writs of habeas corpus
If you are wrongfully in state or federal prison you have constitutional rights which can be asserted to help free you. However, asserting these rights and presenting a convincing argument takes the skill of experienced Texas writ lawyer Daniel De La Garza. Examples of viable grounds in a writ of habeas corpus include: ineffective assistance of counsel, prosecutorial misconduct, involuntary pleas, illegal sentences, and violations of due process.
Not all criminal defense attorneys handle writs of habeas corpus, so it is in your best interest to seek out a criminal defense law firm with a winning track record, like the Law Office of Daniel De La Garza, PLLC.
Texas Writ of Habeas Corpus lawyer
A writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure is a legal document filed with the trial and designed to challenge the constitutionality of a conviction and the legality of the incarceration. Often at issue is whether the trial lawyer properly represented the client or whether the prosecution turned over all the evidence at trial. If successful often reduced or dismissed charges result. This writ requires the skills of an experienced attorney. Call our office today.
Post-Conviction writ of habeas corpus investigations consist primarily of document review, legal research, and old fashion investigative work. The help of an experienced investigator is frequently enlisted during the writ of habeas corpus investigation process to interview trial witnesses, trial counsel, and to seek out newly discovered evidence.
Although not all post-conviction writ of habeas corpus cases in Texas require a writ investigation in some cases due to the high costs associated with the filing of a writ of habeas corpus a writ investigation is often the best option to pursue before a decision to pursue relief is made. Writ of habeas corpus lawyer Daniel De La Garza can help. Call our office today.
The statutory authority for federal writs are found under title 28 of the United States Code. Section 2254 provides a federal remedy for a person in state custody; while section 2255 provides a federal remedy for a person in federal custody. Federal writs are highly technical, have a strict one year deadline from the date of exhaustion of all state remedies, and require an experienced federal lawyer for federal writs to successfully navigate the federal writ of habeas corpus process.
Common state and federal Writ of habeas corpus issues include:
- Ineffective Assistance of Counsel
- Failure to Investigate
- Brady Claims
- Actual Innocence
- No Evidence
- Involuntary Plea
Article 11.072 of the Texas Code of Criminal Procedure provides a remedy for relief in a case where deferred adjudication or regular probation is granted. Common issues that arise in these cases include: failure to investigate the facts of the case by the trial lawyer, and situations involving the entering of a plea involuntarily resulting in probation when the case should have been dismissed. San Antonio criminal lawyer Daniel De La Garza can assist in obtaining relief when probation or deferred adjudication was wrongfully granted.