legal Specialization. We handle post-conviction matters — habeas corpus — in state courts across Texas.
If you have been sentenced within the last 30 days, or if you have filed a notice of appeal, you are probably looking for a lawyer to handle a direct appeal. See our Texas criminal appeal lawyer page.
How much does a post-conviction attorney cost?
A $500 consultation fee covers a review of the procedural history of the case and a discussion of potential grounds for post-conviction relief. There are no free consultations.
If you decide to move forward after the consultation, we charge at least $10,000 — often more, depending on the circumstances — to investigate the case and determine whether grounds exist for filing a petition for habeas relief.
If investigation turns up viable grounds, we charge at least $15,000 — often more — to prepare, file, and pursue habeas relief through the Texas courts, including any state appeals.
Post-conviction work is expensive because it is thorough and specialized.
What is habeas corpus?
Habeas corpus is the primary post-conviction remedy for issues that could not be raised on direct appeal. It asks not whether the trial court made legal errors on the record, but whether something made the conviction or punishment unlawful that the appellate record never captured.
The most common grounds:
Ineffective assistance of counsel. Trial counsel’s performance fell below professional standards, and that failure affected the outcome. Habeas is the right vehicle because the evidence — what counsel did or failed to do, and why — lives outside the trial record. Grounds include failure to investigate, failure to challenge inadmissible evidence, and bad advice about whether to testify or accept a plea.
Brady violations. The prosecution is constitutionally required to disclose evidence favorable to the defense. Undisclosed witness deals, suppressed forensic results, withheld impeachment material — when any of that surfaces, a Brady claim may lie.
Newly discovered evidence. Evidence that did not exist at trial, or that due diligence could not have uncovered, and that would have changed the result.
False or recanted testimony. A witness has admitted lying. Forensic science presented at trial has since been discredited.
Actual innocence. Texas courts can grant habeas relief when newly available evidence is so compelling that no rational juror would have convicted. These are hard cases. We take them.
How does Texas habeas work?
Texas habeas proceedings are governed by Chapter 11 of the Code of Criminal Procedure. The right statute depends on the type of case.
Article 11.07 applies to felony convictions where the applicant is not on probation. The application is filed in the convicting court. That court holds an evidentiary hearing if the facts are contested, enters findings, and transmits the record to the Court of Criminal Appeals, which has the final word.
Article 11.072 applies when the applicant is serving community supervision. Unlike an 11.07 application, the convicting court issues the final ruling, which is then appealable to the court of appeals.
Article 11.071 governs capital cases. The procedure is more elaborate.
Habeas is not an appeal. It is a separate civil proceeding with its own rules, deadlines, and procedural traps. Claims not raised in the initial application can be forfeited in later ones. Filing strategy matters.
See our case results.
How long does a habeas case take?
Months, at least. Sometimes years. Chapter 11 of the Texas Code of Criminal Procedure sets timelines that trial courts must follow, but habeas cases have been tied up in the courts of appeals — for article 11.072 probation cases — and in the Court of Criminal Appeals — for article 11.07 cases — for several years. Ex parte Cook took seven years.
What about a “sentence reduction” or “time cut”?
The correct term is commutation of sentence. “Time cut” is prison and practitioner vernacular; it does not appear in the governing authorities.
The legal framework: Article IV, section 11 of the Texas Constitution grants the Governor clemency power upon written recommendation of a Board of Pardons and Paroles majority. Section 508.050 of the Government Code authorizes the Board’s role. The operative procedural rules are in 37 Texas Administrative Code section 143.52.
The process requires written recommendations from at least two of the three “trial officials” — the current sheriff, district attorney, and sitting judge of the convicting county, not the individuals who held those positions at the time of trial. Those recommendations must include more than a conclusion that the sentence seems too long. Each must state that the penalty now appears excessive, identify a specific term considered just, and explain why: based either on facts that existed at trial but were not available to the court or jury, or on a subsequent statutory change in the applicable penalty. A majority of the Board must then vote to forward the request to the Governor, who decides whether to grant it.
We do not know of a single case in which a commutation has been granted.
If commutation is what you have in mind, we cannot help. If you are looking for a legal challenge to the conviction or sentence itself, that is habeas corpus. See above.
What does it mean when a conviction is overturned?
When a conviction is overturned, a court has determined that the original conviction was legally defective: it may have involved constitutional violations, ineffective assistance of counsel, newly discovered evidence, or other reversible error. Overturning a conviction does not necessarily mean the defendant goes free. Depending on the basis for the ruling, the result may be a new trial, a reduced sentence, or, in rarer cases, outright dismissal of the charges.
How do I get started?
Pay the $500 consultation fee, then fill out our questionnaire. The questionnaire covers the procedural history of the case — the information we need to have a productive conversation.
After payment, Stripe will direct you to the questionnaire.