Houston Habeas Corpus Lawyers

What is a Writ of Habeas Corpus?

If you or a loved one has been convicted of a crime, and you believe that there are grounds to challenge the conviction, you will need to understand your options for seeking post-conviction relief. In some situations, it may be possible to seek relief through an application for a writ of habeas corpus. This legal remedy allows a person who has been convicted to petition the court to review their case and order a new trial or potentially even order them acquitted.

The process of applying for writs of habeas corpus is complicated, and it requires a thorough understanding of the applicable laws. Because of these factors, it is crucial to work with an attorney who has experience with habeas corpus cases. At Bennett & Bennett, we provide effective representation for defendants in criminal cases, and we can provide guidance on how to seek post-conviction relief through writs of habeas corpus or direct appeals. We do everything possible to ensure that violations of our client's rights are redressed, and to overturn a wrongful conviction.

Situations Where Writs of Habeas Corpus Can Be Filed

A writ of habeas corpus can address violations of a person's constitutional rights or situations where information has come to light that could impact a conviction. Some common scenarios where this legal remedy may apply include:

• Ineffective assistance of counsel—If a defense attorney provided inadequate representation during a trial, a defendant may have grounds for filing a writ of habeas corpus. Examples of ineffective assistance include failure to investigate key evidence, failure to call relevant witnesses, or providing incorrect advice regarding plea bargains.
• Newly discovered evidence - If significant new evidence emerges after a trial that could potentially prove that a defendant was innocent or cast doubt on their guilt, they may take steps to ensure that this evidence will be properly considered.
• Violation of constitutional rights - A violation of a defendant's rights during any stage of the criminal justice process can provide the basis for seeking post-conviction relief. Common violations include unlawful arrests, coerced confessions, illegal searches and seizures, denial of the right to counsel, and prosecutorial misconduct.
• Actual innocence - In some cases, defendants who have been wrongfully convicted may take steps to show that they are innocent of the crime they had been accused of committing. If a defendant can conclusively prove their innocence, they may take steps to seek exoneration.

The Role of an Attorney in Habeas Corpus Matters

Seeking relief through a writ of habeas corpus is a complex legal process that requires extensive knowledge of the law and experience navigating the court system. Our attorneys can provide invaluable assistance in these matters by:

• Evaluating your case - We will thoroughly investigate your case to determine if there are valid grounds for filing a writ of habeas corpus. We will gather the State's file, your prior lawyers' files, and the court's file, and assess the facts, evidence, and any potential constitutional violations to build a strong argument for why you should receive relief.
• Gathering evidence - If there is new evidence that could impact your conviction or support claims of constitutional violations, our lawyers will work diligently to gather all relevant documentation, witness statements, expert opinions, or other forms of evidence necessary to strengthen your case.
• Filing the petition - We will prepare and file the petition with the appropriate court. We will ensure that the rules are followed while ensuring that all necessary documents are included in the submission.
• Representation in court proceedings - Throughout the entire process, our attorneys will represent you in court hearings or proceedings. We will advocate for you before judges and respond effectively to any challenges raised by opposing parties.
• Presentation of a compelling case - We will present a compelling, evidence-backed case to the court, highlighting any constitutional violations or new evidence that supports your claims. We will use our understanding of the law and our knowledge of persuasive argument to advocate for your release from custody.

Contact Our Houston Habeas Corpus Attorneys

If you believe that you or someone you know may have grounds for seeking relief through an application for a writ of habeas corpus, it is crucial to consult with an experienced attorney. At Bennett & Bennett, our dedicated team has extensive experience handling habeas corpus cases and fighting for justice on behalf of our clients. We understand the complexities involved in these matters, and we are committed to providing compassionate support while advocating for your rights. To discuss your case in a confidential consultation, please contact us at 713-224-1747.