Texas Habeas Corpus Attorney in Dallas
In the state of Texas, applying for a writ of habeas corpus is one way to overturn a state conviction due to a state or federal constitutional violation. Its main purpose is to protect citizens from governments overreaching their power to incarcerate people.
A writ of habeas corpus, unlike a direct appeal, has no deadline for filing in state court. This means an individual need not file a writ within 30 days of the ruling. Moreover, it means that the court may take into consideration other matters not found in the court reporter’s record. If all state options have been exhausted, then a habeas corpus petition may also be filed in federal court. A state prisoner filing a writ in federal court, however, only has a statute of limitations of one year.
Simply put, the writ of habeas corpus is the remedy of last resort. If all other appeal options have been exhausted, an individual may choose to file a writ of habeas corpus, which seeks a reversal, review, or new trial—typically on the basis of:
- A violation of the individual’s constitutional rights
- Acquisition of new evidence
- Wrongfully excluding evidence at trial
- Ineffective legal representation
If you need to appeal your case or have reason to believe that your constitutional rights were violated, contact David Finn, P.C. at (214) 871-1121 today to discuss your case.
Filing a Writ of Habeas Corpus
Individuals pursuing a writ of habeas corpus need to file a petition in the district or county where the imprisoned person was convicted. There are no restrictions as to who can file the writ of habeas corpus—it may be done by the incarcerated individuals themselves, or by their family members, friends, or attorneys.
A writ of habeas corpus, unlike a direct appeal, has no deadline for filing. This means an individual need not give 30-day notice of his or her sentence. Moreover, it means that the court may take into consideration other matters that may not be found in the court reporter’s record. If all state options have been exhausted, then a habeas corpus petition may also be filed in federal court.
Call David Finn, P.C. Today
Help may still be available—even after a conviction for a criminal offense. If you or someone dear to you has been convicted of a criminal offense, it is crucial to fully understand all the options available to you, particularly in terms of possibly overturning the decision of the court.
David Finn, P.C. will fight aggressively to protect your rights, as well as both your personal and professional future. Call (214) 871-1121 today.
Office: (214) 871-1112
David Cell: (214) 538-6629
Kathy: (214) 738-4703 (Paralegal Kathy Archuletta)